(a)

The intent of this article is to establish a specific plan zone and a uniform policy and procedure for the preparation, processing and review of specific plans. Specific plans are to provide for the classification and regulation of land use and development within specific project boundaries, and shall implement the goals and objectives of the general plan. Unless otherwise specified within the plan itself, it is intended that the specific plan will replace the base zoning district and that the development standards contained in the specific plan will take precedence over the Hemet Municipal Code, where applicable. Where the specific plan is silent regarding a development or improvement standard within the Hemet Municipal Code, the Hemet Municipal Code standard shall apply.

(b)

The specific plan zone is included in the zoning regulations to achieve the following purposes:

(1)

To promote and protect the public health, safety and welfare.

(2)

To minimize the intrusion of new development into environmentally sensitive areas.

(3)

To ensure the timely provision of essential public services and facilities consistent with the demand for such services.

(4)

To promote a harmonious variety of housing choices and commercial and industrial activities.

(5)

To attain a desirable balance of residential and employment opportunities, a high level of urban amenities, and preservation of natural and scenic qualities of open space.

(6)

To facilitate quality development within the city by permitting greater flexibility and encouraging more creative and aesthetically pleasing designs for major urban development projects subject to large scale community planning.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

(a)

Specific plans shall be prepared and adopted by ordinance pursuant to this article and in accordance with Government Code Sections 65450 et seq., and shall be the official zoning of the city for the subject property. The specific plan number shall appear on the official zoning map of the city for each specific plan area.

(b)

The specific plan (SP) zone may also be established as pre-zoning on properties prior to the actual submittal and adoption of a specific plan for the property, as an indication of the future requirement for a specific plan. In this event, the SP zone designation shall also include a sub-designation that reflects the existing general plan land use classification(s) for the property.

(c)

The SP zone is considered consistent with all land use designations in the general plan, provided that the densities and land uses allowed in the specific plan do not exceed the adopted general plan designations for the property.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

(a)

The uses, types of development, and development standards and guidelines in a specific plan shall replace the base zones for the subject property, and shall take precedence over the general land uses and standards in the zoning code unless otherwise indicated in the specific plan document.

(b)

Agricultural uses occurring on a property at the time of the adoption of a specific plan zone or pre-zone may continue as a conforming use until such time that development under the specific plan is activated, or as otherwise provided pursuant to the phasing and implementation provisions of the applicable specific plan document.

(c)

Properties located within the Hemet-Ryan Airport Influence Area are subject to the criteria included in the applicable airport land use compatibility plan, which may further limit permissible uses, densities and intensities of use, and/or heights of structures, depending upon site location.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

(a)

A specific plan may be utilized for a variety of development projects including residential, commercial, industrial, institutional and public facilities projects.

(b)

The maximum number of dwelling units within a specific plan district shall not exceed the number of units indicated by the general plan, provided that the distribution of units within the specific plan and on any individual site shall be governed by the specific plan land use plan and any density transfer provisions related thereto.

(c)

All public and master planned streets within or abutting the development shall be dedicated and improved to city specifications for that particular classification of street. Private streets within the development shall be permanently reserved and maintained for their intended purpose by means acceptable to and enforceable by the city.

(d)

Development within a specific plan district shall relate harmoniously to the topography of the site, shall make suitable provisions for the preservation of water courses, drainage areas, rough terrain and similar natural features, and shall otherwise be so designed inasmuch as possible, to use and retain natural features and amenities.

(e)

Development within a specific plan district is subject [to] pre-application review as provided in section 90-49 and site development review as provided in section 90-48. Development of the site and structures shall be consistent with all applicable design guidelines.

(Ord. No. 1874, § 1(Exh. A), 1-14-14; Ord. No. 1900, § 5(Exh. 2), 4-14-15)

(a)

The application for a specific plan shall be accompanied by a fee or deposit in the amount established by resolution of the city council. The fee or deposit shall not exceed the reasonable cost of providing the service for which the fee is charged.

(b)

In the event the city undertakes the work and responsibility for development of a specific plan, it shall prepare a complete cost break down and submit it to the city council at the time the specific plan is presented to council for adoption. The council may impose a special fair share cost reimbursement fee or funding program upon persons seeking approvals which are required to be in conformity with the specific plan. The amount of the fee shall be established so that in the aggregate they defray, but as estimated do not exceed, the cost of preparation, adoption and administration of a city initiated and funded specific plan.

