Vista Municipal Code Ch. 18.22 PC Planned Community Overlay Zone

Sections:

18. 22. 010 Purpose of Provisions
19. 22. 020 Permitted Uses
20. 22. 030 Application Procedure
21. 22. 040 Open Space
22. 22. 050 Master Plan Requirements
23. 22. 060 Specific Plan Requirements
24. 22. 070 Development Program Requirements
25. 22. 080 Required Maps and Reports
26. 22. 090 Evaluation Criteria
27. 22. 100 Revising Adopted Master Plan Procedure
28. 22. 110 Revising Adopted Specific Plan Procedure
29. 22. 120 Revising Adopted Development Program Procedure
30. 22. 130 Revising Maps and Reports Procedure
31. 22. 140 Application Fees

Section 18. 22. 010 Purpose of Provisions

A. The purpose of this chapter is:
1. To provide a method that will promote the maximum in living benefits to

the public from balanced and diversified large- scale planned communities. 2. To aid in making provisions for: a. Desirable relationships between the types and amounts of proposed urban uses and the physical base of the area. b. Adequate movement of pedestrian and vehicular traffic. C. Identification of cost- revenue relationships for public utilities and facilities serving the area. d. Community facilities and services of adequate capacity and distribution. 3. To increase long- term security on behalf of the public and the applicant by encouraging communication between the applicant and the planning agency from the time the project is first conceived, and recognizing that provisions have to be made for maintaining future flexibility with respect to the content of adopted plans and programs. 4. To provide a means of logically linking the processes of planning and community development by: a. Evaluating the submitted plans for conformance with adopted programs and policies. b. Requiring specific categories of information relating to the proposed community that will enable the Planning Department to determine its impact on adjacent neighborhoods and on agencies and facilities that would have to provide services to the area. C. Requiring that community development take place in substantial conformance with adopted master and specific plans and development programs. B. Land in the planned community overlay zone may be used subject to the provisions of this chapter. Prior Code Appendix A 750)

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Section 18. 22. 020 Permitted Uses

The following uses are permitted in a planned community overlay zone: A. All uses designated on the approved master plan of the area within the overlay zone. B. Nonconforming uses may be continued pursuant to the provisions of Chapter 18. 58. C. The addition of any other uses shall not be permitted unless all of the following requirements have been met: 1. That a master plan, specific plan( s) and development program( s) be submitted and adopted subject to the procedure and requirements of this chapter; and 2. That a specific zone, other than the overlay zone, which permits or conditionally permits the proposed use, be adopted for the subject area and that this zone must be in conformance with the adopted specific plan( s) and development program( s). Prior Code Appendix A 751)

Section 18. 22. 030 Application Procedure

The procedures for applying the overlay zone and specific zones, and the procedures

for submitting master and specific plans, development programs and the related maps and reports are as follows: A. An applicant must submit an application for the planned community zone in accordance with the provisions of Chapter 18. 80; provided, that the application is accompanied by: 1. A master plan, as the term is used in Section 18. 22. 020 ( A), that meets the requirements of Section 18. 22. 050; 2. A development program that meets the requirements of Section 18. 22. 070; and 3. Maps and other reports that meet the requirements of Section 18. 22. 080. B. In accordance with the provisions of Chapter 18. 80, the Planning Commission shall hear the application for the planned community zone; and, if recommending or denying adoption thereof, shall forward the application with an appropriate recommendation in the form of a resolution to the City Council. C. The Planning Commission shall consider simultaneously with the application for the planned community zone: 1. The master plan. 2. The corresponding development program, and the related maps and reports. D. The items mentioned in Subsection C of this section shall be forwarded with the appropriate resolution to the City Council.

E. Land included in the planned community overlay zone shall be designated on the

official zoning map of the city with the symbol "( PC)" following the basic underlying zone district designation. Before the symbol ( PC) is applied to the zone map, a public hearing shall be conducted in accordance with the provisions of Chapter 18. 80. F. In any zoning district where the zone classification symbol is followed by parenthetically enclosed letters ( PC), such as R- 1 ( PC), the additional requirements, limitations and standards contained in this chapter shall apply. The ( PC) district symbol may be combined with any zone districts. G. Provided the planned community zone is adopted by the City Council, the applicant may submit an application for specific zones in accordance with the provisions of Chapter 18.80; provided, that the application is accompanied by:

