Encouraging the development of parcels with comprehensive site planning and building design;

Providing a more flexible regulatory procedure by which the basic public purposes of the Escondido general plan and development policies may be accomplished for specific parcels;

Encouraging creative approaches to the use of land through variation in siting of buildings and the appropriate mixing of several land uses and the design of facilities;

Promoting and creating public and private open space as an integral part of land development design;

Encouraging private development of older areas of the city or areas which are not conducive to development under traditional zoning designations;

Enhancing and preserving property with unique features, such as historical significance, sensitive biological resources, or unusual topography and landscape features.

In the event of conflict between any other provision of the Escondido Zoning Code and a requirement of a planned development zone, the requirement of the planned development zone shall prevail.

Planned development zones shall only be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this article.

Planned development zones shall be in conformity with the Escondido General Plan and any applicable specific plans. A planned development zone shall not be adopted without findings that the proposed planned development conforms to such plans and policies relative to compliance with the general location, amounts and densities of such uses as set forth in the Escondido General Plan; or in any applicable specific plans.

Planned development zones may combine a variety of land uses. Mixed uses may include any skillful combination of residential, commercial, industrial and agricultural uses, and may occur among or within buildings as long as the uses are compatible with each other and with existing and potential uses surrounding the zone.

Compliance with the requirements of a master development plan is necessary for any person or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure within the planned development zone.

The general provisions, conditions, and exceptions applicable to all zoning districts and specific plans shall be applied as presented to all sites in a planned development zone, unless a different regulation or standard is prescribed and enacted as part of this article.

The provision of public and private open space as an integral part of land development planning and design is required of planned developments. The planning commission shall recommend to the city council and the city council shall adopt principles and standards for the provision, improvement and maintenance of required open space, and may require higher standards of open space for residential portions of a planned development than are required elsewhere for residential uses.

Standards for public improvements shall be governed by applicable ordinances and laws of the city.

Exceptions to standards of the zoning code or to standards adopted by the planning commission or city council shall be granted by the planning commission and city council only in cases where these bodies find that such exceptions encourage a more desirable environment, are warranted in order to foster the establishment of a comprehensively planned and designed development or unit thereof, and are consistent with the purposes of section 33-400 of this article.

Residential planned developments may, and are encouraged to, depart from standard subdivision and housing design by providing a variety of lot sizes and housing types, provided that the overall residential density yield conforms with the city policy as determined in subsection (b) of this section, and provided residential amenities are incorporated in amounts and locations conducive to the establishment of a quality residential environment and/or residential environments of special social importance to the city.

All planned developments in which residential uses are proposed shall be governed by the residential density set forth in the Escondido General Plan, or in any applicable specific plan, or any applicable area plan, or in official city plans and policies in process of preparation and adoption.

For planned developments in which residential uses are proposed on lots or parcels of land in the R-3, R-4 and R-5 zones, area plans and specific plan areas with a maximum specified multifamily residential density, no planned development shall be improved or developed at a density below 70% of the maximum permitted density of the underlying multifamily zone, area plan or specific plan multifamily designation. Exceptions to the minimum density requirement may be granted in writing as part of the planned development approved pursuant to section 33-408 provided the development will not preclude the city from meeting its housing needs as described in the Housing Element of the Escondido General Plan. Minimum density requirements shall not apply to property owners seeking to enhance or enlarge existing dwelling units or construct other accessory structures on a site.

The location, design, and residential density of the proposed planned development is consistent with the goals and policies of the Escondido General Plan and any applicable specific plan or with any policies adopted by, or being considered by the Escondido city council, or in the process of being prepared and adopted;

The proposed location allows the planned development to be well integrated with its surroundings;

All vehicular traffic generated by the planned development will be accommodated safely and without causing undue congestion upon adjoining streets;

The proposed location and design allows residents and business establishments proposed within the zone to be adequately serviced by existing or proposed public facilities and services and does not provide an undue or negative impact on existing public facilities and services. In appropriate circumstances, and as provided elsewhere by city code, the city may require that suitable areas for schools, parks and playgrounds, pedestrian ways or public open spaces be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development;

The overall design of the proposed planned development produces an attractive, efficient and stable environment;

The planned development is well integrated with its settings, does not require excessive earthmoving or grading, or destruction of desirable natural features, nor is visually obstructive or disharmonious with surrounding areas and facilities, and does not substantially harm major views from adjacent properties;

The uses proposed have a beneficial effect not obtainable under existing zoning regulations. Any departure from existing ordinance requirements shall be warranted by the design and the amenities incorporated in the planned development in accord with adopted city policy.

