The planned residential or P-R zone is designed to facilitate greater flexibility in the development of any area by providing a means for varying designs and structures best suited to environmentally sensitive locations, including geologically hazardous or visually sensitive areas, as delineated in the general plan/local coastal program land use plan. Land in the planned residential zone shall be subject to the provisions set forth herein.

   In the planned residential zone the following uses only are permitted as hereafter specifically provided for by this section and subject to the general provisions and exceptions set forth in Chapters 17.102 and 17.105.

   A.   Short-term rentals and homestays (see Chapter 17.113).

(Ord. O-2018-006 § 4, 2018)

   Uses permitted in the planned residential zone may include and shall be limited to:

   A.   Dwelling units in detached, attached or multi-storied structures or any combination thereof;

   B.   Non-residential uses of a religious, cultural, recreational and commercial nature to the extent they are designed and intended to serve primarily the residents of the planned unit development. No commercial use, nor any building devoted primarily to a commercial use shall be built or established prior to the occupancy of seventy-five percent of the residential buildings for which it is designed to serve.

   A.   In order to fulfill the purposes of this chapter, the planning commission may make such written rules including general procedure and form of applications as it may determine, provided said rules are not inconsistent herewith.

   B.   The application for a conditional use permit shall be executed by or on behalf of the landowner and filed with the public services department.

   C.   The application for a conditional use permit shall include the following items:

   1.   The location and size of the area involved and the nature of the landowner's interest in the land proposed to be developed;

   2.   The density of land use to be allocated to parts of the area to be developed, existing and proposed;

   3.   The location, function, ownership and manner of maintenance of common open space;

   4.   The use, height, bulk and location of buildings and other structures and architectural elevations, existing and proposed;

   5.   The coverage of buildings and building areas, existing and proposed;

   6.   The feasibility of proposals for the disposition of sanitary waste and storm water, existing and proposed;

   7.   The substance of codes, covenants, restrictions, grants or easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities, existing and proposed;

   8.   The provisions for parking of vehicles and the location and width of proposed streets and public ways and the relationship of proposed streets and other public facilities to similar public facilities in proximity to the proposed planned residential development, existing and proposed;

   9.   The required modifications in the regulations otherwise applicable to the subject property;

   10.   In the case of plans which call for development over a period of years, a phasing plan and development schedule shall be submitted that includes phasing of all construction of buildings, roads, landscaping, utilities and other improvements;

   11.   A grading plan showing topography and contour intervals, existing and proposed;

   12.   Cross-sections of the development;

   13.   Ground cover, landscaping, fencing and screening, existing and proposed;

   14.   Public services and utilities, existing and proposed;

   15.   Cost/revenue analysis;

   16.   In addition to the subject property, support material for tentative approval shall also include zoning and land uses for adjacent areas;

   D.   Said application shall be accompanied by detailed written statement by the landowner setting forth his proposals.

   E.   Every application for a planned residential development shall be accompanied by exhibits including adequate illustrative and technical data and criteria to fully express the proposed standard of development. Such exhibits and standards shall be prepared or endorsed by a person qualified to practice in the State of California in the architecture, landscape architecture and/or engineering field or otherwise by persons recognized in the field of site planning and urban design.

   F.   One copy of the tentative map, site plans and elevations received by the public services department shall be promptly delivered to other city staff members for their review and report to the planning commission. As part of its review, the public services department shall consult to the extent it deems necessary with the fire, health, building and other departments of the city and/or county concerning such application.

   G.   Nothing herein contained shall be deemed to forbid or discourage informal consulting between the landowner and the staff of the public services department prior to the filing of an application for a tentative approval, provided no statement of representation by a member of the staff shall be binding upon the planning commission.

   Development in a P-R zoning district shall comply with standards and criteria in the General Plan/Local Coastal Plan and any applicable specific plan for the area in which the development is located. (Ord. O-2013-004, § 1, 2013)

   The planning commission, upon conclusion of the hearing or hearings, shall recommend approval, approval with conditions, or denial of the proposed planned residential development to the city council for their action and shall adopt specific development conditions and findings. The findings shall be in writing and shall include findings of fact setting forth the reasons for recommending approval or denial of the proposed planned residential development including but not limited to findings of fact on the following:

   A.   In what respects the plan is or is not consistent with the purposes of this chapter;

   B.   The extent to which the plan conforms to regulations otherwise applicable to the subject property, including but not limited to intensity and compatibility of development;

   C.   The nature and extent of the common open space in the planned unit development, the provisions for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the population densities and dwelling types proposed in the plan;

   D.   The impact of the proposed planned residential development upon the neighborhood in which the development is proposed to be established;

   E.   The plat of the plan and the manner in which said plat makes adequate provisions for public services, adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;

   F.   The sufficiency of the plan to protect the public health, safety and general welfare; and

   G.   The adequacy of plans for sanitary waste disposal, storm water disposal and water supply.

   H.   The consistency of the development proposal to the general plan/local costal plan, applicable specific plans and other city policies and programs.