(c)

The application for a specific plan or amendment shall be filed in accordance with forms provided by the community development department, including the application requirements and specific plan contents identified in this chapter. The director and the staff design review committee (DRC) shall review the draft plan and application submittal to determine completeness and consistency with this article. Incomplete applications shall be returned to the applicant with suggested revisions to insure compliance.

(d)

The draft specific plan or amendment shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) and the city's local guidelines for implementing CEQA.

(e)

If the specific plan or amendment includes land within the Hemet-Ryan Airport Influence Area, the specific plan or amendment shall be submitted to the Riverside County Airport Land Use Commission for a determination as to consistency with the airport land use compatibility plan. Minor specific plan amendments that are considered to have a "non-impact" on airport operations and are consistent with the airport land use compatibility plan may be considered administratively by the airport land use commission (ALUC) director for a determination, subject to the application and submittal requirements for a non-impact legislative review by the ALUC.

(f)

Upon determination of a completed application, including satisfaction of the requirements for environmental review the application shall be scheduled for a noticed public hearing before the planning commission.

(g)

Pursuant to the provisions of this article, the planning commission shall make a recommendation to the city council regarding the specific plan application. The city council shall consider the planning commission's recommendation at a duly noticed public hearing and take final action on the application to approve, deny or modify the specific plan. Adoption of the specific plan shall be by ordinance of the city council.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

The specific plan application shall consist of the application form, a specific plan narrative text, including a diagram or diagrams, and additional supporting documentation as required as required by the community development director or his or her designee. Within the text, specific information and analysis is required as outlined below. The contents and organization of the document may be modified, as appropriate, subject to the approval of the community development director.

(a)

Existing conditions.

(1)

Provide a boundary survey map of the property and a calculation of the gross land area within the proposed district. A tentative tract map may be substituted if the applicant proposes to subdivide the property currently with the specific plan approval.

(2)

Provide a topographic map and general grading concept plan with specific sections for environmentally sensitive areas, for the property and adjacent land within 100 feet of the property, shown at contour intervals not to exceed five feet.

(3)

Provide maps and supporting tabulations showing the current general plan land use designation, the current zoning classification, the location of the project site in relationship to airport compatibility zones if within the Hemet-Ryan Airport Influence Area, and the current land use within the proposed SP zone, including open space, and on adjacent sites within 300 feet of the proposed SP zone. The location of structures and other significant improvements shall be shown. Discuss existing land uses within and surrounding the project site.

(4)

Provide an analysis of the site characteristics as follows:

a.

Show and discuss the major physical features relating to the site (e.g., drainage ways, waterways, known geologic hazard areas, main transportation corridors, perimeter roads, wells, utility stations, canals, etc.).

b.

Identify existing easements, rights-of-way, and related improvements (such as utilities, canals, streets, etc.) on the site.

c.

Identify all areas with a slope of more than ten percent. Illustrate the slope analysis.

d.

Identify soil types and any limiting characteristics for development.

(b)

General plan consistency. The specific plan shall demonstrate the relationship of the specific plan to the general plan by discussing:

(1)

A general plan consistency analysis, including the effect of the development proposed on each element of the general plan.

(2)

Proposed standards and criteria for development which will ensure conformity with the specific goals, policies and implementation programs of each element.

(c)

Development concept.

(1)

Discuss the nature and intent of the proposed development. Identify development objectives.

(2)

Provide a land use plan identifying sub-areas within the proposed specific plan and uses to be developed therein. Discuss the need for the various land uses proposed in relationship to development trends and population projections for the area. If a market feasibility study was completed, it may be included as an appendix or submitted under separate cover. Discuss the rationale for the amount and type of each proposed land use.

(3)

If the specific plan proposes residential or mixed land uses, discuss the projected population of the development including the following information:

a.

Average number of people per unit.

b.

Total dwelling units and population of the development for each phase.

c.

A ratio of the potential number of jobs created versus the housing provided (job-housing balance).