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1. A specific plan that meets the requirements of Section 18. 22. 060.
   2. A development program that meets the requirements of Section 18. 22. 070.
   3. Reports that meet the requirements of Section 18. 22. 080.
   shall hear the application for specific zones H. The Planning Commission

simultaneously with the specific plan and the development program, and if recommending or denying adoption thereof, shall forward the specific zones, the specific plan and development program with the appropriate resolution to the City Council. I. Provided the specific plan and specific zones are adopted by the City Council, the official zoning maps shall be amended as of the effective date of the adopting ordinance to indicate that the adopted specific zones, as well as the previously adopted planned community zone, apply to the subject property. J. Applications for tentative tract maps and planned development permits may be submitted with the application for specific zones in accordance with the provisions of this chapter; provided, that these applications are: 1. Conditioned upon the adoption of such specific zones by the City Council. 2. Accompanied by a statement from the applicant wherein he agrees to procedures in this section. Prior code Appendix A 752)

Section 18. 22. 040 Open Space

In a PC zone, open space requirements are as follows: A. Required open space shall comprise at least 40 percent of the net land area of the planned community zone, exclusive of commercially or industrially developed land. For the purpose of open space computation, " net land area" means the area to be developed exclusive of rights-of-way for street and highway purposes, whether public or private. 1. Land occupied by buildings, streets, covered areas ( including patios), parking spaces ( exclusive of parking for recreational facilities) or that land which has a slope of 40 percent or more, subject to approval of Planning Commission, may not be counted as satisfying this open space requirement; however, land occupied by recreational facilities, buildings, structures or appurtenances may be counted as required open space. B. All required open space where natural grade is disturbed, shall be suitably improved for its intended purposes and 25 percent of all open space shall be devoted to common uses for residents and guests of the planned community. C. The remaining open space may be improved or may be left in its natural state, particularly if natural features worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard. Areas devoted to natural flood- control channels and those areas encumbered by floodway or drainage easements may be applied toward satisfying this portion of the total open space requirement. D. If development is to be accomplished in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures, improvements and streets in such open space and the construction of dwelling units in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development. E. Areas permanently reserved for common open space shall be reserved for the use and enjoyment of the residents in a manner which makes the City or a public district or public agency a part to and entitled to enforce the reservation. The City Planning Commission may require that open space easements over the required open space be conveyed to the City. This section in no way is intended to imply City maintenance of such open spaces. Prior Code Appendix A 753)

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Section 18. 22. 050 Master Plan Requirements

For a PC zone, the master plan submitted shall: A. Include the entire area that is intended to be a part of the planned community. B. Have identified for each and every area the proposed general categories of land uses, including densities, improved and natural open areas. C. Have identified the circulation system, including prime arterial, collector streets or the two classes of highest capacity roads used or proposed. D. Have the topics in this section and the subsections thereof placed over a recent topographic base map( s) of such a scale that approximate measurements can be made therefrom in order that the intent of the proposal can be reasonably determined. Prior Code Appendix A 754)

Section 18. 22. 060 Specific Plan Requirements

For a PC zone, the specific plan submitted shall:
A. Include the entire area that the applicant proposed to be developed as one

section within a five- year period before proceeding to develop other sections, unless provision for multi- section development is made in the development program previously adopted with the master plan; B. Have identified for each and every area the proposed specific categories of: 1. Land uses. 2. All land use densities. 3. Improved and natural open spaces. 4. The circulation system, including prime arterial, collector and local streets used or proposed. 5. Any bicycle paths, pedestrian or equestrian systems proposed that are not included in adopted city road standards. C. Have the topics set out in Subsection B of this section placed over a recent topographic base map( s) of such a scale that approximate measurements can be made therefrom in order that the intent of the proposal can be reasonably determined. Prior Code Appendix A 755)

Section 18. 22. 070 Development Program Requirements

A development program shall list in the order of expected development, in tabular

form, those categories of items in that master plan or specific plan to be constructed by the applicant, other private developers and public agencies. Prior Code Appendix A 756)

Section 18. 22. 080 Required Maps and Reports

In order that the Planning Commission and City Council be advised of the: A. Environmental impact of the proposed development on adjacent communities and those agencies that would have to provide services to the area, the environmental impact includes, but is not limited to, economic impact; of the proposed development to adopted plans, policies and B. Relationship ordinances; and C. Alternative means of control of the design and improvement of the area, the following is required to be submitted at the time of application for planned community zoning: 1. For master plan area: a. Maps that have delineated areas of: slopes expressed in

