HomeMy WebLinkAboutOrd. No. 1982-652ORDINANCE NO. 652
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AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADDING CHAPTER 17.37, PLANNED UNIT DEVEL-
OPMENT OVERLAY DISTRICT, TO THE LAKE ELSINORE
MUNICIPAL CODE, ESTABLISHING GUIDELINES AND
REVIEW CRITERIA FOR PLANNED UNIT DEVELOPMENT
PROPOSALS.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOR-
NIA, DOES ORDAIN AS FOLLOWS:
SECTION ONE:
There is hereby added to the Lake Elsinore Municipal
Code Chapter 17.37, Planned Unit Development Overlay District,
and the following sections:
Section 17.37.-010 - Purpose.
It is the intent of this chapter to achieve development
superior to that which can be achieved through the
application of conventional development standards.
Specifically, the purposes of this section are:
A. Greater administrative flexibility in administrative
review of development plans and designing development
plans.
B. Minimum disruption and maximum utilization of natural
site resources.
C. The allowance of mixed land uses where desirable and
compatible.
D. The encouragement of diversity in housing types,
styles and price-ranges.
E. The permitting of density transfer to encourage
efficient design and land planning.
F. The encouragement of excellence through density
bonuses.
G. Insure that projects develop in accordance with the
General Plan and all applicable specific and master
plans.
H. Provide a method to approve separate ownership of
units within multiple unit buildings or upon a parc
1 of land containing more than one (1) unit.
2 I. Provide 'for a method to approve separate ownership
3 of Planned .Unit Development (P. U.D.) lots as defined
4 herein.
5 J. Regulate the design and location of buildings in
g condominium subdivisions to ensure that the quality
7 of development is reasonably consistent with other
g forms of development intended for separate ownership.
g K. Provide for conversion of existing development to
10 condominiums provided .such conversion meets the
11 intent of this chapter and standards which apply to
12 units constructed as condominiums.
13 Section .17.37.0'15 -Scope.
14 A. The Planned Unit Development (P.U.D.) is intended
15 to provide development guidelines. and a vehicle for
16 development review.. The Planned Unit Development
17 shall act as an overlay. district and, as such, all
18 development review shall be conducted simultaneously
19 with project proposals, utilizing zone change
20 procedures.
21 B. The maximum density of a Planned Unit Development
22 project shall be determined by the General Plan for
23 the particular property.
24 C. The .adequacy of all development proposals in meeting
25 the requirements of this section .shall be determined
26 by the Planning Directorm
27 D. Unless specifically changed as part of the Planning
28 Commission and City Council. finding provided under
29 Section 17.37.080, all adopted City ordinances,
30 standards and policies apply to a Planned Unit
31 Development project, including .those set forth in
32 the Lake Elsinore General Plan.
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Section 17.37.-O B0 - Definition.
For the purpose of this section, the following words
and phrases shall have the meaning indicated:
A. "Homeowners Association." A private organization
composed of residents within the Planned Unit
Development project which may own common property
and shall be responsible for the maintenance and
management of commonly owned property.
B. "Open space." The total area of land and/or water
within boundaries of a Planned Unit Development
designed and intended for use and enjoyment as
open space areas.
1. Open space includes:
(a) Area of the site hot covered by buildings,
paved areas, or accessory structures
except recreational structures.
(b) Land which is accessible and available to
all occupants of dwelling units for which
use of the space is intended.
2. Open space does not include:
(a) Proposed and existing street right-of-way
and private streets.
(b) Open parking areas, private drives/drivewa
(c) Building area within school sites.
C. "Open space, common." Open space within a Planned
Unit Development owned, designed and set aside for
use by all occupants of the Planned Unit Develop-
ment. Common open space is not dedicated to the
public and is owned and maintained by a private
organization made up of the open space users.
D. "Open space, private." That open space directly
adjoining the living areas of dwelling units, which
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is intended for the private enjoyment of the resi-
dents of the dwelling unit. Private open space
shall. in some manner be defined such that its
boundaries are evident.