(4)

Identify the residents to be served by commercial development and any long-term employment opportunities which will result from the provision of commercial or industrial development.

(5)

Provide tables and maps showing the following information for all residential, commercial and industrial land uses, recreational and community facilities, open space, rights-of-way and easements:

a.

Breakdown of residential units by type and density.

b.

Number of acres for each land use and planning sub-area, including open space and recreation.

c.

Total acres of development.

(6)

Discuss the spatial arrangement of land uses to one another and the rationale for their location within the development.

(7)

Describe the measures taken to buffer or screen potentially incompatible uses on and off-site, and to transition from one intensity or density of land use to another.

(d)

Infrastructure and phasing plan.

(1)

Provide a phasing plan indicating the areas to be developed in each phase and the anticipated time schedule for beginning of construction and for completion of each phase of development including a pro rata share of amenities, parks and open space. This is a generalized schedule and may be adjusted according to market constraints as the community develops. Note by graphics and text the infrastructure required for each phase.

(2)

Provide a circulation plan, showing existing and proposed public and private streets, pedestrian ways, bike paths, trails, and related transportation access or circulation features required to serve the proposed development. The circulation plan shall be supported by schematic designs of principal traffic and circulation improvements, and such traffic engineering data as required by the city engineer to demonstrate that existing and proposed facilities, both within and outside the zone, shall be adequate to serve land uses proposed by the development plan. Identify the classification of each street and include a cross-section of each type. Note which streets will be public and private.

(3)

Discuss how the proposed development will impact existing transportation corridors. Also describe any proposed improvements by the developer or the city to these corridors or perimeter streets.

(4)

Provide an overall plan describing anticipated requirements and proposed means of providing utility facilities and public services, including but not limited to, storm drainage, sewage disposal, water supply, parks and recreation, fire protection, and school facilities. Detailed plans shall be included showing the existing and proposed location of all facilities.

(5)

Prepare a utility service plan comprised of graphics and text that includes the following topics. The plans shall identify off-site connections and improvements as well as on-site.

a.

Water. Provide a water system plan summary. Identify service needs, system capacity, and location of major lines.

b.

Sewer. Provide a sewer system plan summary. Identify service needs, system capacity, and location of major lines. All detailed information should be in the appendix.

c.

Drainage. Provide a summary of the preliminary drainage plan which identifies how on-site and off-site drainage will be handled. Include all detailed information in the appendix.

(e)

Development standards. The text shall describe the basic land use regulation, site development regulations and performance standards designed to govern each use area identified by the land use plan. The text shall be as comprehensive as necessary to establish basic provisions and regulations which shall govern subsequent approval of specific tracts or developments within the specific plan. The text shall include, but not be limited to, the following provisions:

(1)

A listing of allowable uses within each use area, including such qualifying descriptions or definitions and requirements for conditional use permits as may be applicable.

(2)

Maximum and minimum regulations, as appropriate governing residential density, site coverage, lot size and dimensions, yard requirements, usable open space, landscaping and performance standards.

(3)

Required yards, landscaping or other site development regulations to be applicable adjacent to other zoning districts at the perimeter of the specific plan and boundaries.

(f)

Design guidelines.

(1)

A discussion of the architectural, landscaping, streetscape and other urban design features for development within the specific plan. The discussion of standards and concepts shall be specific in nature and refer to both the community design elements and theme and to the design of individual sub-areas. Streetscape design concepts shall include, but not be limited to, plant pallets, landscaped lots and medians, fence and wall material and placement, lighting, street furniture and equipment screening.

(2)

Supplemental illustrations as required, establishing the basic community architectural character, environmental character and environmental design qualities to be attained throughout the specific plan and within particular portions of the district.

(3)

For properties having natural slope areas prior to grading of 15 percent or more, and which propose development in these areas, hillside development standards shall be prepared and included in the document. The standards shall include, but not be limited to, measures to minimize grading impacts, fuel modification and erosion control landscaping, modified street standards, if necessary, drainage structures compatible with the landform, fencing details, and maximum height or percent of slope in yard areas and landscape lighting and maintenance districts (LLMD).

(g)

Implementation of the plan.

