Article 22 — Planned Development District (P-D)

Subject to all other regulations set forth in this chapter, uses shall be permitted and regulations shall apply in the Planned Development District (P-D) as set forth in this article; however, for properties zoned both P-D and Special Area (SA), both zoning designations shall apply and the provisions of the SA District shall prevail in the event of any conflict between the provisions of the SA District and P-D District.

(§ 4.16, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § V (A), Ord. 610-C.S., eff. March 16, 1994)

The purpose of the Planned Development District (P-D) is to allow diversification of the relationships of various buildings, structures and open spaces in planned building groups, while insuring substantial compliance with the district regulations and other provisions of this chapter, in order that the intent of this chapter that adequate standards related to the public health, safety, and general welfare shall be observed without unduly inhibiting the advantage of large scale site planning for residential, commercial, or industrial purposes. The amenities and compatibilities of the P-D District shall be insured through the adoption of a development plan and specific plans showing proper orientation, desirable design character, and compatible land uses. To this end, the use of the Planned Development District (P-D) is encouraged.

(§ 4.161, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975)

The uses permitted in the Planned Development District (P-D) shall be the uses designated on the approved development plan; provided, however, in the event such approved usage does not conform to the General Plan of the City, the General Plan shall be amended to conform to the development plan simultaneously with the amending of the Zoning map classifying the parcel P-D.

(a)

A cannabis operation may be allowed within any portion of a Planned Development District (P-D) where the approved development plan specifies a commercial use upon approval of a Cannabis activity permit, and further subject to the standards contained in Article 48 of this chapter. An amendment to the approved development plan shall not be required. In cases where the details of the original development plan are not available, the Planning Administrator may determine that the development plan specified commercial activity for an area based on the existing development pattern and nature of existing uses in the area.

(b)

Indoor or outdoor cultivation of cannabis for personal use as an accessory use to a primary dwelling unit may be allowed within any portion of a Planned Development District (P-D) where the approved

development plan specifies a residential use subject to the standards contained in Article 48 of this chapter. An amendment to the approved development plan shall not be required. In cases where the details of the original development plan are not available, the Planning Administrator may determine that the development plan specified residential use for an area based on the existing development pattern and nature of existing uses in the area. Outdoor cannabis cultivation shall not be permitted on any parcel directly abutting any school, day care center, or youth center as those terms are defined in Article 48 of this chapter.

(§ 4.162 (C), Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975; § 13, Ord. 819-C.S., eff. November 7, 2017; § 2, Ord. 844-C.S., eff. June 12, 2019)

The following provisions shall apply in the Planned Development District (P-D), which district shall also be subject to the other provisions of this chapter; provided, however, where conflicts in regulations occur, the regulations set forth in this section or in the development plan or specific plans approved pursuant to the provisions of this section shall apply:

(a)

Size. The minimum size of any parcel for which an application for a P-D District will be accepted shall be five (5) contiguous acres, except as otherwise provided for the Hillside Preservation District in this subsection. The entire parcel shall be in one ownership, or the application shall be made by, or with the written authorization for such action on behalf of, all property owners concerned and the applicant, together with a statement signed by interested owners that they agree to be bound by the regulations and conditions which shall be effective within the district. All properties under common ownership or control shall be planned as a single unit within which incremental or phased development may be permitted. Any parcel of land, regardless of size, in the Hillside Preservation District (HPD) shall meet the requirements and provisions of the HPD regulations, except as otherwise set forth in this chapter. The five (5) acre minimum standard for the P-D District shall not apply to the Hillside Preservation District.

(b)

Other Regulations. Regulations for area, coverage, density, yards, parking, height, and open ground area for P-D District users shall be guided by the regulations of the residential, commercial, or industrial zoning districts most similar in nature and function to the proposed P-D District uses as determined by the Commission and the Council. Regulations for public improvements and subdivisions shall be governed by applicable laws of the City. Exceptions to such regulations by the Commission and the Council shall be permitted when the Commission and Council find that such exceptions encourage a desirable environment and are warranted in terms of the proposed development, or units thereof, in accordance with the regulations and limitations set forth in this article.

