A specific plan is intended to provide a base designation for properties to further implement the goals, objectives and policies of the General Plan with respect to specific areas and uses which by their unique character require a more comprehensive and intense evaluation and planning effort. Specific plans provide development flexibility for innovation in land use mixes, site design, development concepts and building types.

(Ord. 1185 § 3 (part), 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1652, § 4, 5-15-2018)

A.

.....The provisions in this section shall apply to all areas designated in the City of San Clemente General Plan Land Use Element as requiring a specific plan, including the following:

1.

Properties for which a specific plan has not been prepared, but for which a specific plan is required prior to development in accordance with the City's General Plan; and

2.

Properties for which a specific plan has been prepared and adopted by the City Council, and which are currently designated with the name of their specific plan.

B.

.....Notwithstanding anything else in this code or in a specific plan:

1.

Any project proposed in a specific plan under the authority of Government Code § 65852.21 is subject to Chapter 16.50.

2.

Any project proposed in a specific plan under the authority of Government Code § 66411.7 is subject to Chapter 17.86.

C.

.....Properties for which a specific plan has been prepared and adopted by the City Council, and which are currently designated with the name of their specific plan.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023)

Adoption and/or amendment of a specific plan shall occur in accordance with the provision for specific plans and specific plan amendments described in Section 17.16.030, Specific Plan Adoption and Amendments, of this title.

The adopted specific plan shall operate as the zoning regulations for the subject property.

(Ord. 1172 § 3 (part), 1996)

A.

Determination of Land Uses and Development Regulations. .....Precise locations of land uses and development regulations within the SP Zone shall not be fixed or predetermined until a specific plan has been adopted by the City in accordance with Section 17.16.030, Specific Plan Adoption and Amendments, of this title.

B.

Limitations on Grading Permits, Building Permits, and Land Use Permits. .....No Grading Permits, Building Permits, or land Use Permits, or other development entitlements, shall be issued for any property with an SP designation prior to the adoption of a specific plan for the property, unless such permits or entitlements are solely for emergency measures, restoration or remedial maintenance and do not in any way predispose the future use of the land.

C.

Scope of Specific Plan.

1.

Each specific plan shall include the specific land uses, standards and criteria necessary for the development, maintenance and use of the subject property, in compliance with the policies and programs of the General Plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement or supersede the City's Zoning Ordinance.

2.

New specific plans and amendments to existing specific plans may be required, at the City's discretion, to include standards and a financing program for the installation of public facilities and utilities, schools, flood control and transportation facilities, and other public and private improvements and facilities related to the specific plan.

3.

Specific plans shall address the applicable portions of State law related to the preparation of a specific plan.

D.

Amendment of the Zoning Ordinance and Map. .....Adoption of a specific plan shall include an amendment to the Zoning Ordinance and Zoning Maps in accordance with Section 17.16.040, Zoning Amendments, of this title. Each specific plan shall be named. The Zoning Map shall not indicate the land use designations within the specific plan, but shall show the letters "SP" and an abbreviation of the specific plan name. Thereafter, all land use, development and improvements shall conform to the provisions of the adopted specific plan.

E.

Inclusion of Specific Plan Text and Maps. .....Adoption of a specific plan shall include the incorporation of the specific plan text and maps as an appendix to the Zoning Ordinance.

F.

Reference of Specific Plan Text and Maps. .....Adoption of a specific plan shall require the amendment of Table 17.52.060, Adopted Specific Plans, of this chapter to include a reference to the new specific plan.

G.

Development Agreements. .....Specific plans shall not be required to but may be accompanied by development agreements. Approved development agreements related to specific plans are listed in Table 17.52.060, Adopted Specific Plans, of this chapter.

H.

Requirements Not Specified. .....The standards in the Zoning Ordinance shall apply when development standards are not specified within individual specific plans. Any use that is not expressly permitted or prohibited in a specific plan is subject to the City's general zoning ordinance. This includes, among other things, the citywide prohibition on all cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, and all marijuana dispensary, marijuana manufacturer, marijuana delivery, and marijuana testing laboratory uses.

I.

Zoning Applications and Review Procedures. .....Specific plans shall identify when a proposal requires zoning approval and refer to this Zoning Ordinance for applications, submittal requirements and general review procedures, unless specific procedures are designated in a Specific Plan. If a Specific Plan requires approval of an application unaddressed in Chapter 17.16, the current procedures and applications within this Title shall apply.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1613, § 5(Exh. A, 10), 1-19-2016; Ord. No. 1632, § 3(Exh. A, § 11), 11-15-2016; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1652, § 4, adopted May 15, 2018, repealed § 17.52.050, which pertained to requirements for the North Beach Study Area and derived from Ord. 1185 § 3 (part), adopted in 1997 and Ord. 1172 § 3 (part), adopted in 1996.

As of the date of the adoption of this Zoning Ordinance, the following specific plans have been adopted by the City. Complete specific plans are provided as a separate appendix to this title.

Table 17.52.060
Adopted Specific Plans

(Ord. 1304 § 28, 2005; Ord. 1185 § 3 (part), 1997; Ord. 1172 § 3 (part), 1996; Ord. No. 1652, § 4, 5-15-2018)