Chapter 17.204
SPD SPECIFIC PLAN DISTRICT
Sections:
17.204.010 Purpose.
17.204.020 General requirements for a specific plan proposal.
17.204.030 General provisions and standards for a Specific Plan District.
17.204.040 Definitions.
17.204.050 Application procedure.
17.204.060 Alternative A, conditional (SP) specific plan zoning procedure.
17.204.070 Alternative B, nonconditional (SP) specific plan zoning procedure.
17.204.080 Residential, commercial or industrial development intensity policy.
17.204.090 Draft specific plan.
17.204.100 Final specific plan.
17.204.110 Criteria for reviewing specific plan.
17.204.120 Approval by ordinance.
17.204.130 Specific plan approval, denial and modifications.
17.204.140 Concurrent actions.
17.204.150 Site plan and subdivision map review.
17.204.160 Site plan modifications.
17.204.170 Dedication, maintenance of open space.
17.204.180 Tentative and final subdivision map.
17.204.190 Site plan and tentative subdivision map appeal.
17.204.010 Purpose.
The purpose of this district includes the following:
A. To encourage the planned development of parcels and to permit comprehensive site planning and building design;
B. To provide a more flexible regulatory procedure by which the basic public purpose of the City of Lake Elsinore General Plan and the zoning code may be accomplished;
C. To encourage creative approaches to the use of land, through variation in siting of buildings and the appropriate mixing of several land uses, activities and dwelling types;
D. To enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities;
E. To promote and create public and private open space as an integral part of land development design;
F. To reduce, when appropriate, the amounts of public and private improvements normally required by developments;
G. To maximize choice in types of environments available in the City;
H. To encourage private development of older areas of the City and for the enhancement and preservation of property with unique features, such as property having historical significance, unusual topography and landscape features. [Ord. 772 § 17.99.010, 1986. Code 1987 § 17.99.010].
17.204.020 General requirements for a specific plan proposal.
A. Property that is held in single or multiple ownership may be considered for a specific plan. The City, property owner, or his representative, may initiate the specific plan proposal. Components of the specific plan shall include the submittal of a development plan and a supplementary text. Land development within the specific plan area shall be initiated and completed by the applicant or his transferees, whichever the case may be. Unless otherwise provided in the approval of the specific plan, the applicant may divide and transfer units within the specific plan area, provided the total density permitted by the specific plan is not exceeded. The applicant or his transferee shall complete, use and maintain the development in strict accordance with the specific plan and subsequent conditions of approval as required.
B. All provisions of this district are supplementary to the City’s subdivision ordinance. Any site plans and/or maps contemplated for the specific plan area or for portions thereof may be processed concurrently with the specific plan as specified under this chapter. [Ord. 772 § 17.99.020, 1986. Code 1987 § 17.99.020].
17.204.030 General provisions and standards for a Specific Plan District.
The following provisions shall apply in this Specific Plan District, together with all other applicable provisions of the City’s zoning and subdivision ordinances. Where conflict in a regulation occurs, the regulations specified in this district or in an approved specific plan shall supersede and apply.
A. Specific plan zones may be established pursuant to the regulations and requirements specified in the specific plan district ordinance codified in this chapter. It is the intent of the individual specific plan zones to provide innovative development plan design and development standards in which development standards may vary between specific plan zones.
B. The specific plan shall consist of a development plan and supplemental text material and is recognized as a guide to the developers and designers of land use plans for the property. The development standards are, in effect, performance standards, the ramifications of which become manifest when a site plan has been drawn.
C. Specific plan zones may 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 district.
D. The purpose of this district may be accomplished only upon satisfactory demonstration by the applicant that the specific plan is in conformance with the intent of the City’s General Plan and any element thereof, and in accordance with other applicable plans and policies adopted by the City.
E. Specific plans may combine several land uses on the development plan. Mixed uses may include any combination of residential, commercial, industrial, open space 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 specific plan zone.
