Chapter 17.108 — PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

The Planned Unit Development (PUD) Overlay District establishes a process to permit creative mix of uses within a physically integrated and contiguous area that is smaller than generally appropriate for a specific plan. The PUD overlay district is intended to provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying base district and to allow the mixing and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the General Plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another

use; provided, that through proper planning, buffering and design of the project, potential incompatibilities are mitigated or eliminated.

It is the intent of the PUD overlay district to provide an opportunity for combining residential, retail, commercial and office uses within a single structure or by clustering such uses in close proximity to each other. This mix of land uses promotes multiple activities, such as residential and business activities, and an increased degree of pedestrian orientation on suitable sites consistent with General Plan objectives beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips.

(Code 1987 § 17.37.010; Ord. 1248 § 1, 2008)

This chapter shall be known and may be cited as the Lake Elsinore PUD Overlay Zoning Ordinance. (Code 1987 § 17.37.020; Ord. 1248 § 1, 2008)

The PUD overlay district may be applied to any property of a minimum area of one net acre within any zoning district throughout the City of Lake Elsinore. (Code 1987 § 17.37.030; Ord. 1248 § 1, 2008)

Permitted, accessory and conditional uses within a PUD are generally the same as those allowed within the underlying base zoning districts. However, the PUD may include combinations of other uses that may complement the uses of the underlying base zoning districts. The permitted uses shall be those approved in the PUD plan. (Code 1987 § 17.37.040; Ord. 1248 § 1, 2008)

Applications for PUD designations shall be accompanied by a zoning amendment request and a PUD plan.

• A. The procedures for applying the Planned Unit Development Overlay District to any properties shall be the same as described in LEMC § 17.415.040 for zoning amendments.

• B. When a PUD overlay district application is filed, the applicant shall also concurrently file a PUD plan containing, but not limited to, the following information prepared and endorsed by a professional team:

  1. A site plan, showing building(s), various functional use areas, parking and circulation.

  2. The development standards for PUDs are generally the same as for the underlying base zoning district. However, modifications to those standards may be approved as part of the PUD plan in order to allow for greater flexibility and compatibility with the General Plan. Variations to the base standards shall be described in the PUD plan. Examples of development standards include, but are not limited to, building heights, setbacks and parking requirements.

  3. Preliminary building plans, including floor plans and exterior elevations.

  4. Landscaping plans, including a plant palette.

  5. Lighting and signage plans.

  6. Civil engineering plans, including site grading, public rights-of-way and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines.

  7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines.

  8. Other information or applicable materials as may be deemed necessary by the Director.

• C. Notices and Public Hearings. Notices and public hearings regarding an application for a PUD and PUD plan, or a modification to an approved PUD plan, shall be provided in compliance with Chapter 17.410 LEMC.

• D. Review Authority. A PUD plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the City Council, after consideration of the Planning Commission's recommendation.

(Code 1987 § 17.37.050; Ord. 1248 § 1, 2008; Ord. 1415 § 3 (Exh. F §§ 46, 47), 2019)

The Planning Commission, in conjunction with a public hearing, shall review and make recommendations to the City Council regarding the PUD plan. The City Council, after a public hearing, may approve, conditionally approve, or disapprove a PUD plan. A PUD plan may be approved, provided the facts submitted and evaluated during the review process support the following findings:

• A. The proposed PUD plan can be substantially completed within four years.

• B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided that such objective will be attained.

• C. The proposed uses will not be substantially detrimental to present and potential surrounding uses, but will have a beneficial effect.

• D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network.

• E. The proposed development is compatible with the surrounding area.

• F. The types and locations of any proposed commercial development can be economically justified.

• G. The PUD plan is in conformance with the General Plan, or a concurrent General Plan amendment in process.

• H. The mix of uses provides an increase in housing opportunities for the community and implements the objectives of the Housing Element of the General Plan.

• I. Any exception from the standards and requirements of this title is warranted by the design and amenities incorporated into the PUD plan. The exceptions are also desired by the City Council.

• J. Existing and proposed utility services are adequate for the proposed uses.

K. The PUD plan has complied with all applicable City requirements. (Code 1987 § 17.37.060; Ord. 1248 § 1, 2008)

• A. Term. An approved PUD plan shall expire four years from the date it was approved by the City Council.

• B. Extensions. The four-year term for a PUD plan may be extended in one-year increments, not to exceed three extensions; provided, that the applicant submits a written extension request to the Community Development Department at least 30 days before the expiration of the PUD plan, or any extension thereof. Extension requests shall explain the reasons why the extension is necessary. Upon receipt of the extension request, the Community Development Director or designee shall refer the extension request to the Planning Commission and City Council for public hearing. It shall be in the City Council's discretion whether or not to grant extension requests.

• C. Amendment. Amendments to approved PUD plans shall follow the same procedure that was followed when the plan was adopted.

• D. Minor Modifications. The Director of Community Development may administratively approve minor changes or alterations to an approved PUD plan, subject to appeal which shall be filed within 15 days of the Director's decision, provided the Director makes the following findings:

  1. The proposed changes are consistent with the intent of the approved PUD plan.

  2. The proposed changes will not adversely impact the environment.

  3. The proposed changes will not be detrimental to the surrounding uses.

  4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development.

  5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved PUD plan.

If the Director determines that the above findings cannot be made, then the request shall be considered a major change, and referred to the Planning Commission for review at a public hearing, and to City Council for review at a public hearing.

• E. Repeal. Any adopted PUD plan may be repealed by the same procedure as the PUD plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a PUD, the City Council, with a recommendation from the Planning Commission, shall find that the PUD is no longer necessary for the orderly and systematic implementation of the General Plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan.

(Code 1987 § 17.37.070; Ord. 1248 § 1, 2008)

The following PUD overlays cannot be effectively incorporated into the Municipal Code, have been approved by the City and are designated on the official zoning map of the City:

• A. Reserved.

• B. Future PUD overlays shall be numbered consecutively, whether incorporated into the Municipal Code or adopted as uncodified ordinances, and shown on the official zoning map of the City with the prefix "PUD."

(Code 1987 § 17.37.080; Ord. 1248 § 1, 2008)