As a condition of approval, the city may require that suitable areas for schools, parks and playgrounds be set aside, improved and dedicated for public use, or be reserved for the owners, residents and establishments in the development by deed restrictions. Whenever group or common open space is provided, whether required or not, the planning commission shall, as a condition of approval, require that some provision be made for perpetual maintenance of said open space. The form of any instrument used to assure open space maintenance shall, be approved by the city attorney as to form and content. Agreements and covenants running with the land shall include provisions for charges to be levied for carrying out the specified functions and administrative expenses of said perpetual maintenance. The city shall be a party in interest in any such development and may by mandatory injunction enforce the provisions of this article.

To assure that open space shall be available for the entire developed planned development district, public sites and development rights to required open spaces shall be dedicated in advance of development whenever such dedication is required. In any event, whether a subdivision map is required or not, any required dedication of public sites and development rights to required open spaces for the entire district shall be made before the first building permit is issued.

Other dedications for street, utility, flood control, rights-of-way and for easements and other public purposes may also be required before the issuance of the first building permit.

The procedures set forth in this article may be used in circumstances where a mobilehome park is converted to resident ownership of individual mobilehome lots.

In the event this planned development process is used for a mobilehome park conversion as specified in subsection (a) of this section, any findings which are required by sections 33-403 and 33-410 of this article shall not be required. Before recommending approval, the planning commission shall find that:

The following sections of this article shall be inapplicable in the event of a mobilehome conversion pursuant to subsection (a) of this section:

In the event the City of Escondido is the proponent of the mobilehome park conversion pursuant to subsection (a) of this section, the fees required by section 33-407 may be waived by the city council.

A planned development (P-D) zone may be established upon application directed by the city council or upon application of the owner(s) of property which would be included in the zone.

A planned development zone initiated by property owner application shall include the written consent of every property owner within such zone at the time of adoption of the ordinance agreeing to the conditions and regulations proposed and which will be effective within the zone.

Whenever a planned development zone has been established, its boundary shall be indicated on the official zoning maps of the City of Escondido.

A planned development zone shall be created by adoption of a master development plan and a subsequent precise development plan. A master development plan and a precise development plan may be processed and approved concurrently.

Fees for the filing of master and precise development plans shall be established by resolution of the city council from time to time and shall be payable upon submission of an application.

The master development plan shall provide detailed plans of the proposed overall development layout; multi-modal circulation; the intensity, density and types of land uses proposed and their interrelationship; common areas/facilities and open space; proposed development standards; existing topography, proposed grading and stormwater management; architectural design, materials and colors; comprehensive sign program; proposed development phasing; and any other information required by the director to inform the city of the extent, dimensions and impact, including potential environmental impacts, of the proposed development. Approval of the master development plan shall include precise location of uses, configuration of parcels, engineering feasibility, and any required environmental analysis.

The planning commission shall conduct a public hearing pursuant to Article 61, Division 6 to review and recommend the application and the accompanying master development plan. The planning commission's recommendation to the city council shall be in writing and shall state the reasons for approval or denial based on findings pursuant to section 33-403.

The development, maintenance and use of the property included in the master development plan shall be carried on in conformance with the approved plan drawings and documents; the developer shall substantially adhere to the phased development schedule submitted as part of a master development plan.

Approval of the master plan shall not be interpreted as waiving compliance with other provisions of the Escondido Municipal Code.

The approved master development plan drawings and documents shall be filed in the office of the city clerk and in the city planning division.

No land shall be used or developed and no buildings shall be constructed, maintained or used other than for the purpose specified on the approved master development plan drawings and documents, as filed, nor prior to the approval of a precise development plan as required hereinafter.

If a precise development plan is submitted concurrently with the master development plan, review and consideration shall be pursuant to sections 33-408 and 33-410.

The reasons for approval or denial of the precise development plan shall be in writing based on findings pursuant to section 33-403.

The planning commission shall have the authority to approve changes to a master development plan at a public hearing when the changes are consistent with the purpose of the master development plan and do not affect the boundaries of the subject zone, provided that such changes shall not increase the established densities, change uses of land, or the location or amounts of land devoted to specific land uses. Proposed modifications that exceed these limitations shall be considered pursuant to section 33-408.

The zoning administrator shall have the authority to approve changes to a precise development plan upon review and determination that the proposed changes are consistent with the purpose, character and established development standards of the master development plan.

A final subdivision map or parcel map submitted in combination with or after approval of the master development plan shall not be approved for recordation by the city council until after the planned development zoning has become effective.

The provisions of the planned development zone are in addition to all requirements of the Escondido subdivision ordinance (EMC Chapter 32). Subdivision maps for all or portions of the proposed zone shall be processed concurrently with the planned development zone application.

No building permit shall be issued until a final subdivision map, or parcel map, if required, has been recorded in compliance with the Subdivision Map Act and the Escondido subdivision ordinance.