F. Standards for building 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 specific plan uses and other specified standards shall be governed by the development standards set forth in the specific plan and subsequent documents.
G. The provision of public and private open space, as an integral part of land development planning and design, is set forth as a purpose of this Specific Plan District. The specific plan shall contain criteria providing for open space and performance standards for the improvement and maintenance of required open space.
H. All electrical and telephone facilities, fire alarm conduits, streetlight wiring, cable television, and other wiring, conduits or facilities shall, where feasible, be placed underground. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities.
I. Standards for private and public improvements shall be governed by the specific plan and may vary from adopted City standards. [Ord. 772 § 17.99.030, 1986. Code 1987 § 17.99.030].
17.204.040 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meaning indicated:
“Applicant” means the party filing the application for and requesting a specific plan zone designation for particular parcel(s) of land. The applicant may be the City of Lake Elsinore, a property owner or group of property owners or their designated representative for the particular parcel(s) of land for which the specific plan zone is requested.
“Building permit” means a permit issued by the City that allows the building of a structure, according to the specified conditions of the permit, where located on the approved grading plan.
“Criteria” means the actual means employed to review and judge the effectiveness of the specific plan.
“Dedicated” means land, improvements, or both, dedicated by the landowner or developer to a public or quasi-public agency thereby releasing certain obligations from the landowner or developer.
“Development plan” means a mandatory requirement of the specific plan identifying areas on a map proposed for various land uses, backbone circulation systems, public use areas, open space areas, major landscape features and other general items as required by the City.
“Development standards” means a set of customized standards devised for the purpose of guiding and controlling future development on the property, to ensure compliance with the proposed character of design described in the specific plan. They may be developed for a particular project or reference existing zoning districts.
“Draft specific plan” means a preliminary compilation of specific plan components, including sketch plans of the development plan and an outline of the supplementary text material, the purpose of which is to expose the development concept and to solicit City responses and comments on the development concept.
“Environmental studies” includes various requirements of the California Environmental Quality Act.
“Final specific plan” means a final representation of the proposed development for a specific plan area that includes the information required by the City. The final specific plan, as approved by the Planning Commission and City Council, shall be considered an official zoning document for parcel(s) with approved (SP) specific plan zoning as placed on the official zoning map.
“Grading permit” means a permit issued by the City that allows grading to occur, according to the specified conditions of the permit, on the terrain of the specific plan area.
“Performance standards” means the development standards provided by the specific plan are to be enforced as performance standards when detailed site plans and subdivision maps are prepared. Project design is to be evaluated by the measure of performance described by the development standards.
“Private open space” means open space lands identified in the specific plan that are recognized as being for the private use, enjoyment or primary benefit of a limited group of people, generally restricted to the residents and their guests of the specific plan area.
“Public open space” means open space lands identified in the specific plan that are recognized as being for the use, enjoyment or primary benefit to the general public.
“Reservation (reserved)” means the setting aside of land for a specific purpose as required in the specific plan.
“Site plan” means a detailed development plan illustrating the precise locations and dimensions of parcels, buildings, circulation systems, public uses, urban design elements and other precise development elements as required by the City, the Specific Plan District, or as necessary to illustrate site plan concepts.
“Sketch plans” means a preliminary, working combination of land uses and development intensities designed as a mandatory component of the draft specific plan.
“Specific plan” means the legal document consisting of a development plan and supplementary text material that describes the character and building intensity of proposed development standards to guide developers and designers of the property.
“Specific plan designation” means a special-purpose specific plan area that is designated in the City’s General Plan. The development intensity policy is designated on the General Plan Land Use Map or in the text of the General Plan. All areas that have a specific plan designation in the City’s General Plan must be developed with an approved specific plan and must have (SP) specific plan zoning.
“Specific Plan District” means that district of the Lake Elsinore zoning ordinance permitting the establishment of specific plan zones.