   The planning commission, within thirty calendar days after adoption of findings and recommendations as provided in this chapter, shall transmit to the city council its written findings and recommendations. Planning commission actions on sites of less than one acre shall not require city council approval in the planned residential zone.

   Upon receiving the findings and recommendations of the planning commission concerning any planned residential development or an appropriate phase thereof, the city council shall consider said plans and act thereon in any manner deemed under the circumstances to vest, promote and protect the public health, safety, convenience and general welfare of the specific plan area, its environs and the city.

   In any case where the terms of approval of a planned residential development, or the approved development schedule contained therein, have not been or are not complied with, the city planner shall give to the landowner written notice of intention to consider revocation of the approval of the planned residential development in accordance with the procedures contained in Chapter 17.121 of this Title.

   The standards set forth in this section shall apply to each planned residential development zone. In its report to the council, the planning commission may recommend such additional standards as it deems necessary or desirable in carrying out the general purpose and intent of this article. The intent of this zone is to encourage and foster sensitive and well-conceived residential development proposals. The following data shall be provided:

   A.   Plan. The plan may provide for a variety of housing types.

   B.   Lot Area, Coverages, Setbacks. The plan shall follow the criteria established for lot area, coverages and setbacks in Chapter 17.102.

   C.   Height. The height of buildings shall flexible, utilizing the limitations established for similar uses by Chapter 17.102 herein as a guideline for R-1, R-2 and R-3 zones, unless specific standards are identified in the general plan/local coastal program land use plan. Heights of structures shall be designed consistent with the efficiency of public services and protection of public views from designated scenic highways. Furthermore, the landowner has the burden to show that such height will not have an undue and adverse impact on the landscape, the value of adjoining property or create undue costs for the provision or maintenance of existing public facilities or be prejudicial to a standard of excellence in the form and function of the planned residential development or to the area as a whole.

   D.   Urban Form. The quality of the physical plan shall demonstrate a standard of excellence in the grouping of buildings, aesthetic control, a harmony and compatibility among the several elements; all designed to preserve the quality of the natural landscape and enhance the quality of the development.

   E.   Density. The density for any P-R zone shall be within the density range as provided for by the general plan/local coastal program land use plan. A plan may provide for higher densities within the range if the planning commission deems that such higher densities will not have an undue and adverse impact on the landscape, the zone of visual dominance, the value of adjoining property and on the reasonable enjoyment and amenities of neighboring property or create undue costs for the provision or maintenance of public facilities or be prejudicial to a standards of excellence in the form and function of the planned residential development or the area as a whole.

   F.   Non-Residential Uses and/or Structures. Non-residential uses of a religious, educational, recreational or commercial nature shall be designed or intended primarily for the use of the residents of the planned residential development. The burden of proof shall be on the applicant appearing at the public hearings to show that such uses will primarily serve persons residing inside the planned residential development.

   G.   Separation Between Buildings. The minimum separation between main buildings in the development, including structures in both residential and non-residential developments, shall be not less than ten feet.

   H.   Parking. All parking requirements under Chapter 17.108 et seq. of this Title shall be met.

   I.   Commercial Uses Within Large (two hundred or more dwelling units) Residential Developments. Where the planned residential development contains two hundred or more dwelling units or the projected development (based on the local coastal plan) of surrounding areas together with the number of units proposed amounts to three hundred or more dwelling units, five percent of the developable portions of the planned residential unit development may be permitted to be neighborhood serving commercial uses.

   The commercial uses shall be restricted to those uses permitted in the C-1 commercial zone, with specific uses within the class of use being approved by the planning commission. The commercial structure or structures shall be of an architectural design compatible with that of the nearby dwelling units.

   J.   Open Space. Open space shall comprise at least sixty percent of the gross lot area less road right-of-ways in low density and medium density zones, and at least forty percent in high density zones designated for residential developments. This open space shall be used for recreational or environmental amenities for collective or private enjoyment by occupants of the development, but shall not include buildings or structures, public or private streets, or driveways. Open space shall be organized in an effort to protect views of the ocean and coastal foothills, as appropriate to the property, based on the approved specific plan. A maximum of fifty percent of the total required open space area may be composed of open space on privately owned properties unless a lower percentage is required in the general plan/local coastal program land use plan. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot an undivided interest in the private common open space areas and facilities.