(1)

Include a facilities financing plan discussing the availability of public facilities, the extent of any new facilities and associated costs and the method of financing the facilities and infrastructure. Provide documentation supporting the conclusions reached and how the financing plan will be implemented for each successive phase.

(2)

Discuss the role of the developer, residents, and others in providing, operating, and maintaining services, utilities, community facilities, and other development-related improvements (e.g., streets, open areas, recreational facilities, etc.).

(3)

Provide a program for the conservation, development and utilization of all open space areas and other natural resources, as applicable.

(4)

The text shall include a section regarding implementation procedures, including but not limited to, the process for site development review, density transfers, amendments and variances.

(h)

Additional studies.

(1)

Depending upon the scope and complexity of the project, the community development director may require submission of additional information or studies deemed to be necessary by the director based upon the characteristics of the site and surrounding area, the nature of the proposed land uses, or other elements of the plan as proposed.

(2)

The director may require the submission of a competently prepared housing market analysis, demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the submittal requirements for the specific plan, or may be requested as part of the environmental assessment.

(3)

The director may require submission of a competently prepared commercial market analysis for any proposed shopping center or major commercial uses, showing the need for such uses in the location request and the inadequacy of existing sites to meet this need. The market analysis shall include, but not be limited to, the following:

a.

Determination of potential trade area.

b.

Estimates of existing and future population of the trade area.

c.

Determination of existing and potential effective buying power in the trade area.

d.

Determination of the net potential customer buying power for the proposed commercial development.

Such analysis may be requested as a part of the submittal requirements for the specific plan, or may be requested as a part of the environmental assessment.

(4)

The community development director may require a fiscal impact report (under separate cover), which identifies the municipal costs associated with the development, including staffing, operation and maintenance, and all revenue sources and estimates relating to the development. The analysis shall include a tabular projection comparing costs and revenues by each project year to buildout. The report shall identify in detail all assumptions used and provide calculations to support the cost/revenue estimates.

(5)

If the project includes an annexation request, a fiscal impact report is mandatory and shall also outline and evaluate the current costs and revenues occurring under the existing jurisdiction.

(6)

If the project is located within the Hemet-Ryan Airport Influence Area, the community development director may require the submission of an airport land use compatibility study and/or submission to the Riverside County Airport Land Use Commission for a determination as to its consistency with the Hemet-Ryan Airport Land Use Compatibility Plan.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

The planning commission shall recommend approval, denial or modification to a specific plan by an affirmative vote of not less than a majority of the total voting members. A copy of any specific plan amendment recommended pursuant to this article shall be submitted to the city council, accompanied by a resolution stating the commission's reasons for such recommendation.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

The city council may approve, deny or modify the specific plan. The specific plan shall be adopted by ordinance and become effective 30 days following the second reading of the ordinance.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

A specific plan shall not be approved or amended unless the following findings are made:

(1)

The specific plan or amendment systematically implements and is consistent with the general plan.

(2)

The specific plan or amendment provides for the development of a comprehensively planned project that is superior to development otherwise allowed under the conventional zoning classifications.

(3)

The specific plan or amendment provides for the construction, improvement, or extension of transportation facilities, public utilities and public services required by the long-term needs of the project and/or other area residents, and complements the orderly development of the city beyond the project's boundaries.

(4)

The specific plan or amendment provides for the appropriate orientation and relationship between land use within and adjacent to the project.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

(a)

A specific plan text and map may be amended in the same manner as the specific plan adoption and may be amended as often as deemed necessary by the city council. Amendment of a specific plan shall be subject to the same findings as prescribed for initial enactment of a specific plan, and shall be consistent with the original intent and overall provisions of the adopted specific plan.

(b)

An amendment to a specific plan text and map may be initiated by the city planning commission or the council, or by a private proponent.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)

(a)

No subdivision map, use permit, site development review, grading permit, local public works project, or zoning ordinance may be approved within the area covered by a specific plan unless it is consistent with the adopted specific plan.

(b)

Each specific plan shall contain the procedures and requirements by which the plan is implemented and administered.

(c)

Because the specific plan is a regulatory document adopted by ordinance, all development standards contained therein shall be enforceable by law.

(Ord. No. 1874, § 1(Exh. A), 1-14-14)