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categories of percent that can be used in evaluating the relationship of the proposed plan to its site; areas subject to flooding; areas of topography that have moderate and high fire hazards; geological conditions; and high water table. b. Reports that describe the existing systems, community facilities and services and include: vehicular circulation system; sewer and water system; flood control system; community facilities, i. e., schools, parks and recreation, open space, library and community centers; and community services, i. e., police protection, fire protection, fire suppression, physical and mental health, welfare and probation, and a preliminary soil investigation report which delineates soils in the PC zone as categorized by a registered engineer as suitable or unsuitable for urban development purposes. i. The reports for the systems, community facilities and services mentioned in subdivision ( 1) ( b) of this subsection shall state: A) The name of the responsible agency. B) Present capacity of the system. C) Present amount of demand or use of the system, programmed additions of capacity. D) Anticipated load resulting from the proposed development. ii. The following reports shall be furnished by the developer, in conjunction with the specific plan, as set forth in Section 18. 22. 060, no less than 30 days prior to the date on which public hearings are to be held: A) Reports that describe the proposed systems, community facilities and services to be constructed by the developer, as well as economic justification for proposed commercial development, B) The reports for the systems, community facilities and services mentioned in subparagraph ( ii) ( A) shall state: 1) The name of the agency that will assume responsibility. 2) Proposed capacity of the system. 3) The projected demand that is anticipated at the completion of the entire development. C) Reports that describe the total number of dwelling units and the percent of proposed dwelling units that are within each residential density. D) Reports that describe the cost- revenue relationship for existing and proposed public utilities, i. e., sewer and water, community facilities and services and special districts. E) A detailed soil report compiled by a registered soil engineer. F) A tentative subdivision map of the property as well as a final subdivision map which shall be subject to approval prior to beginning construction. iii. For each of the categories of maps and reports mentioned in this section and all subsections thereof, there shall be included a narrative statement of the relative importance of the proposed developments and the basis upon which the overall planned decisions have been predicated. iv. Any of the maps or reports that are required to be submitted under the provisions of this section, or the subsections thereof, may be waived or the required content reduced in the event such reports would result in a duplication, repetition, redundancy or superfluity, in view of existing adequate capacity and close proximity of urban services and facilities. Prior Code Appendix A 757)

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Section 18. 22. 090 Evaluation Criteria

A. The content of the master plan, specific plan, development programs and the

related maps and reports shall be evaluated for: 1. Conformance with adopted General Plans, programs, policies and ordinances, open space and Environmental Quality Act of 1970, and amendments thereto. 2. Ability of the development to promote a community for the best interests of the residents by making provision for: a. Relationships between the types and amounts of proposed urban uses and the physical base of the site and adjacent areas. - b. Adequate movement of pedestrian and vehicular traffic. C. Identification of cost- revenue relationships for public utilities and facilities serving the area. d. Community facilities and services of adequate capacity and distribution. e. A broad range of household economic structures. f. Adequate open space for the use of residents and guests. B. The content of the specific plan( s) shall also be evaluated for conformance with the proposed or adopted master plan. Prior Code Appendix A 758)

Section 18. 22. 100 Revising Adopted Master Plan Procedure

A. The applicant may submit to the Planning Commission an application for a revision of the adopted master plan; provided, that: 1. Application is made on forms adopted by the Planning Commission. 2. A revised master plan is submitted that meets the requirements of Section 18. 22. 050. 3. Revisions to the development program and the related maps and reports for the revised master plan shall be submitted or, if applicable, the applicant shall submit a signed statement to the effect that the proposed revision in the master plan is of such a nature that the previously adopted development program and the related maps and reports meet the requirements of Sections 18. 22. 070 and 18. 22. 080. B. The provisions contained in Chapter 18. 80 shall be used in processing and hearing applications for revisions to an adopted master plan. C. Provided it is determined by the Planning Commission that the proposed revision to the master plan would significantly conflict with development proposals for an area included within an adopted specific plan, that adopted specific plan shall be submitted for revision before the proposed revised master plan is heard. Prior Code Appendix A 759)

Section 18. 22. 110 Revising Adopted Specific Plan Procedure

A. Any application for a revision of the adopted specific plan( s) shall be submitted

to the Planning Commission as follows: 1. Application is made on forms adopted by the Planning Commission. 2. A revised specific plan is submitted that meets the requirements of Section 18. 22. 060. 3. Revisions to the development program and the related maps and reports for the revised specific plan area shall be submitted, or, if applicable, the applicant shall submit a signed statement to the effect that the proposed revision in the specific plan is

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of such a nature that the previously adopted development program and the related maps and reports meet the intent of Sections 18. 22. 070 and 18. 22. 080. 4. Provided the revised specific plan would require a change of zone classification or zone boundaries, an application for a change of zone shall be submitted simultaneously therewith. B. The provisions contained in Chapter 18. 80 shall be used in processing and hearing applications for revision to an adopted specific plan. Prior Code Appendix A 760)

Section 18. 22. 120 Revising Adopted Development Program Procedure

A. An applicant may submit to the Planning Commission an application for a revision of the adopted development program( s) provided that: 1. Application is made on forms adopted by the Planning Commission. 2. A revised development program( s) is submitted that meets the requirements of Section 18. 22. 070.