“Specific plan zones” means an official zone established for specific parcel(s) of land for which particular intensities of land uses or combination of land uses are proposed and guided by a specific plan document. A designation of (SP) is placed on the City’s official zoning map upon approval, by ordinance, of specific plan zoning for parcel(s) of land.
“Subsequent reviews” means reviews of discretionary actions, as required to complete the development process concurrent with or subsequent to the specific plan and (SP) specific plan zone approval.
“Supplementary text material” means a mandatory requirement of the specific plan describing, in written form, the character of the proposed development, guided by specific development standards. [Ord. 772 § 17.99.035, 1986. Code 1987 § 17.99.035].
17.204.050 Application procedure.
The application procedure for specific plan zoning can occur in either of two alternative procedures. One procedure allows the applicant to receive conditional specific plan (SP) zoning prior to final specific plan approval, while the other procedure allows the applicant to accelerate processing and receive specific plan zoning concurrent with final specific plan approval. (See Exhibit “A,” SPD, attached to the ordinance codified in this chapter.) The application for specific plan (SP) zoning shall be made on a form provided by and submitted to the City Planning Division for review. It shall be the responsibility of the Community Development Director to contact interested departments and all agency personnel regarding necessary meetings with the applicant. [Ord. 772 § 17.99.040, 1986. Code 1987 § 17.99.040].
17.204.060 Alternative A, conditional (SP) specific plan zoning procedure.
The purpose of selecting the process for conditional (SP) specific plan zoning is to allow the applicant to receive an (SP) zoning designation for properties prior to preparing and submitting specific plan documents.
A. Subsequent to acceptance of any application for conditional (SP) specific plan zoning by the Planning Division, the City shall notice said zoning matters and conduct the necessary public hearings as provided in Chapters 17.180 and 17.192 LEMC.
B. At such time as conditional (SP) specific plan is approved, the City Council shall determine the residential, commercial or industrial development intensity policy, as provided in LEMC 17.204.080 and it shall be placed on the City’s official zoning map. This zoning designation will remain conditional until a final specific plan is approved for the subject parcel(s).
C. The applicant shall submit a draft specific plan to the Planning Division for review and comment. The draft specific plan shall consist of sketch plans for the development plan and a general outline describing the content of the supplemental text material, as provided in LEMC 17.204.090, of this district.
1. The applicant may request an informational meeting with the Planning Commission and/or City Council to:
a. Inform the Planning Commission and City Council of the general character, land use and impact of the proposed development.
b. Allow the Planning Commission and City Council to indicate their concerns regarding the specific plan.
c. Provide direction for the specific plan preparation before detailed studies and plans have been finalized for submission of the final specific plan.
D. The applicant shall submit a final specific plan to the Planning Division for review and comment. The final specific plan shall consist of the information contained in the draft specific plan and additional information, as provided in LEMC 17.204.100.
E. The City shall notice said specific plan and conduct necessary public hearings as provided in Chapters 17.180 and 17.192 LEMC. Upon approval of the final specific plan, the specific plan (SP) zoning designation will be implemented thereby removing the conditional status. [Ord. 772 § 17.99.050, 1986. Code 1987 § 17.99.050].
17.204.070 Alternative B, nonconditional (SP) specific plan zoning procedure.
The purpose of selecting the process for nonconditional (SP) specific plan zoning is to receive concurrent approval of the specific plan documents and (SP) zoning designation completing the specific plan process.
A. Subsequent to acceptance of any application for nonconditional (SP) specific plan zoning by the Planning Division, the applicant shall submit a draft specific plan to the Planning Division for review and comment. The draft specific plan shall consist of sketch plans for the development plan and a general outline describing the content of the supplemental text material, as provided in LEMC 17.204.090, of this district.
1. The applicant may request an informational meeting with the Planning Commission and/or City Council to:
a. Inform the Planning Commission and City Council of the general character, land use and impact of the proposed developments.
b. Allow the Planning Commission and City Council to indicate their concerns regarding the specific plan.
c. Provide direction for the specific plan preparation before detailed studies and plans have been finalized for submission of the final specific plan.
