It is the purpose of the PUD district to ensure comprehensively planned development of large parcels that are intended primarily for residential use but would also be appropriate for recreation, limited commercial uses, and open space. The intent of this district is to:

1.

Promote flexibility and innovative design of residential development to provide efficient use of space and to preserve significant natural, scenic, and cultural features of a site;

2.

Encourage clustering of structures to preserve a maximum amount of contiguous open space; to this end, the intent is to promote multiple residential development rather than single-family subdivisions and to locate such development on a small portion of the parcel;

3.

Allow for a diversity of housing types;

4.

Provide recreational opportunities for the residents of the site and the public.

(Ord. 315 § 1 (part), 1981)

All applications for a zone change to permit the establishment of the PUD district shall be accompanied by a development plan, as provided in Chapter 14.68. Any property to be zoned or rezoned to the planned unit development district shall be subject to the following requirements:

1.

The project area to be so zoned or rezoned shall be of the type and character which is appropriate for a planned unit development in accordance with the purpose and intent of the PUD district.

2.

The property to be zoned or rezoned shall be located within the designated urban area as shown on the coastal land use plan map.

3.

The project area to be zoned or rezoned shall contain not less than ten acres or shall be contiguous with an area zoned PUD, in which case the properties together shall contain not less than ten acres. The entire project area shall be included in the development plan.

4.

The overall estimated population density which will result from the planned unit development in accordance with the approved development plan shall be appropriate for such area and shall not have a detrimental effect upon surrounding areas nor create undue burdens upon service and utility facilities in such surrounding areas.

5.

The proposed development as shown by the development plan shall not tend to create hazardous or unsightly conditions in any hillside areas and, among other things, shall not create fire hazards, excessive cut or fill slopes, dangers from subsidence or slippage of earth, or flood hazards.

(Ord. 315 § 1 (part), 1981)

The following processes shall govern development of such units in the PUD district, in accordance with Chapter 14.72 (Accessory dwelling units and junior accessory dwelling units):

1.

Accessory dwelling units, outside the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit.

2.

Accessory dwelling units, within the coastal zone appeals jurisdiction, shall be subject to approval of an administrative coastal development permit, appealable to the California Coastal Commission as provided in Chapter 14.78 (Appeals).

3.

Junior accessory dwelling units shall be subject to issuance of a building permit.

(Ord. 758, § 4, 1-23-2023)

1.

Prior to the issuance of any permit for development on property to be zoned or rezoned to the PUD, a development plan shall be submitted, processed, and approved, as provided in Chapter 14.68. In addition to the application submittal requirements of Chapter 14.68, the following information shall be required as part of the development plan:

a.

Relationship of the project to surrounding land uses;

b.

A copy of the proposed conditions, covenants and restrictions (CC&R's) including provisions for maintenance of open space, facilities, and services on the project site.

The planning commission shall consider the development plan and shall recommend approval, conditional approval, or denial to the city council. The city council shall then consider the development plan and approve, conditionally approve, or deny the development plan.

2.

Subdivisions. Any development plan involving a subdivision shall be accompanied by a subdivision (tentative tract map) application and the two shall be processed concurrently. Approval of the subdivision shall be subject to approval of the development plan. No building permit shall be issued for the development plan until the final tract map has been recorded.

3.

Specific Plans. For those areas subject to the specific plan overlay, such specific plan shall be filed and approved prior to the submittal of a development plan. Any development plan shall be in conformance with the specific plan for the project area.

4.

Requirements for Approval of the Development Plan. Prior to approving a development plan, the city council shall determine that the following requirements have been met:

a.

That the density and type of proposed development is in conformance with the coastal land use plan;

b.

That adequate provisions have been made within the proposed conditions, covenants and restrictions to establish permanent care and maintenance of public and common open spaces, recreational areas and facilities;

c.

That the existing and proposed circulation is suitable and adequate to serve the proposed uses;

d.

That setbacks and distances between buildings meet all of the provisions of Section 14.16.070;

e.

That the development includes a mixture of housing types and that buildings and structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

(Ord. 315 § 1 (part), 1981)

Permitted uses subject to development plan approval in the PUD district are as follows:

1.

Residential units, either attached or detached, including single-family dwellings, rowhouses, townhouses, apartments, condominiums, modular homes, and mobile homes on a permanent foundation; provided, that the units are clustered to the maximum extent feasible; for modular/mobile home PUD's, see Chapter 14.17;

2.

Recreational facilities, including but not limited to, tennis courts, swimming pools, playgrounds, and parks for the private use of the prospective residents, provided such facilities are not operated for remuneration;

3.

Commercial recreational facilities that are compatible with the residential units;

4.

Community center facilities, i.e., day care center, laundromat, meeting rooms, for use by residents of the development;

5.

Visitor-serving commercial facilities, i.e., a motel or restaurant; provided, that the planning commission may reduce the residential density otherwise permitted to accommodate facilities that provide overnight lodging, based on a determination that the increased density caused by the overnight lodging facility would have an adverse effect on prospective residents or on the surrounding environment; examples include an adverse effect on an environmentally sensitive habitat, major views to the ocean or foothills, and public access to the shoreline;

6.

Convenience establishments of a commercial and service nature such as a neighborhood store designed and built as an integral part of the development and providing facilities primarily designed to serve the needs of prospective residents may be permitted, subject to the finding that such commercial use would not be materially detrimental to existing commercial development in the downtown area;

7.

Open space uses such as parks, viewing areas, hiking, biking, and equestrian trails;

8.