B. The provisions contained in Chapter 18. 80 shall be used in processing and

hearing applications for revisions to adopted development program( s). Prior Code Appendix A 761)

Section 18. 22. 130 Revising Maps and Reports Procedure

A. An applicant may submit to the Planning Commission an application for a

revision of maps and reports; provided that: 1. Application is made on forms adopted by the Planning Commission. 2. Revised maps and reports submitted that meet the requirements of Section 18. 22. 080. B. The provisions contained in Chapter 18. 80 shall be used in processing and hearing applications for revisions to maps and reports. Prior Code Appendix A 762)

Section 18. 22. 140 Application Fees

Reasonable fees shall be established by a resolution of the City Council, and amended

from time to time as deemed necessary by such City Council, for the processing of applications made pursuant to the provisions of this title. Prior Code Appendix A 763)

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Chapter 18. 24

PRD Planned Residential Development Overlay Zone

Sections:

18. 24. 010 Findings
19. 24. 020 Purpose of Provisions
20. 24. 030 Definitions
21. 24. 040 Zone Established
22. 24. 050 Application of Zone
23. 24. 060 Density Establishment and Determination
24. 24. 070 Permitted Uses
25. 24. 080 Development Standards
26. 24. 090 Common Open Areas and Recreational Facilities
27. 24. 100 Application Procedure
28. 24. 110 Hearing Procedure
29. 24. 120 Deviations from Development Standards
30. 24. 130 Modification Conditions
31. 24. 140 Validity of Permit
32. 24. 150 Extension of Time for Permit

Section 18. 24. 010 Findings

It is found that: A. There are land areas within the city which possess one or more unique characteristics and features of a scenic, geographical, geological or topographical nature and the basic character of same should be preserved and enhanced. B. Large portions of the city are composed of steep hillside slopes and should be preserved, but present difficult design problems. C. The encouragement of more imaginative and innovative design of residential developments for such areas than is generally feasible under conventional zoning regulations is in the best interests of the public health, safety and general welfare. D. The encouragement of more economical and efficient use of land while providing a harmonious variety of housing choices, a higher level of amenities, and preservation of natural and scenic qualities of open spaces is in the best interests of the public health, safety and general welfare. Prior Code Appendix A 775)

Section 18. 24. 020 Purpose of Provisions

The purpose of this chapter is:
A. To encourage imaginative and innovative planning of residential developments

as a unit offering a wide variety of dwelling unit types and site arrangements well integrated with open space and recreational areas. B. To permit greater flexibility and design of residential neighborhoods than is feasible under the strict application of conventional zoning and subdivision regulations. C. To provide for methods and patterns of residential development that will promote the public interest in the retention of the unique characteristics of the land areas within the city. D. To enhance the quality of residential development and reduce developmental and design problems in hillside areas in order to assist in preservation of areas of natural scenic

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encouragement of integrated planning, design and unified control ofbeauty through

development. Prior Code Appendix A 776)

Section 18. 24. 030 Definitions

For purposes of this chapter, the following terms and phrases have the meanings ascribed to them in this section, unless the context clearly indicates to the contrary: Planned residential development" or " PRD" means a residential development improved in accordance with an overall project plan and is characterized by the following: 1. The density regulations are applied to the total area of the PRD rather than separately to individual lots of building sites. 2. The right to use and enjoy any privately owned common open areas and recreational facilities provided on the site of the PRD is coupled with ownership of the dwelling units, and such ownership may be of lots or condominiums or both. 3. A PRD may include accessory or recreational facilities limited in size and capacity to the needs of the occupants of the PRD and their guests. Planned residential development permit" is a permit issuable by the City for construction or erection of buildings and structures on and improvements of property located in the PRD zone pursuant to the provisions of this chapter. Planned residential development zone" is an overlay zone in which a PRD is a permitted use. Prior Code Appendix A 777)

Section 18. 24. 040 Zone Established

There is established, applicable within the city, a class of zone to be known as the

planned residential development overlay zone, or the PRD zone, which such zone shall be an overlay zone. Prior Code Appendix A 778)