(§ 4.162 (A) and (B), Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. b56-C.S., eff. November 26, 1975)

(a)

Simultaneously with an application to classify a parcel to the Planned Development District (P-D), the applicant shall submit a development plan containing the following elements:

(1)

The circulation pattern, indicating both public and private streets;

(2)

All parks, playgrounds, school sites, public buildings, open space, and other such uses;

(3)

The land uses, indicating the approximate areas to be used for various purposes, the acreage and percentage of total area in each land use, the population densities, the lot area per dwelling unit (excluding public street area), the percentage of area covered by buildings, pavement, and grading, and land uses on adjacent parcels;

(4)

A map showing the topography of the proposed district at one foot contour intervals in areas of cross slope of less than five (5%) percent, at two (2′) foot contour intervals in areas of five (5%) percent through ten (10%) percent cross slope, and at five (5′) foot contour intervals in areas exceeding ten (10%) percent cross slope;

(5)

The following studies of the proposed development:

(i)

A cost revenue analysis for any residential or institutional project,

(ii)

A market analysis for proposed commercial developments;

(iii)

A completed environmental information form in accordance with CEQA Guidelines to allow the City to make a determination that the project is categorically exempt, that a negative declaration be prepared, or that an environmental impact report is necessary. If an environmental impact report is necessary, the applicant shall deposit the necessary funds with the City for the completion of such report;

(iv)

A general list of price ranges (both sale and rental) for proposed residential developments; and

(v)

A geological and soils analysis which shall contain an adequate description of the soils and geology of the site and conclusions and recommendations regarding the effect of the soil and geological conditions on potential grading, excavations, street and utility improvements, and structures.

For any development proposal within the Hillside Preservation District which is less than five (5) acres, the provisions of subsections (i) and (ii) of this subsection shall be required, unless conditions warrant the waiver of said provisions by the Commission;

(6)

Plans showing the Concepts for:

(i)

Building siting and configuration;

(ii)

Architectural character, and

(iii)

Grading, tree removal, and other alterations to the natural condition of the land;

(7)

A development schedule indicating the approximate date on which the construction of the project can be expected to begin, the anticipated rate of development, and the completion date. There also shall be included, if applicable, a delineation of units or segments to be constructed in progression;

(8)

Proof of ownership of the properties proposed for reclassification or written approval from the owners of record to seek development plan approval and reclassification; and

(9)

Other information as indicated on the prescribed form by the Planning Administrator.

(b)

Development plans and, thereafter, specific plans shall be approved by the City before building or grading permits may be issued or trees removed for areas classified P-D for which development plans have not been approved prior to the adoption of the provisions of this chapter. The procedure for the approval of such plans shall be as set forth in subsection (a) of this section and Section 9-4.2208 of this article.

(c)

Each application for the classification and/or approval of development plans shall be accompanied by a fee as set forth in Article 37 of this chapter. Separate fees shall be required for the reclassification and the development plan.

In addition to the fee set forth in Article 37 of this chapter and prior to the issuance of building permits for an area classified P-D, the developer shall be responsible for the payment of the following fees:

(1)

The developer of an area classified P-D shall be responsible for the payment of planned drainage facilities fees in accordance with the schedule set forth in Article 1 of Chapter 4 of Title 7 of this Code. A per acreage fee shall be paid for any portion of the P-D which is contained within the areas defined on the "Pacifica Drainage Master Plan—Watersheds".

(2)

The developer of an area classified P-D shall be responsible for the dedication of park and recreational lands in accordance with the requirements set forth for subdivisions in Article 8 of Chapter 1 of Title 10 of this Code.

(§ 4.163, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, § I, Ord. 1 10-C.S., eff. May 22, 1974, § 1, Ord. l56-C.S., eff. November 26, 1975, and § 1(A), (B), (C). and (D), Ord. 489-C.S., eff. October 14, 1987)

The Commission, after a public hearing, may recommend the establishment of a Planned Development District (P-D), and the Council, after a public hearing, by ordinance, may establish a P-D District provided they find that the facts presented at the hearings establish that:

(a)

The proposed P-D District can be substantially completed within the time schedule submitted by the applicant;

(b)

Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained;

(c)

The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts;

(d)

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and in- creased densities will not generate traffic in such amounts as to overload the street network outside the P- D District;

(e)

Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area;

(1)

Any exception from the standard district requirement is warranted by the design of the project and amenities incorporated in the development plan;

(g)

The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development, and the P-D District uses proposed are in conformance with the General Plan and, where applicable, the Local Coastal Plan, or that changes in the General Plan or Local Coastal Plan are justified;

(h)

The project is consistent with the City's adopted Design Guidelines; and

(i)

The project is consistent with the City's General Plan and, if applicable, Local Coastal Plan.

(§ 4.164, Ord. 363, as amended by § 2, Ord. 69-C.S,, eff. December 27, 1972, § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (B) and (F), Ord. 489-C.S., eff. October 14, 1987)

(a)

If, from the facts presented, the Commission or the Council is unable to make the necessary findings, the application to establish a P-D District shall be denied.

(b)

The Commission may recommend the disapproval of the development plan as submitted or may recommend the approval of such plan, subject to specified amendments and modifications. No amendment or modification to the development plan shall be recommended or made without the consent of the applicant. If the applicant does not agree to the suggested changes, the Commission shall recommend disapproval of the development plan.

(c)

The Commission shall not make a favorable recommendation to the Council, nor shall the Council adopt an ordinance classifying parcel P-D, without coincidently or previously having approved the development plan.

