The planned development (P-D) zone designation has the following
purposes:
(a)
Encouraging the development of parcels with comprehensive site planning
and building design;
(b)
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;
(c)
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;
(d)
Promoting and creating public and private open space as an integral
part of land development design;
(e)
Encouraging private development of older areas of the city or areas
which are not conducive to development under traditional zoning designations;
(f)
Enhancing and preserving property with unique features, such as historical
significance, sensitive biological resources, or unusual topography
and landscape features.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(1)
To ensure that the purpose and provisions of a formally adopted zoning
district or specific plan of record shall be conformed to, land use
activities shall be limited exclusively to such uses as are permitted
or conditionally permitted in the underlying zone or specific plan
to which the site is classified.
(e)
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.
(1)
The zoning standards in effect immediately prior to the planned development
zoning, if consistent with the underlying General Plan designation,
shall apply regarding specified properties within a planned development
zone that are not associated with a master development plan. Otherwise,
those properties not associated with a master development plan shall
be subject to the nonconforming use provisions of Article 61.
(f)
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.
(1)
Development standards including, but not limited to, area, coverage,
light and air orientation, building height, sign placement and design,
site planning, street furniture placement and design, yard requirements,
open spaces, off-street parking and screening for planned developments,
shall be governed by site-specific standards which shall be adopted
as part of the zone. Such standards shall result in a superior development
that presents enhanced design in all facets of the project (site,
architecture, materials, amenities, landscaping, etc.) for an overall
high quality planned development.
(g)
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.
(h)
Standards for public improvements shall be governed by applicable
ordinances and laws of the city.
(i)
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.
(Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2020-31R, § 6, 1-13-21)
Planned development residential densities shall be guided by
the following:
(a)
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.
(b)
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.
(c)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
A planned development zone shall not be adopted unless the following
findings are made:
(a)
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;
(b)
The proposed location allows the planned development to be well integrated
with its surroundings;
(c)
All vehicular traffic generated by the planned development will be
accommodated safely and without causing undue congestion upon adjoining
streets;
(d)
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;
(e)
The overall design of the proposed planned development produces an
attractive, efficient and stable environment;
(f)
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;
(g)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(c)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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:
(1)
The location and design of the mobilehome park is consistent with
the goals and policies of the Escondido general plan and with any
other applicable official plan or policies adopted by the Escondido
city council, or in the process of being prepared and adopted;
(2)
The existing public facilities, common areas, street system, lot
configuration and other physical features shall be suitable for the
conversion of the mobilehome park to resident ownership.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(c)
Whenever a planned development zone has been established, its boundary
shall be indicated on the official zoning maps of the City of Escondido.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
The city council may, after giving public notice and holding
a hearing as provided in Article 61, Division 6, approve, conditionally
approve or deny the master development plan, provided that, in overruling
a planning commission recommendation for denial, the city council
shall make the findings listed in section 33-403 of this article.
Approval of the master development plan and establishment of a planned
development zone shall be by ordinance. Approved zoning to P-D shall
include but not be limited to the following stipulations:
(a)
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.
(b)
Approval of the master plan shall not be interpreted as waiving compliance
with other provisions of the Escondido Municipal Code.
(c)
The approved master development plan drawings and documents shall
be filed in the office of the city clerk and in the city planning
division.
(d)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
One or more precise development plans shall provide finely detailed
plans consistent with the approved master development plan. The planning
commission shall approve, conditionally approve, or deny the proposed
precise development plan by resolution, after a determination of consistency
with the master development plan, and shall notify the applicant.
Approval of the precise development plan shall include, but not be
limited to, site layout, building elevations, colors, materials, signage,
parking, circulation, grading, drainage, landscaping, fencing, etc.
(a)
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.
(b)
The reasons for approval or denial of the precise development plan
shall be in writing based on findings pursuant to section 33-403.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
(a)
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.
(b)
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.
(c)
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.
(Ord. No. 2017-03R, § 4, 3-22-17)
Appeals of a decision by the zoning administrator or the planning
commission shall be made in accordance with the provisions of sections
33-1303 and 33-1304 of Article 61 of this chapter within 10 days following
the date of the decision.
(Ord. No. 2017-03R, § 4, 3-22-17)
All planned development permit approvals shall expire concurrently
with the expiration of any companion tentative subdivision map(s)
or tentative parcel map(s). Where there is no tentative subdivision
map or parcel map, all planned development permit approvals shall
expire according to the same schedule and procedure as a tentative
subdivision map including local or state time extensions granted to
subdivisions. Where a planned development permit has expired the city
may set a hearing to rezone all or part of the property back to the
zoning status existing immediately prior to establishment of the planned
development zone, or, after notice and hearing provided in this division,
to any other appropriate zone.
(Ord. No. 2017-03R, § 4, 3-22-17)