Section 18. 24. 050 Application of Zone

A. Land shall be classified or reclassified as being in the PRD zone pursuant to an amendment to the zoning ordinance adopted and codified in this title pursuant to the provisions of Chapter 18. 80; provided, however, that in order to so classify or reclassify any land as being in the PRD zone, the following findings, based on substantial evidence, must be made by the City Council with respect to such land: 1. That the land proposed to be so classified or reclassified is no less than two acres in size. 2. That the land proposed to be so classified or reclassified has unique and valuable natural scenic and environmental features such as pronounced land forms, ridgelines, barrancas, canyons or slopes which will be better preserved and enhanced by integrated planning and design as a unit pursuant to a PRD permit than under conventional zoning regulations. 3. That the land proposed to be so classified or reclassified has features which are compatible with clustering or other nonstandard development. 4. That the classification or reclassification is not in conflict with any applicable element of the General Plan or any specific plan. B. Land included in the PRD zone shall be designated on the official zoning map of the City with the symbol PRD-( suffix) following each respective underlying zone district

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designation of such land. The suffix to be inserted shall be determined in accordance with the provisions of Section 18. 24. 060. Prior Code Appendix A 779)

Section 18. 24. 060 Density Establishment and Determination

A. At the time of classifying or reclassifying land as being in the PRD zone, the ordinance affecting same shall designate a whole number suffix to the PRD designation from 1 through 29, i. e. PRD- 2, PRD- 10, PRD- 21, and such suffix shall indicate the number of dwelling units permitted to be constructed thereon per gross acre of such land so classified or reclassified pursuant to this chapter. The Planning Commission may recommend and the City Council may designate a PRD zone with a suffix equal to or less than, with the concurrence of the applicant, the maximum number allowed by Subsection B of this section, but in no case shall a PRD zone be recommended or designated with a suffix greater than the maximum number allowed by subsection B of this section. B. The maximum number of dwelling units per gross acre of the land proposed to be so classified or reclassified shall depend on the average natural slope of the land and the maximum density indicated therefore by the land use element of the General Plan and shall be determined by the formula: 1- 1. 714 . 0000229 1 C) D = A L D = Maximum number of dwelling units per gross acre ( rounded to the nearest whole number). L = The minimum land area, in acres, for each dwelling unit as shown on the land use element of the General Plan. I = Map contour interval, in feet. C = Sum of length of map contour lines, in feet. A = Land area, in acres, exclusive of all areas having natural slope of 50 percent or greater. C. Calculations shall be based on an accurate topographical survey using a map contour interval of not more than ten feet and a horizontal scale of one inch equals 100 feet or larger, and such maps and calculations shall be certified as to their accuracy by a registered civil engineer or licensed land surveyor. Such determination is illustrated by Figure 1, attached to the ordinance codified in this title, on file and available for inspection in the office of the City Clerk. D. For purposes of calculating the actual number of dwelling units, pursuant to a PRD permit, permitted on land classified or reclassified as in the PRD zone, the gross acreage of the land shall be deemed to be the entire land area within the boundaries of the land designated PRD, including land area required for local streets and streets and highways shown on the circulation element of the General Plan, but excluding any public streets existing on the land at the time of classification or reclassification. Prior Code Appendix A 780)

Section 18. 24. 070 Permitted Uses

In the PRD zone, the following uses are permitted: A. Residential housing in a group or groups of dwelling units, attached or detached, one-including, but not limited to, one- family detached dwellings, family townhouses, condominiums, and multiple- family dwellings, which are served by a common open area owned

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maintained and designed for the use of residents of such group or dwelling units; provided, that a PRD having a density suffix of three or less shall be limited to one- family detached dwellings. B. Parks, playgrounds, riding and hiking trails, stables and riding rings, and other similar private recreational buildings, structures and facilities, clubhouses, community centers and similar uses; provided, that all such uses are designed for and limited to use by residents of the PRD and their guests. C. Housing and maintaining horses in a private stable on any lot or building site in the PRD- 1 or PRD- 2 zone. D. Animal raising projects if a special use permit is obtained in accordance with the provisions of this title, provided such special use permit may be issued only for a lot or building site in the PRD- 1 or PRD- 2 zone which is not less than one acre in size and contains not more than one one-family dwelling; E. The following agricultural and horticultural uses on lots greater than one- half acre or within common open spacein size containing not more than one one- family dwelling, designated for such use in the PRD permit, excluding therefrom retail sales upon such lots or open space: 1. Agricultural crops 2. Fruit trees, nut trees, vines and flowers and vegetable gardens 3. Greenhouses and nurseries 4. Production of trees, shrubs, vines and other horticultural stock F. Uses, buildings and structures incidental to and customarily accessory to permitted uses, including uses specified in subsection E of this section, to the extent normally appropriate for landscaping, or for the pleasure and enjoyment of the residents for which the use is intended. Prior Code Appendix A 781)