Uses, buildings and structures incidental, accessory and subordinate to permitted uses, subject to the provisions of this zoning district;

9.

Home stays, as provided in Chapter 14.52.

10.

Personal use cannabis cultivation, as provided in Chapter 14.59.

(Ord. 315 § 1 (part), 1981)

(Ord. No. 726, § 6, 3-25-2019; Ord. No. 708, § 3, 4-24-2017)

The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The city council may, from time to time, consider modifications to the administrative policies.

(Ord. No. 708, § 3, 4-24-2017)

Conditionally permitted uses in the PUD district are as provided in Chapter 14.62.

(Ord. 315 § 1 (part), 1981)

Parking regulations in the PUD district are as provided in Chapter 14.54.

(Ord. 315 § 1 (part), 1981)

Because of the flexibility needed to provide maximum clustering and innovative design of buildings and structures within a PUD, no standard setbacks or distances between buildings (front, side, or rear) shall be required in this district. Setbacks and siting of structures shall be approved as part of the development plan in order to protect and preserve property values of the site and adjacent properties, ensure compatibility of different uses, avoid nuisances, and advance the general welfare of the public. The following factors shall be considered: fire protection, safety from flooding and other geologic hazards, privacy, light and air, solar exposure, protection of identified environmentally sensitive habitat areas on or adjacent to the property, building configuration, aesthetics, and any other applicable provisions of the coastal land use plan, general plan, and specific plan(s).

(Ord. 315 § 1 (part), 1981)

Not more than thirty percent of the net area of the property shall be covered with any portion of a building(s) containing dwelling units.

(Ord. 315 § 1 (part), 1981)

No building or structure shall exceed a height of more than thirty feet.

(Ord. 315 § 1 (part), 1981)

The city shall specify the number of dwelling units permitted per gross acre for each parcel designated PUD at the time this designation is adopted for a parcel unless already specified in the coastal land use plan. The number of dwelling units permitted shall be expressed as a range of dwelling units per gross acre and shall be shown on the city's official zoning maps, as illustrated in the following example:

In determining the appropriate density, the following factors shall be considered:

1.

Protection of the scenic qualities of the site;

2.

Protection of natural and/or coastal resources, i.e., habitat areas, archaeological sites, etc.;

3.

Avoidance of siting of structures on hazardous areas;

4.

Provision of public open space, recreation, and/or beach access;

5.

Preservation of existing healthy trees;

6.

Mix of housing types and provision of low and moderate income housing opportunities;

7.

Density in surrounding areas;

8.

Service system constraints.

(Ord. 315 § 1 (part), 1981)

1.

Amount. At least twenty percent of the gross area of the parcel(s) shall be used for common open space. The city shall determine the amount of public open space required for coastal access and recreation and protection of public views, if not specified elsewhere in the coastal land use plan, but in no case shall it be less than twenty percent of the gross area. Lands to be preserved as open space may be required to be irrevocably offered for dedication by fee title to the city or other public agency or may remain in private ownership with appropriate scenic and/or open space easements in perpetuity. For lands comprising public open space that remain in private ownership, the city shall require granting of an easement guaranteeing the public's right of access and use of such open space in perpetuity.

2.

Maintenance. Prior to the issuance of any permits for construction, a bond shall be posted guaranteeing the maintenance of open space, private roads, etc. as required below. Provisions for maintenance of open space and private roads shall be included in the conditions, covenants and restrictions (CC&R's) for the development. Any alteration, amendment, or repeal of such provisions shall require the express approval of the city.

3.

Public Open Space. The city may require the applicant to maintain all public open spaces and related facilities for a specified period after completion of the PUD.

4.

Common Open Space. The common open space shall be deeded to the homeowners' association and held in undivided ownership by the residents of the PUD. Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvement running with the land as described in the approved final development plan.

(Ord. 315 § 1 (part), 1981)

Landscaping shall be installed and maintained in accordance with the approved development plan. Prior to the issuance of any permits, a landscaping bond shall be posted with the city to ensure installation and maintenance.

2.

Along each side or rear yard of the PUD district abutting property zoned other than PUD, an adequate buffer consisting of fencing, walls, plant materials, or any combination thereof shall be installed and maintained to protect adjacent properties from impacts of noise or lighting and to provide separation between different uses. Such buffer shall be included in the development plan.

(Ord. 315 § 1 (part), 1981)

At the time of submittal of the development plan, the applicant shall file a description of the proposed organization of the homeowners' association including conditions, covenants and restrictions (CC&R's) that will govern the association. Such description shall be reviewed by the city attorney who shall make a recommendation to the planning commission. Required provisions shall include, but not be limited to, the following:

1.

The homeowners' association shall be established before the homes are sold.

2.

Membership shall be mandatory for each home buyer and any successive buyer.

3.

The association shall be responsible for liability insurance, property taxes, and maintenance of common open space and recreational and other facilities. Provisions for maintenance of open space and private roads shall not be altered, amended, or repealed without the express consent of the city.

4.

Homeowners shall pay their pro rata share of all costs of the association and the assessment levied by the association can become a lien on the property.

5.

The association shall be able to adjust the assessment to meet changed needs.

(Ord. 315 § 1 (part), 1981)

Nonconcentration of certain uses, drive-thru businesses, noise and other district requirements in the PUD district are as provided in the CPD district, Sections 14.20.020, 14.20.070, 14.20.080, 14.20.110 and 14.20.120.

(Ord. 315 § 1 (part), 1981)

(Ord. No. 643, § 2, 1-25-2010)