E. "Planned Unit Development." An area of land,
controlled by the applicant to be developed as a
single, unified project which meets the standards,
regulations, criteria and intent set forth in this
section.
F. "Project." The total Planned Unit Development area,
with boundaries as defined in the development plan.
G. "Private streets." Shall mean the streets and
roads .within the project, used for general travel,
not dedicated to the public and shall not be con-
strued to mean driveways, alleys or parking areas.
Section 57,3.7-.02b - P3-a-tined Development Permit. A
Planned Development Permit shall apply to residential
projects only. The City Council, Planning Commission
or Planning Director, as provided in this chapter, may
approve a permit for a Planned Development in any resi-
dential zone or combination of zones subject to the
requirements thereof, except as they may be modified in
accord with this chapter. .When approved, a Planned
Development permit shall become a part of the zoning
regulations applicable to the subject property.
The :application for a Planned Development shall state
whether the applicant intends to develop the project
as a Planned Unit Development, Condominium Project,
Stock Cooperative Project, or Community Apartment Pro-
ject. For purposes of this chapter, a Planned Unit
Development is defined by Section 11003 of the Business
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and Professions Code of the State, a condominium project
is defined by Section 1350 of the Civil Code of the State,
a stock cooperative project is defined by Section 1103.2
of the Business and Professions Code of the State and a
community apartment project is defined by Section 11004
of the Business and Professions Code of the State.
Section .17.37.030 - Permitted Uses. Any principal use,
accessory use, transitional use or conditional use
permitted in the underlying zone is permitted in a
Planned Development. In addition, the Planning Com-
mission or City Council may permit attached multi-
family units as part of a Planned Development in any
single-family zone if they find that the units are
developed in a manner that is compatible with surround-
ing land uses, will not create a disruptive or adverse
impact to the neighborhood and are consistent with the
purpose and intent of the underlying zone.
Section 17.37.04-0 - Application.. Application for a
permit for a Planned Development shall be made in
accordance with the procedures set forth in this
section:
A. An application for a Planned Development permit may
be made by the record owner or owners of the pro-
perty affected or the authorized agent of the owner
or owners. The application shall be filed with the
Planning Director upon forms .provided by him. The
application shall state fully the reasons a Planned
Development is a proper method to develop the pre-
perty and shall be accompanied by adequate plans
which allow for detailed review pursuant to this
chapter, a legal description of the property and
all other materials and information specified by
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the Planning Director.
B. At the time of filing the application, the appli-
cant shall pay a processing fee in an amount
specified by City Council resolution.
C. The application may be accompanied by a tentative
map which shall be filed with the Planning Director.
in accordance with procedures set forth in Section
16.24 of the Lake Elsinore Municipal Code.
D. If the applicant contemplates the construction of
a Planned Development in phases, the application
shall so state and shall include a proposed phasing
schedule..
E. If the applicant proposes to convert existing
buildings to a Planned Development, the plans shall
reflect the existing buildings and show all pro-
posed changes and additions.
Section 17.37.050 - Transmittal to the Planning
Commission. The Planning Director shall transmit the
application for a Planned Development, together with
his recommendation thereon, to the Planning Commission
for public hearing when all necessary reports and pro-
cessing have been completed. An application may be
considered by the Planning Commission concurrent with
their consideration of any related discretionary permit.
Section 17.37.060 - Planning Commission Action. The
Planning Commission shall hold a public hearing on all
Planned Development permits. Upon review of the appli-
cation, the Planning Commission shall .approve, condi-
tionally approve or disapprove the request. The Plan-
ning Commission shall then prepare a report and recom-
mendation for the City Council. The report shall
include findings and recommendations on the matters
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set out in this chapter and shall be forwarded to the
City Clerk who shall set the matter for public hearing
before the City Council.
Section 17.37.070 - City Council Action. The City
Council shall hold a public hearing on a Planned Devel-
opment permit for which the .Planning Commission has filed
a report with the City Clerk. At the public hearing, the
City Council shall review the Planning Commission's
report, shall consider the matter and shall approve,:
conditionally. approve or disapprove the permit.