B. The applicant will submit a final specific plan to the Planning Division for review and comment. The final specific plan shall consist of the information contained in the draft specific plan and additional information, as provided in LEMC 17.204.100, of this district.
C. The City shall notice said final specific plan and related nonconditional (SP) specific plan zoning and conduct the necessary public hearings as provided in Chapters 17.180 and 17.192 LEMC. [Ord. 772 § 17.99.060, 1986. Code 1987 § 17.99.060].
17.204.080 Residential, commercial or industrial development intensity policy.
A. The residential, commercial or industrial development intensity policy shall be established for each specific plan zone concurrent with the approval of specific plan (SP) zoning or other applicable zoning district(s). The City Council shall determine the allowable development intensity for specific plan zones and shall designate said density on the official zoning map of the City and/or as described in the text of the zoning code.
1. Residential Specific Plan. A residential designation shall be made where residential uses within the specific plan zone combine to comprise over 50 percent of the proposed land use within the specific plan zone. Residential densities shall be noted on the official zoning map referencing the gross average density per acre permitted within the specific plan zone.
2. Commercial or Industrial Specific Plan. A commercial or industrial designation shall be made where commercial or industrial uses within the specific plan zone combine to comprise over 50 percent of the proposed land use within the specific plan zone. Commercial or industrial development intensities shall be noted on the official zoning map and/or as described in the text of this title, referencing the lot coverage of the use permitted within the specific plan zone.
B. Development intensity for specific plan zones shall be determined by one of two processes described as follows:
1. Development intensity for specific plan zones may be governed by the land use category designated in the City’s General Plan, or in other City plans and policies that may be in the process of preparation.
2. The City may specify a specific plan area designation in the City’s General Plan. The City shall, at the time of General Plan adoption or through the amendment process, designate the development intensity on the General Plan Land Use Map or as described in the text of the General Plan.
3. Development intensity for specific plan areas shall generally be evaluated with reference to other similar specific plan developments or evaluation procedures within the City or, in the case where other similar developments do not exist, with reference to other similar developments in comparable jurisdictions. [Ord. 772 § 17.99.070, 1986. Code 1987 § 17.99.070].
17.204.090 Draft specific plan.
The draft specific plan shall describe the intensity of land uses proposed and their interrelationship, and shall not be construed to endorse the precise location of uses, configuration of parcels, or engineering feasibility.
The draft specific plan shall be submitted to the Planning Division, and shall include the following information:
A. A sketch plan of the development plan for the entire specific plan area delineated on one or more maps showing:
1. Project land uses, densities, existing and proposed major streets, public use areas (schools, parks, fire stations, etc.), and open space and major landscape features;
2. General Plan, regional and subregional or community plan land use designations;
3. Slope analysis, utilizing categories provided by the Community Development Director. Included in the slope analysis is the number of acres in each slope category.
B. A general outline of the supplemental text material describing the general objectives/concept; a tabulation of the land area to be devoted to various uses, including open spaces; a calculation of the overall density and the average densities per net residential acre of the various residential areas; and a summary of development standards for commercial or industrial uses when those uses are proposed. The supplemental text material shall include development standards to be implemented as performance standards for the specific plan area:
1. A statement proposing the method of maintaining common open areas and facilities;
2. A description of the proposed grading program;
3. Identification of proposed future ownership and maintenance of streets, driveways, sidewalks, pedestrian ways and open space areas;
4. A brief discussion of the project as it relates to each of the General Plan Elements, including Land Use, Circulation, Environmental Resources Management, Noise, Housing, Conservation, Energy and Community Design. If a community plan is adopted or pending that includes the project site, the relationship to that plan should also be briefly discussed. In addition, the relationship of the project with the growth management plan should be discussed.
C. After review, the Community Development Director shall furnish the applicant with written comments regarding the review conference(s), including appropriate recommendations to inform and assist the applicant prior to preparing the final specific plan. [Ord. 772 § 17.99.080, 1986. Code 1987 § 17.99.080].