(d)

The approved development plan shall be adopted by ordinance and shall become a part of the zoning map, subject to the provisions of subsection (e) of this section, as provided in Section 9-4.302 of Article 3 of this

chapter. All modifications or amendments to the development plan shall be made in accordance with the procedures set forth for the amendment of this chapter. If, in the opinion of the Commission or the Council, the development in a P-D District is failing or has failed to meet the requirements of the development plan, or any part thereof, the Commission or Council may initiate proceedings to reclassify the property to another zoning district.

(e)

Development plans approved in accordance with the provisions of this article shall become null and void if a specific plan, or the first of multiphase specific plans, is notified with the Commission within one year after the effective date of the ordinance adopting the approved development plan. The provisions of this subsection shall be subject to reasonable extensions of such time upon a showing by the applicant of extraordinary or uncontrollable circumstances warranting such extensions.

(§ 4.165, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. l5-C.S., eff. November 26, 1975)

Prior to the issuance of a building permit in any parcel zoned P'-D or within a defined Hillside Preservation District, the owner or applicant shall submit the following:

(a)

A tentative subdivision map (when either parcelization of the property or a condominium project is proposed);

(b)

Proposed landscaping and irrigation plans;

(c)

Proposed engineering plans, including site grading, street improvements, drainage, and other public utilities, which plans, when approved by the Commission shall not be construed to mean that the plans will constitute the final improvement plans for the subdivision. The City Engineer, after detailed design studies, may require modifications and/or additional plans and specifications. Such additional requirements requested by the City Engineer after the design studies may be made without a public hearing if such additional requirements clearly follow the spirit and intent of the approved specific plan;

(d)

For proposed developments within the Hillside Preservation District, a proposed grading plan based on the following criteria:

(1)

The front boundary;

(2)

Streets;

(3)

Lots;

(4)

Storm drainage systems;

(5)

Existing and proposed contours;

(6)

Slope ratios for heavy grading;

(7)

The location of easements for drainage;

(8)

The location of benches on slopes;

(9)

Retaining walls; and

(10)

Cross-sections of critical slope areas;

(e)

Proposed building plans, including floor plans and exterior elevations indicating the materials, color schemes, and treatment of surfaces;

(f)

Proposed plans for recreational facilities;

(g)

Proposed parking plans;

(h)

Proposed plot plans, showing building locations on each lot, building setbacks, and lot dimensions;

(i)

Where applicable, as a result of findings on site conditions and detailed site planning, supplemental information or revisions to the environmental impact report prepared pursuant to the provisions of the State and City EIR guidelines; and

(j)

Other information as indicated on the prescribed form by the Planning Administrator.

(k)

A specific plan application shall be submitted concurrently with the development plan application. A specific plan application may be submitted subsequent to approval of the development plan if the Planning Commission finds that the later submittal will provide for the implementation of the development plan and is warranted in terms of the proposed development, or units thereof, in accordance with the regulations and limitations set forth in this article.

(l)

Exceptions. The provisions of this article shall not apply to the following types of development:

(i)

Accessory dwelling units and junior accessory dwelling units constructed in accordance with the provisions of Article 4.5 (Accessory Dwelling Units).

(§ 4.166, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (G) and (H), Ord. 489-C.S., eff. October 14, 1987; Ord. No. 769-C.S., § 7, eff. December 23, 2009; § 11, Ord. 825-C.S., eff. November 8, 2017; § 8, Ord. 854-C.S., eff. February 26, 2020)

The Commission shall approve a specific plan only upon making the following findings:

(a)

That the specific plan is consistent with the approved development plan; and

(b)

That the specific plan is consistent with the City's adopted Design Guidelines.

(§ I (L), Ord. 489-C.S., eff. October 14, 1987)

(a)

The Commission may approve, approve conditionally, or disapprove the specific plans as presented. No grading, subdivision, or development shall be permitted in the P-D District, or any unit thereof, until specific plans for such district, or unit thereof, have been approved or approved conditionally by the Commission.

(b)

Prior to taking action on the specific plans submitted, the Commission shall conduct a public hearing in accordance with the procedures set forth in Section 9-4.3303 of Article 33 of this chapter.

(c)

The owner or developer may submit specific plans for a portion or unit of the parcel zoned P-D provided the development plan indicated the intention of the development of such parcel by units and established a time schedule for such development.

(d)

Specific plans shall expire two (2) years after approval, unless extended or otherwise provided by the Commission.

(§ 4.167, Ord. 363, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (I), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § I (K), said Ord. 489-C.S.)

(a)

Regulations for the lot area, coverage, density, yard requirements, parking, building height, fences, and landscaping for the P-D District shall be as for the residential, commercial, or other zoning district most similar in nature and function to the proposed P-D District land uses, as determined by the Commission.