Section 17.37.080 -Required Findings.
A. The Planning Commission or City Council shall
approve or conditionally approve a Planned Develop-
ment permit only if it finds that all of the follow-
ing facts exist:
1. The granting of this permit will not adversely
affect and will be consistent with this Code,
the General Plan, applicable specific plans,
master plans, and all adopted plans of the City
and .other governmental agencies;
2. The proposed use at the particular location is
necessary and desirable to provide a service or
facility which will contribute to the general
well-being of the neighborhood. and the community;
3. Such use will not be detrimental to the health,.
safety or general welfare of persons residing or
working in the vicinity, or injurious to pro-
perty or improvements in the vicinity;
4. The proposed Planned Development meets all of
the minimum development standards set forth in
Section 17.37.100.
5. The proposed Planned Development meets all of
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the design criteria set forth in Section
17.37.090;
6. The proposed project is designed to be sensitive
to and blend in with the natural topography of
the site;
7. The proposed project maintains and enhances
significant natural resources on the site;
8. The proposed project is compatible with surround
ing development and. does not create a disharmon-
ious or disruptive element to the neighborhood;
and
9. The proposed project's circulation system is
designed to be efficient .and well integrated
with the project and does not dominate the
project.
B. In granting a Planned Development permit, the Plan-
ning Commission or City Council may modify the plan
or impose such conditions as it deems necessary to
protect the public health, safety and general wel-
fare. Any development standards of the underlying
zone in which the property is situated, including
yards, parking, coverage, signs, fences, and walls,
may be modified by the Planning Commission or City
Council as necessary to accomplish the purposes of
this chapter.
Section 17.37.090 - Design Criteria.
A. The Planned Development shall observe the following
design. criteria:
1. The overall plan shall be comprehensive,
imaginative and innovative embracing land,
buildings, landscaping and their relationships
which shall conform to adopted plans of all
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governmental agencies for the. area in which the
proposed development is located;
2. The. plan shall provide for adequate open space,
circulation, off-street parking, recreational
facilities and other pertinent amenities. Build
ings, structures and facilities in the parcel
shall be well-integrated, orientated and related
to the topographic and natural landscape feature
of the site;
3. The proposed development shall be compatible
with existing and planned surrounding land uses
and with circulation patterns on adjoining
properties. It shall not constitute a disrup-
tive element to the neighborhood or community;
4. The internal street system shall not be a domi-
nant feature in the overall design, rather it
should be designed for the efficient and safe
flow of vehicles without creating a disruptive
influence on the activity and function of any
common areas and facilities;
5. Common areas and. recreational facilities shall
be located so as to be readily accessible to
the occupants of the dwelling units and shall
be well related to any common open spaces
provided; and
6. Architectural harmony within the development
and within the neighborhood and community shall
be obtained so far as practicable.
Section 17.37.100 - Development Standards. In addition
to the geheral provisions of this title, the require-
ments of the underlying zones and this chapter, a
Planned Development shall comply with the following
standardsa
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A. Density. The bomber of dwelling units in a Planned
Development shall not exceed the density permitted
by the applicable underlying zone or land use. The
density regulations of the applicable underlying
zone or land use may be applied to the total area of
the Planned Development rather. than separately to
individual lots. In no cases shall the density be
inconsistent with the General Plan. In cases where
two (2) or more General Plan land use designations
fall within the boundaries of a Planned Development,
the density may be transferred from one General Plan
designation to another to accomplish residential
purposes of the General Plan Land Use Element.
B. Setbacks. '
1. Front Yard - front yard setbacks shall be
allowed to vary according to the provisions of
Section 17.37.090, but shall not be less than
five. (S) feet. Garages shall provide an auto-
matic garage door opener if they face onto a
private driveway or public right-of-way, if
they are .within five (5) feet of the property
line or as provided by subsection 3;
2. Corner. Lots - corner lots shall have a ten (10)
foot side yard setback from the side street;
3. All setbacks shall be measured from the property
line, or, in the case where individual property
lines are not present, at the edge of the street
curb or sidewalk,. whichever is closest to the
structure, subject to the setback requirement;
4. The distance between structures shall not be
less than ten (10) feet. Fireplace structures,
cornices, eaves, belt courses, sills, buttresses
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and other similar architectural features pro-
jecting from a building may intrude up to
two (2) feet into this ten (10) foot distance.