17.204.100 Final specific plan.
The final specific plan shall consist of the information contained in the draft specific plan and other additional information as determined by the Community Development Director, Planning Commission, City Council or Redevelopment Agency. This additional information shall include all or a portion of the following:
A. Survey of the property, showing existing features including trees, structures, streets, easements, utility lines, land uses, existing zoning, and existing ownership;
B. Topography map showing areas of major grading;
C. Proposed standards for height, open space, building intensity and public improvements;
D. Copies of legal documents required for dedication or reservation of public or private open space, or for the creation of homeowners’ associations for open space maintenance. [Ord. 772 § 17.99.090, 1986. Code 1987 § 17.99.090].
17.204.110 Criteria for reviewing specific plan.
Before recommending approval, the Planning Commission and City Council shall find that the proposed development conforms to the following criteria:
A. The location and design of the proposed development shall be consistent with the goals and policies of the City’s General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted.
B. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case.
C. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets.
D. The final specific plan shall identify a methodology(ies) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development.
E. The overall design of the specific plan will produce an attractive, efficient and stable development.
F. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of nonsignificance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. [Ord. 772 § 17.99.100, 1986. Code 1987 § 17.99.100].
17.204.120 Approval by ordinance.
Approval of the final specific plan and/or establishment of (SP) specific plan zoning shall be by ordinance. Approval of zoning to the specific plan zone shall include but not be limited to the following stipulations:
A. Unless otherwise specified in the final specific plan, the regulations provided in the City zoning code shall apply. Approval of the specific plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore Municipal Code, except in those areas where the specific plan expressly regulates a use.
B. The approved final specific plan shall be filed in the office of the City Clerk and in the City Planning Division.
C. No building shall be constructed, maintained or used other than for the purpose specified in the approved final specific plan as required hereinafter. [Ord. 772 § 17.99.110, 1986. Code 1987 § 17.99.110].
17.204.130 Specific plan approval, denial and modifications.
A. The Planning Commission may recommend to the City Council approval or denial of the specific plan, or may recommend approval subject to specified modifications and conditions.
B. The City Council may approve, approve with modifications or conditions, or deny the final specific plan; provided, that in overruling a Planning Commission recommendation for denial, the City Council shall make the findings listed in LEMC 17.204.110.
C. Minor changes to an approved final specific plan may be made by the Community Development Director; provided, that such changes are consistent with the purpose and character of the approved final specific plan.
D. Such minor changes shall not substantially deviate from the densities established in the approved final specific plan, or the boundaries of the subject property, or any use as shown on the approved final specific plan, or the locations or amounts of land devoted to specific land uses. All modifications or amendments to an approved final specific plan, other than said minor changes, shall be processed as a specific plan amendment and shall be subject to all specific plan procedures. [Ord. 772 § 17.99.120, 1986. Code 1987 § 17.99.120].
17.204.140 Concurrent actions.
The Planning Commission and the City Council may act upon a subdivision map and site plan for all or portions of the final specific plan concurrently with an approval action on the final specific plan. [Ord. 772 § 17.99.130, 1986. Code 1987 § 17.99.130].