Section 18. 24.080 Development Standards

The following criteria shall govern the design of a planned residential development: A. Setbacks and Spacing of Buildings. 1. A setback of at least 50 feet from the street centerline shall be maintained by all buildings and structures from any street, public or private, except as hereinafter provided, and except walls and fences along any exterior subdivision boundary of the development; provided, however, that when such street has a right-of-way width greater than 60 feet, a setback of 20 feet from the right- of-way of such street shall be maintained. The setback along any interior or rear property line shall be no less than ten feet. 2. No building, except as hereafter provided, shall be located closer than five feet from any interior vehicular or pedestrian way, court, plaza, open parking facility or any other surfaced area reserved for public use or for use in common by residents of the PRD. Such setback shall be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement. 3. Garages and carports shall be set back as set forth by the terms of the PRD permit; provided, however, that no such structure shall be located closer than ten feet from the nearest edge of any public or private street right-of-way or easement line. 4. Spacing between detached buildings and structures shall be at least ten feet. Groups of dwelling units such as townhouses are permitted to abut one another, provided the horizontal dimension of any building group shall not exceed 150 continuous feet. B. Parking Requirements. 1. There shall be provided a two- car, covered and enclosed garage for each dwelling unit. The assigned garage space shall be located within a walking distance of 100 feet

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from the dwelling unit served by such garage. 2. In addition to the garage required by subsection ( B) ( 1) of this section, there shall be provided open parking spaces in the amount of five-tenths for each one- bedroom dwelling unit, one for each two- bedroom dwelling unit, and one and five- tenths for each three- bedroom and larger dwelling unit. 3. Recreational vehicle parking shall be provided as set forth in Note E of Section 18. 54. 050. 4. The parking requirements set forth in this chapter may be modified by the terms of the PRD permit if such modification will not result in on- street parking, traffic circulation conflicts, or a grant or privilege not enjoyed by properties in the same zone having similar circumstances. C. Building Site Requirements. For purposes of complying with the provisions of this section, each dwelling unit shown on the site development plan shall constitute a building site or lot as defined in the zoning title. D. Lot Area. No minimum lot area is required. E. Lot Width and Depth. No minimum lot width and depth are required. F. Access. Each residential lot or building site in the PRD need not abut a street, provided the ownership of any residential lot not so abutting shall include a recorded right of access from a street capable of providing pedestrian, emergency and service vehicle travel. G. Repealed. H. Open Space Requirements. 1. At least 40 percent of the gross land area of any PRD shall be maintained as open space and land occupied by buildings, streets, driveways, parking areas, service areas or recreational buildings shall not be included in satisfaction of this open space requirement. 2. At least one- half of the required open space shall have an overall finish slope not to exceed ten percent. If 60 percent or more of the gross land area included in the application for a PRD permit has an existing average natural slope greater than ten percent, the overall finish slope requirement set forth in this subdivision may be modified by the terms of the PRD permit to require only 25 percent of the required open space to not exceed a ten percent slope, provided the intent and spirit of the zoning title are not violated. 3. Open space shall have such landscaping as is approved by the terms of the PRD permit. Areas devoted to natural or improved flood control channels and those areas encumbered by flowage, floodway or drainage easements may be applied in satisfaction of the total open space requirement. I. Phased Development. If development is to be accomplished in phases, the application for the PRD permit shall so indicate by phase lines and a construction schedule. Such schedule shall coordinate the construction of buildings, structures and improvements in such open space with the construction of dwelling units in order that each development phase achieves a proportionate share of the total open space and environmental quality of the total planned development. The phase lines shall be as shown on the tentative subdivision map to be filed with the application, and the construction schedule shall require the completion of all requirements within each phase as shown and such other requirements beyond the phase lines as are required by each department or agency having authority over any part of the project for that phase. If the PRD permit expires, all phases not completed shall be deemed to be annexed to any existing homeowners' association as open space, and such annexation shall be provided for in the conditions, covenants and restrictions required by Section 18. 24. 090. J. Grading Requirements. A PRD shall have a minimum of grading and earth movement. If grading is found to be necessary to improve the overall development of the site, the following special requirements shall be applicable in addition to the other grading requirements set forth in this code:

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1. Alterations of streambeds or natural watercourses should be permitted