Open balconies .and eaves extending from floors
above the first floor may intrude into the
setback from driveways provided that such
balconies do not extend over the driveway.
Intrusions into the required setback shall not
be allowed if such intrusions inhibit traffic
circulation, provision of safety, sanitary or
other services, or are not compatible with the
design of the project;
5. Whenever possible, dwelling units shall be
arranged to take advantage of views and vistas
with consideration given to pleasing relation-
ships of building mass as well as solar access;
6. The Planned Unit Development shall be designed
to minimize the likelihood of criminal activity
by:
(a) Minimizing those areas that are neither
clearly private or public.
(b) Planting landscaping such that maximum
observation is obtained while providing
the desired degree of aesthetics.
7. Building height is regulated by the base
district; and
8. No structure for human .habitation shall be
placed in an environmentally hazardous, fragile,
or unique area.
C. Open Space.
1. The Planned Unit Development project shall have
a minimum of forty percent (40g) private and
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commom open space, including balcony area.
2. Each dwelling unit shall have a minimum con-
tiguous private open space area as follows:
(a) Ground Floor -- two hundred twenty-five
(225) square €eet.
(b) Upper-story dwelling unit with no ground
floor -- one hundred (100) square feet.
3. Provisions for the maintenance and management
of the common open space and common facilities
shall be reviewed and approved by the City
Council. Such approval shall be based on the
following criteria:
(a) The applicant shall obtain City Council
approval for establishment of a Homeowners
Association prior to the selling of any
lot or occupancy of any dwelling unit.
D. Bonus Items.
1. One hundred percent (1008) transfer of the
density indicated on the Lake .Elsinore General
Plan is permitted within the project, provided
all other performance criteria are met.
2. Transfer of density may include a transfer of
density from adjacent property for which devel-
opment restrictions in favor of this project
have been obtained.
(a) To be eligible for density transfer,
adjacent private lands must meet the
following criteria:
(i) Private lands from which the density
is being transferred should be free of
hazards or other physical constraints
that prohibit the construction of
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residential dwellings. if signifi-
cant environmental constraints are
located within properties which desire
to transfer development rights to
other areas, the City Council shall
make substantial Findings that such
areas shall remain in perpetual open
space and that the transferred den-
sities shall not cause a significant
impact upon their new location.
(b) All open space within the project utilized
for density transfer must be common open
space, except in the case. of total pro-
perty density transfer.
3. A bonus in dwelling-unit density, up to ten
.percent (l00) above that indicated ih the
General Plan for the area, may be granted by
the City Council provided one (1) of the follow-
ing criteria is met:
(a) A publicly valuable item is provided,
preserved or enhanced which would other-
wise require the expenditure of public
monies.
(b) A public or quasi-public item is provided
-above and beyond the normal expectations.
(c) An amenity, convenience or excellence is
provided above and beyond normal expecta-
tions.
4. In all cases, the granting of density bonuses
must further the purpose and intent of the
Planned Unit Development provisions of this
section.
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E. Circulation.
1. The vehicular circulation pattern shall be
designed such that:
(a) It provides adequate vehicular access to
and within the :project in accordance with
adopted City standards.
(b) It is coordinated with external transporta-
tion networks in terms of location and loads
(c) It is integrated with the natural land-
scape.
(d) It is designed such that noise levels from
vehicular traffic shall comply with the
Noise Quality Standards of the City of
Lake Elsinore General Plan.
(e) The Planned Unit Development project and
each phase thereof has two (2) points of
vehicular ingress and egress .from surround-
ing streets, one (1) of which may be
emergency only. where the applicant can
show that this is a physical impossibility,
this requirement may be waived by the City
Council.