   K.   Geologic Report. An engineering geological report shall be prepared and submitted by a registered engineering geologist including a description of the geology of the development site, a geologic map and conclusions and recommendations regarding the effect of geologic conditions and marine conditions where applicable on the proposed development.

   L.   Public and Private Streets. The location and arrangement of public and private streets shall provide convenient and safe access to all planned residential developments.

   M.   Hillside Developments. See Chapter 17.018.

   N.   Title Documents. The adopted final plan shall contain in appropriate title documents such proposed covenants, deed restrictions, easements and other provisions relating to bulk, location and density of such residential units, non-residential uses and public facilities as are necessary to fulfill the purposes of this article. Said covenants, easements and other provisions, if part of the plan as finally approved, may be modified, enforced, removed or released only in accordance with the amendment requirements of the city's certified local coastal program and with the approval of the city council.

   O.   Phasing. The planning commission may designate divisible geographic sections of the entire parcel to be developed as a planned residential development and shall, in such case, specify reasonable periods within which development of each such section must be completed. The period for completion of the entire development and commencement date for each section thereof may be modified from time to time by the planning commission upon the showing of good cause by the landowner.

   P.   Private Maintenance: Open space, facilities and streets commonly owned by all residents shall be maintained by a homeowners' association.

   A.   Except for property offered for dedication and accepted for public purposes, every owner of a dwelling unit or lot shall own as an appurtenant right thereto an undivided interest in the common open space and facilities or a share in a corporation which owns said common open space or a voting membership in an unincorporated association or organization which owns said common area and facilities.

   B.   In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the city may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within thirty days thereof, and shall state the date and place of a hearing before the city council thereon which shall be held within fourteen days of notice. At such hearing, the council may modify the terms of the original notice as to the deficiencies and give an extension of time within which they shall be remedied. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within said thirty days or any extension thereof, the city, in order to preserve the taxable value of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period or periods of time as necessary to insure proper maintenance of the common open space. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is dedicated to the public by owners. Before the expiration of a period or periods of time as set by the council, the council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the council, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the city shall not, at the election of the council, continue for an additional period or periods of time. If the council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the council shall cease to maintain said common open space. The council may, at its discretion, continue to maintain said space, subject to similar hearing and determination for additional periods of time as deemed necessary thereafter. The cost of such maintenance by the city shall be assessed against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The city at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien within the planned residential development.

   C.   Every conveyance of a dwelling unit or lot by landowner shall include by reference the conditions, covenants and restrictions applying to the said dwelling unit or lot, which shall be recorded in the office of the County Recorder, and copies of said provisions shall be furnished to the individual buyer of said dwelling unit or lot in the development.

   D.   No new dwelling unit or lot shall be sold or encumbered separately from an interest in the common open space and facilities in the development which shall be appurtenant to such dwelling unit or lot.

   E.   No dwelling unit or lot in the development shall be sold unless a corporation, association, property owners' group or similar entity approved by the planning commission and the council has been formed with the right to assess to all the properties which are jointly owned with interests in the common open space and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said jointly owned common open space. Such entity shall operate under recorded conditions, covenants and restrictions which shall include compulsory membership of all owners of dwelling units or lots. The entity shall provide for flexibility of assessments to meet changing costs of maintenance, repairs and services. The landowner shall submit evidence of compliance with this requirement to the city.

   F.   No building permit shall be issued for other than approved model units until the conveyance for such dwelling unit or lot containing such conditions, covenants and restrictions as required by this section have been complied with; provided however that said approved model units shall not be sold or occupied until the conveyance therefore containing such conditions, covenants and restrictions as required by this section have been complied with.

   Variation from the minimum requirements of plans hereof may be permitted when it meets the criteria established by the general plan local coastal program land use plan. The approval of any vote of the planning commission may be made upon the finding that such variation will produce any one or more of the following results:

   A.   The requirements of the general plan/local coastal program land use plan would be more effectively met through varied standards;

   B.   Reduce the area and unsightliness of cut and fill banks;

   C.   Reduce the danger of erosion;

   D.   Enhance community environment through dedication of public areas, arrangement of lot sizes and landscaping;

   E.   Better protection of scenic views; and

   F.   Maximized protection of natural resources.