Such regulations may be modified, as provided in subsection (b) of this section, in the P-D District when the following conditions have been determined by the Commission to exist:

(1)

There is improved site design utilizing progressive concepts of building groupings;

(2)

Provisions have been made for substantial usable open space (maximum slope ten (10%) percent) for the use of the occupants of the area or the general public;

(3)

The unsightliness of cut and fill areas has been reduced by the planting of trees, shrubs, and ground covers;

(4)

A better community environment or improved public safety has been created by the dedication of public areas or space; and

(5)

Utility and all other service distribution lines will be put underground.

(b)

Upon making the findings set forth in subsection (a) of this section, the regulations set forth in said subsection (a) may be modified to the following limits:

(1)

For each square foot of reduction in lot size, equal amounts of land shall be dedicated to the City and be improved for open spaces for park, recreation, and related uses or be permanently set aside for the private recreational use of the development under a plan which will assure the City of the continued availability of such land and the development and maintenance thereof for the purpose proposed.

(2)

Front, side, and rear yards may be reduced to zero; provided, however, where single-family dwellings are proposed, and where no side yards are proposed (row houses), there shall be no more than five (5) dwelling units in any contiguous group. In such cases, the rear yard depths shall be twenty-five (25′) feet, except where the lot or lots abut a park or open space.

(3)

The reduction in public rights-of-way and/or the requirement for the installation of sidewalks may be made subject to the requirement of providing comparable open space as set forth in subsection (1) of this subsection.

(4)

The gross population density and building intensity of any area proposed for development shall remain unchanged and conform to the basic overall density and building intensity requirements of the zoning district most closely conforming to the proposed development, as determined by the Commission. However, lot dimensions, building setbacks, and areas shall not be required to meet the specific requirements of this chapter provided a more functional and desirable use of the property is made.

(5)

Height limitations may be removed, permitting highrise construction, provided such additional stories to dwelling structures shall not increase gross population densities, as set forth in the approved development plan, and such heights shall mean appropriate reduction in building coverage and adherence to the objectives set forth in this section and in Section 9-4.2252 of Article 22.5 of this chapter.

(§ 4.168, Ord. 363, as amended by § 2, Ord. 69-C.S., eff. December 27, 1972, and § 1, Ord. 156-C.S., eff. November 26, 1975, as renumbered by § I (K), Ord. 489-C.S., eff. October 14, 1987)

No grading or excavation permit shall be issued by the City for any location in the P-D District or Hillside Preservation District, unless the permit has the approval of the Planning Administrator and the City

Engineer who shall ensure that the issuance of the permit will not result in effects inconsistent with the purposes of this article or the defined Hillside Preservation District. The approval of such permits shall be contingent upon the following conditions:

(a)

The grading plan and work shall be directly related to an approved specific plan;

(b)

Any grading and excavation shall be necessary for the establishment or maintenance of an approved specific plan;

(c)

The design, scope, and location of the grading and excavation will cause minimum disturbance of the terrain and natural features of the land commensurate with the purpose of the grading and excavation work;

(d)

All persons performing any grading and excavation operation shall put into effect all necessary safety precautions to minimize erosion, protect any watercourse and other natural feature, protect the health and welfare of all persons, and protect private and public property from damage of any kind; and

(e)

The City shall place certain conditions on time limits and necessary site restoration, and shall undertake measures to assure the fulfillment of such conditions, for any grading and excavation work.

(§ 2, Ord. 69-C.S., eff. December 27, 1972, as amended by § 1, Ord. 156-C.S., eff. November 26, 1975, and § I (J), Ord. 489-C.S., eff. October 14, 1987, as renumbered by § I (K), said Ord. 489-C.S.)

It shall be unlawful and a violation of the provisions of this chapter for any person to construct, erect, alter, or modify any structure except in conformity with the approved specific plan. Minor amendments to approved specific plans (such as greenhouses and decks) may be approved by the Planning Administrator if the changes are consistent with the Design Guidelines as determined during the plan check process by the Administrator. Substantial amendments to specific plans shall be approved by the Commission; the process for application, public hearing, and findings shall be the same as for a new specific plan.

In cases where the details of the original specific plan are not available, all interior modifications, minor exterior alterations (such as window, door and deck modifications, architectural details, and exterior material changes) and any expansion of floor area of less than fifty (50%) percent, excluding the garage, may be approved administratively by the Administrator. All other modifications, including third-story additions, must be approved by the Commission as amendments to the specific plan.

Requests for modifications to buildings which are part of in any area with a homeowners' association shall be referred to as the homeowners' association for comment prior to submittal to the City. The applicant shall provide documentation to the City that such notice has been provided.

(§ 1, Ord. 554-C.S., eff. June 13, 1990, as amended by § IV (A), Ord. 613-C.S., eff. April 13, 1994)