(f) Private and/or public streets are acceptable
if they are built to acceptable City stan-
dards. In lieu of City standards, the City
may adopt, as part of the application,
alternative road standards upon City Council
approval.
2. The pedestrian circulation pattern shall be
designed such that:
(a) It is separated from vehicular traffic
where possible and designed to discourage
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pedestrian crossing of the vehicular net-
work, except at controlled points which
are designed for pedestrian safety.
(b) Hard-surfaced, safely lighted pedestrian
access to common open space, recreational
areas, community facilities and other
logical terminal points shall be provided.
3. All common off-street parking areas shall be
designed such that:
(a) They provide adequate, convenient, well-
marked,. and safely lighted parking.
(b) With the exception of building-enclosed
parking structures, they shall contain
appropriate landscaping to minimize the
effect of large areas of asphalt or con-
crete. Parking requirements are listed
in Section 1'7:37:6- of; Parkanr~ grdai~nce,,
Lake Elsinore Municipal Code.
Section 17.37.110 --Recreation Vehicle Storage.
A. Storage space to accommodate storage of recreational
vehicles (e.g., trailers), may be provided by the
developer. If the storage space is provided, it
.shall be .located in specifically designated areas
and made available for the exclusive use of the
residents of the project. The storage shall be
screened from view by a view-obscuring fence, wall
and/or landscaping as required by the Planning
Commission.
B. The storage bf recreational vehicles shall be pro-
hibited in the front yard setback, on any public
or private streets, or any other area visible to the
public. A provision containing this restriction
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9 shall be included in the covenants, conditions and
restrictions for the project.
C. If storage space is not provided for recreational
vehicles, the covenants, conditions and restrictions
recorded against the property shall. disallow the
storage of such vehicles and all potential home
buyers shall be notified of this condition prior
to purchase.
Section 17.37.120 - Final Planned Development Plan.
10 A. Building permits for construction within the pro-
11 posed Planned Development shall not be issued until
12 the applicant has filed and secured approval of a
13 final Planned Development plan.
14 B. The final Planned Development plan shall be sub-
15 mitted to the Planning Director prior to the
16 expiration of the tentative map or tentative parcel
17 map including within the. period of time of any
18 extensions on the map. The plan shall reflect all
19 required revisions and refinements. The final
2~ Planned Development plan shall include:
21 1. A final landscaping plan including methods of
22 soil preparation, plant types, sizes and loca-
23 tion; irrigation system plans showing location,
24 dimensions. and types; and
25 2. A plan for lighting of streets, driveway and
26 parking.
27 C. Where a Planned Development contains any land or
28 improvements proposed to be held in common owner-
29 ship, the applicant shall submit a declaration of
30 covenants, conditions and restrictions with the
31 final Planned Development plan. Such declaration
32 shall set forth provisions for maintenance of all
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common areas, payment of taxes and all other privi-
leges and responsibilities of the common ownership
and shall be reviewed by and subject to approval
by the Planning Director and City Attorney.
D. A final: Planned .Development plan may be submitted
for a portion of the development provided the City
Council approved the construction phases as part
of the permit and subdivision map approval. The
plan for the first portion must be submitted within
the time limits of this section. Subsequent units
may be submitted at later dates in accordance with
the .approved phasing schedule.
E. The City Engineer shall review the plan for con-
formity to the requirements of this chapter and the
Planned Development permit. If he finds the plan
to be in substantial conformance with all such
requirements, he shall approve the plan.
SECTION TWO:
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 24th
day of August 1982, upon the following roll call vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSI~dORTH
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th dat if September 1982, upon the following roll call
vote:
AYES: KNIGHT, MACMURRAY, TORN, VALENZUELA, UNSI<;ORTH
NOES : NONE
ABSENT; NONE
.ABSTENTIONS: NONE
ATTEST: ,~~1~+.. /~~e ~e°,•~'?e""~0
~ hn G. Uhsworth, Mayor
,~• i.
~~~/J' ~~ g % /S/ll/J2
Debora Harrin on Ci Clerk
(SEAL) -17-