17.204.150 Site plan and subdivision map review.
A. The purpose of a site plan is to provide the City with a detailed development plan that utilizes the development standards defined in the specific plan. The following criteria shall be applied to all portions of the specific plan requiring site plan review:
1. A topographic map of sufficient detail to show all cuts and fills, precise drainage and flood-control proposals, and boundary data;
2. Detailed site plan, showing lot or site dimensions; traffic and pedestrian circulation; location, widths, grades and types of improvements proposed for all streets, parking areas and driveways, walkways, trails, utilities and other public improvements; building height, location, size and proposed use; yards and space between buildings and distances from property lines and rights-of-way, walls and fences to include location, height and materials; location, size and height of all signs; and loading areas;
3. Building plans and elevations (typical);
4. A landscape, staking and irrigation plan;
5. A tentative subdivision map shall be submitted, if applicable, showing precise divisions of the land for the sale or lease of individual property, if any, as provided in the State Map Act and the City’s subdivision ordinance;
6. Location and dimensions of public and quasi-public areas, including but not limited to schools, parks, playgrounds and parking areas. The acreage of required open space and parks shall be based on the City code in effect at the time of tentative map filing;
7. A statement setting forth a program for installation and continued maintenance of parking areas; location and general design of lighting, courts, public and private rounds, landscaping, streets, utilities, parks, playgrounds or public or quasi-public community buildings and facilities.
B. Within 45 days following acceptance of the application for site plan approval, and after all environmental clearances have been obtained, the Planning Commission or Design Review Board shall approve, conditionally approve or disapprove the proposed site plan and shall notify the applicant of its action.
C. If the City Council does not review the application, as provided by existing City policy, an appeal of the Planning Commission action may be made to the City Council by the applicant in accordance with the appeal procedure of this district. [Ord. 772 § 17.99.140, 1986. Code 1987 § 17.99.140].
17.204.160 Site plan modifications.
Modifications, other than those determined by the Community Development Director to be minor in nature, shall be processed as a site plan amendment and shall be subject to all site plan procedures. [Ord. 772 § 17.99.150, 1986. Code 1987 § 17.99.150].
17.204.170 Dedication, maintenance of open space.
A. The Planning Commission or City Council, as the appropriate responsible reviewing body may, as a condition of approval, require that suitable areas for parks be dedicated or in-lieu fees be paid as determined for the entire specific plan area, and for schools and other public use facilities, land be reserved for public use, or be reserved for the owners and residents in the development by deed restrictions. Whenever group or common open space is provided, whether required or not, the Planning Commission or City Council shall, as a condition of approval, upon review, require that some provision be made for perpetual maintenance of such open space. The form of any instrument used to assure open space maintenance shall be approved by the City Attorney and Community Development Director 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 such perpetual maintenance. The City shall be a party in interest in any such development and may, by mandatory injunction or other appropriate actions, enforce the provisions of this district.
B. To assure that open space shall be available for the specific plan zone, public sites and transfer of development rights within the specific plan area in exchange for open space shall be dedicated in advance of development (prior to issuance of building permits) whenever such dedication is required, even in those cases when a subdivision map is not required. Other dedications for street, utility and 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. 772 § 17.99.160, 1986. Code 1987 § 17.99.160].
17.204.180 Tentative and final subdivision map.
A. A master subdivision map or parcel map, which purpose is to subdivide large parcels, may be prepared and submitted for approval to the City prior to individual site plan and tentative map approval. A grading permit based on all or a portion of this master subdivision map or parcel map may be issued after approval of such master subdivision map or parcel map. Such grading permit may be issued prior to approval of individual site plans.
B. A tentative subdivision map or parcel map, submitted in combination with or after approval of the site plan, shall not be approved for recordation by the City Council after the specific plan (SP) zoning and an approved final specific plan have become effective.
C. No building permit shall be issued until a final subdivision map or parcel map, if required, has been prepared for the site plan or any approved state thereof, in compliance with the State Map Act and the City’s subdivision ordinance. [Ord. 772 § 17.99.170, 1986. Code 1987 § 17.99.170].
17.204.190 Site plan and tentative subdivision map appeal.
The applicant may file a written appeal with the City Clerk within 15 calendar days from the date of the Planning Commission’s decision pursuant to the provisions of Chapter 17.180 LEMC. Such appeal shall be filed in duplicate with the Department of Community Development. The City Council shall consider the appeal at a regular meeting within 30 calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. The City Council shall review the site plan and shall approve, approve with conditions, or deny the application. [Ord. 1194 § 12, 2006; Ord. 772 § 17.99.180, 1986. Code 1987 § 17.99.180].