only as a means of preserving the natural scenic quality of the surrounding vegetation and wildlife habitat. 2. Restoration of contours, altered by grading, to create a natural appearance by means of land sculpturing which conforms with the slope of existing topography shall be required if necessary for preservation of unique and valuable land forms. 3. Existing major predominate ridgeline profiles shall be retained. 4. In order to control and minimize erosion and maintain visual harmony in the area, manufactured cut or fill slopes shall be planted with plant materials native or compatible to the general area. Plant materials shall be used which will minimize fire potential, protect slopes from soil erosion and slippage, minimize visual effects of grading and construction, and soften the impact of manufactured edges. 5. The top and toe of any manufactured cut or fill slope and the point at which any excavation joins existing undisturbed soil shall be rounded. 6. Manufactured slopes shall be contoured in a manner so as to maintain the natural undulating appearance of the existing topography. 7. The slope for any cut or fill bank resulting from grading shall not be less than two feet horizontal for each one foot vertical, except as may be approved by the terms of the PRD permit. K. Utility Undergrounding Requirement. All new and existing utility distribution facilities, including cable television lines, within the boundaries of any PRD or within any half street abutting a PRD shall be placed underground. The owner is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. The provisions of this section shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34, 500 volts and long distance and trunk communication facilities. The installation of cable television lines may be waived when no licensed cable television operator is found to be willing and able to install cable television lines in the PRD. L. Paving Standards. The design and construction of all parking areas, including access ways thereto, serving multiple- family projects ( three or more dwelling units) and all commercial or industrial facilities, or any other facility held open for public use, shall be paved. Such paving standards shall be based upon a Traffic Index ( T. I.) of four and five- tenths and the applicable " R" value of the soil( s) at the project site as determined by a registered soils engineer. Specific modification( s) of this standard may be made or approved by the Director of such modification( s). This standardPublic Works where sound engineering practices may justify shall be applicable to all new projects and existing parking areas subject to resurfacing or repair of the parking area surface, where the original surface has broken up or is subject to removal and replacement, for which a building, grading or any other construction permit is issued after the effective date of the amendment to the ordinance codified in this title. Prior Code Appendix A 782; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 18. 24. 090 Common Open Areas and Recreational Facilities

A. If an applicant for a PRD permit proposes to provide common open space and

recreational facilities to be used by the occupants of two or more dwelling units, he shall so state in his application and the application shall include a plan, acceptable to the City, for the preservation and maintenance of the common areas of the property until such plan is terminated with the approval of the City. Guarantee of performance of such plan shall be provided by a

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Vista Municipal Code

recordable instrument setting forth covenants, conditions and restrictions which run with the land in favor of and binding upon the owners and future owners of the property, obligating them to ensure recreational facilities shall be maintained in an attractive and safe manner suitable to the full enjoyment of such common open spaces and recreational areas and improvements constructed thereon, and restricting use of same to the residents of the PRD in common. B. The terms of all such recorded instruments shall inure to the benefit of the City and shall make such owners and future owners jointly and severally liable to the City for the expenses of such maintenance upon their failure to so maintain such common open space and recreational facilities. Prior Code Appendix A 783)

Section 18. 24. 100 Application Procedure

Application for a PRD permit shall be filed with the secretary of the Planning Commission in accordance with the procedures set forth in this section: A. The PRD permit application must be for land which is classified in the PRD zone, is owned by or under the control of a person or corporation proposing such residential development, and shall state fully the circumstances and conditions relied upon as grounds for the application, shall be accompanied by adequate plans, a legal description of the property involved, and explanation and description of proposed use, and a site development plan meeting the requirements of Chapter 18. 64. B. The application shall be accompanied by a fee in the amount of $ 100 over and above any and all other fees payable pursuant to City ordinances and resolutions. C. The application shall be accompanied by a tentative subdivision map, which shall be filed in accordance with the provisions of Title 17 of this code, as amended. D. The following exhibits shall accompany an application for PRD permit:

1. Topographical maps of existing terrain drawn to a minimum five- foot

contour. 2. A grading plan which indicates existing topography and proposed earth movement, finish grade elevations, proposed cut- and- fill slopes, necessary cross- sections, and the extent and method of drainage control. 3. A map indicating existing and proposed utility systems and services which includes, but is not limited to, sewage, water, gas, drainage, television reception, communication and electrical systems capable of serving the entire PRD. 4. A fully dimensioned site plan drawn to scale clearly showing all property lines, existing and proposed buildings, structures, streets, sidewalks, walls, fences, driveways, parking areas and design, guest parking, recreational vehicle storage, patios, recreational area, lighting provisions, trash facilities, and other information necessary for plan review. 5. A detailed landscaping plan showing the size, location and type of landscaping proposed, the irrigation facilities and method of maintenance thereof. 6. A plan showing all existing and proposed physical features such as fire hydrants, utilities, utility box location, floodlights, drain facilities, recreation facilities and natural features that are to be maintained or removed, along with a statement setting forth the method by which these features shall be preserved or maintained. 7. Elevations of each building, structure or groups of buildings shown on all sides. 8. A full- color rendering which shows the general character of architecture and reasonably depicts the typical design layout. A colored photo ( minimum size eight inches by ten inches) may be substituted for the original.

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9. The amount of improved and unimproved open space in number of net

square feet as required pursuant to this chapter shall be computed and submitted. 10. Street cross- section details and approximate curb radii, including public and private streets. 11. All maps, plans and diagrams shall include reproducibles, except for the required colored renderings. Where possible, all exhibits may be combined and shall become the property of the City. 12. All drawings shall be on 24- inch by 36- six-inch sheets. 13. Each map, except elevations, shall be drawn to an engineer' s scale of no smaller than one inch equals 50 feet and no larger than one inch equals ten feet. 14. All sheets shall have a border one inch from the side and within the border shall state, " PRD Permit No. sheet of sheets 15. If more than one sheet for any exhibit is necessary, an index sheet shall be used showing the relationship of each sheet. 16. A cover sheet shall be submitted, which shall state the following: a. Name, address and telephone number of owner. b. Name, address and telephone number of applicant. C. List of contents. d. Name, address and telephone number and qualifications of

preparer of each exhibit. e. Title of project. Prior Code Appendix A 784)

Section 18. 24. 110 Hearing Procedure

A. Upon completion of the application, the hearing shall be set for the PRD permit combined with the tentative subdivision map. All noticing, hearing procedure and appeals shall be as set forth in Title 17 of this code for tentative maps. B. In addition to the findings for the tentative map the following findings shall be made for the PRD permit: 1. That the proposed use at the particular location will provide a service or facility which will contribute to the general well- being of the neighborhood or the City. 2. That such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 3. That there is compliance with all requirements of this chapter. 4. That the granting of such permit is consistent with and will not adversely affect the General Plan or any adopted plan of any other governmental agency. 5. That adverse environmental impacts resulting from implementation of the PRD will be reasonably mitigated so that the overall benefit to be gained by approval is greater than the environmental detriment. 6. That necessary public facilities and services are existing or will be provided to serve the PRD, including schools, sewers, water service, drainage facilities, parks, recreational facilities and public streets. 7. That the proposed PRD is a substantial environmental improvement over that which would ordinarily be allowed under conventional zoning approaches. 8. That the traffic circulation and control is found adequate to provide for the PRD and will allow for a level of fire suppression and police surveillance equal to or better than

conventional zoning. Prior Code Appendix A 785)

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Section 18. 24. 120 Deviations from Development Standards

Deviations from any of the development criteria set forth in Section 18. 24. 080, except the requirements for open space, may be granted by the City Council, if, after considering all the evidence, it is determined and reflected by written findings contained in the resolution granting the PRD permit, that all the following facts exist: A. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements deprive such property of privileges enjoyed by other properties in the vicinity under identical zone classification. B. Any deviation granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which property is situated. C. That the granting of the deviation does not adversely affect the physical environment or surrounding properties. D. That the granting of the deviation does not adversely affect the General Plan. Prior Code Appendix A 789)

Section 18. 24. 130 Modification Conditions

A request for modification of any dimension shown on the approved PRD permit and any

site development plan approved thereby may be submitted to and approved by the Director of Planning, provided such modification shall not exceed 25 percent of any one dimension and; provided further, however, that in no case shall a required front yard, side yard, rear yard, or specified distance between structures be reduced below the minimum requirement specified in this chapter. Prior Code Appendix A 789)

Section 18. 24. 140 Validity of Permit

A PRD permit granted by the City shall be valid for the life of the tentative map, and the

effective date thereof. Failure to record a final map in conformance with the tentative subdivision map and PRD permit within the time allowed by the subdivision ordinance shall void the PRD permit and tentative subdivision map, unless an extension of time has been granted pursuant to the subdivision ordinance. Prior Code Appendix A 790)

Section 18. 24. 150 Extension of Time for Permit

The Director of Planning may grant an extension of time for a PRD permit as part of the

grant of an extension of time for the concurring approved tentative subdivision map subject to the rules and regulations of such extension. Prior Code Appendix A 792)

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Chapter 18. 26

FP Floodplain Overlay Zone

Sections:

18. 26. 010 Purpose
19. 26. 020 Definitions
20. 26. 030 Application of the Article
21. 26. 040 Permitted Uses
22. 26. 050 Restrictions
23. 26. 060 Certification

Section 18. 26. 010 Purpose Prior Code Appendix A 793; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

Section 18. 26. 020 Definitions Prior Code Appendix A 794; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

Section 18. 26. 030 Application of the Article Prior Code Appendix A 795; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

Section 18. 26. 040 Permitted Uses Prior Code Appendix A 796; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

Section 18. 26. 050 Restrictions Prior Code Appendix A 797; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

Section 18. 26. 060 Certification Prior Code Appendix A 798; Ord. No. 97- 15, Repealed and Replaced, 11/ 7/ 97)

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Chapter 18.28

R-1 Residence Zone