Chapter 18.522 — SPECIFIC PLAN NO. 13

Note: Editor's Note: Exhibits and appendices relating to Specific Plan No. 13 are located at the end of this chapter.

Article I. General

The purpose of this specific plan is to promote residential amenities beyond those expected under a conventional development, to achieve greater flexibility in design, and to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development. Specific plan permits flexibility in site design and further encourages the preservation of natural features in open space through innovative design and land planning. Development standards are created specifically for the project area while ensuring substantial compliance with the intent of the provisions of this code. Development standards are proposed to achieve the following objectives:

• A. To minimize the alteration of existing landforms;

• B. To conserve the scenic qualities of the area;

• C. To provide an enriched residential environment with aesthetic cohesiveness, harmonious massing of structures, and interfacing of open space through the utilization of superior land planning and architectural design.

• (Ord. 792 § 1, 1983)

The adoption of Specific Plan No. 13 by the city is authorized by Title 7, Chapter 3 , Articles 8 and 9 of the California Government Code, Sections 65450 and 65507 . Under these provisions the planning commission may, or shall if so directed by the council, prepare specific plans based on the general plan and drafts of such regulations, programs and legislation as may, in the judgment of the planning commission, be required for the systematic execution of the general plan. Such a specific plan may include all detailed regulations, conditions, programs and proposed legislation which may be necessary or convenient for the systematic implementation of such element of the general plan. (Ord. 792 § 1, 1983)

Specific Plan No. 13 applies to the 3.7± acre area bounded by Cypress, Badillo and Valley Center Drive. The legal description for the property is attached as Exhibit A. (Ord. 792 § 1, 1983)

• A. Unless otherwise specified, all development within Specific Plan No. 13 shall comply with the provisions of this code. Terms used in this chapter shall have the same meaning as defined elsewhere in this code unless otherwise defined in this chapter.

• B. Any details or issues not specifically covered by this specific plan shall be subject to the regulations of this code.

• C. The approval of development within the specific plan area shall be governed by Section 65450 et seq., of the State Government Code.

• D. All construction within the boundaries of the specific plan shall comply with all provisions of the Uniform Building Code and the various mechanical, electrical and plumbing codes adopted by the city.

• E. An environmental impact report was not necessary as determined by the environmental impact evaluation board, because the associated impacts are less severe than those associated with the former zoning.

• F. The planning area is calculated in gross acres exclusive of major perimeter roadways.

• G. Any land use designation not specifically covered by Specific Plan No. 13 shall not be permitted.

• H. If any regulation, condition, program or portion thereof of the specific plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion and invalidity of such provision shall not affect the validity of the remaining provisions of this chapter.

• (Ord. 792 § 1, 1983)

Article II. Land Use Development Plan

The general location of the specified land use is shown on Exhibit B, land use development plan. All development within the specific plan area shall conform to Exhibit B and the development standards established in Article III of this chapter.

(Ord. 792 § 1, 1983)

The maximum number of allowable units for the area is thirty-nine townhouse units. (Ord. 792 § 1, 1983)

Land uses permitted in Specific Plan No. 13 are as follows:

• A. Townhouses;

• B. Open Space Uses. Noncommercial parks, gardens, playgrounds and other open space uses are permitted in the specific plan zone. Various noncommercial facilities such as clubhouses, swimming pools, tennis courts and horticultural conservatories may be included in such open space uses.

• (Ord. 792 § 1, 1983; Ord. 1226 § 1, 2014)

Incidental uses in Specific Plan No. 13 are as follows:

• A. Household pets as described and regulated in Chapter 18.20 Residential Zones Generally;

• B. Other uses similar to those stated in subsection A which the director of community development finds consistent with the spirit and intent of this specific plan.

• (Ord. 792 § 1, 1983; Ord. 1226 § 1, 2014; Ord. 1324, 6/10/2025)

The following development standards shall apply:

• A. Site Area. The minimum gross site area shall be 3.5± acres.

• B. Density. The total number of allowable dwelling units is thirty-nine as established in this specific plan. The density for the property may not exceed 10.4 dwelling units per acre. Lot sizes and dimensions for the planning area shall be as established and approved on the site plan and tentative tract map. Each residential unit shall have a minimum size of one thousand three hundred square feet.

• C. Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than one-third of the gross area of the specific plan.

• D. Type of Structures. Dwelling units may be attached single-family dwelling units, provided that not more than four such units shall be attached in any manner so as to form a single building.

• E. Yards.

  1. Perimeter Street Setback. Setback from the perimeter street right-of-way to the main structure shall be a minimum of twenty-five feet. Patio structures may encroach into the required setback a maximum of ten feet, provided the structures are open on three sides and the roof material is only composed of lattice;

  2. Driveway Setback. Setback from the interior street right-of-way to the garage structure shall be a minimum of eighteen feet;

  3. Building to Street Setback. Setback from interior street right-of-way shall be a minimum of ten feet.

• F. Fences and Walls. Fences and walls shall be as shown on the approved development plan.

• G. Off-Street Parking. The provisions of Chapter 18.156 shall apply.

• H. Access.

  1. Vehicular Access.

     • a. There shall be vehicular access from a dedicated street or alley to off-street parking facilities on the property for which off-street parking is provided;

     • b. Vehicular access to lots fronting on a major or secondary highway shall be via an alley, service road or other local street.

  2. Pedestrian Access. There shall be pedestrian access from a dedicated street to property used for residential purposes. Driveways shall be considered pedestrian access.

• I. Signs. The provisions of Chapter 18.152 shall apply.

• J. Utilities. The applicant shall submit to the commission, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. This requirement may be waived where it would cause undue hardship or constitute an unreasonable requirement.

• K. Enclosed Storage. There shall be provided for each dwelling area within the garage in the form of a loft or other usable area specifically set aside for storage purposes (a minimum of one hundred fifty cubic feet) in addition to utility use areas.

• L. Tentative Subdivision Maps. A tentative tract map shall be filed when required by Title 17 of this code.

• M. Building Height. A building, structure or portion shall not exceed the following heights: two stories or thirty-five feet, whichever is less.

• (Ord. 792 § 1, 1983)

A minimum of twenty-five percent of the total lot or parcel shall be maintained as open space areas designated for the use and enjoyment by all residents and developed for recreational and/or leisure time activities.

• A. Except as provided in subsection C of this section, open space areas shall be functional and integrate the total development.

• B. Except as provided in subsection C of this section, open space areas shall not include:

  1. Rights-of-way;

  2. Vehicle parking areas and accessories;

  3. Areas adjacent to, or between structures less than fifteen feet in width;

  4. Slope areas of more than eight percent grade.

• C. Open space areas may include swimming pools, tot lots, putting greens, court game facilities, and recreational buildings.

• D. A declaration of covenants, conditions and restrictions relating to the management of the common areas and facilities, signed and acknowledged by those parties having any record title to the land to be developed, enforceable by the city shall be recorded.

  1. Such declaration shall provide that an assessment for the purpose of care, maintenance and improvement of the common area and facilities upon any lot shall become a lien upon the lot and shall establish a method for making the claim and foreclosure including power of sale;

  2. Such declaration shall also contain a prohibition against the use of any individual outdoor television or radio antenna. A central antenna shall be provided and shall be connected to each dwelling unit by underground wiring;

  3. The declaration may provide for termination of the covenants, conditions and restrictions at the expiration of the economic life of the project with the consent of the city council.

• E. Common open space shall be left in its natural attractive, unique or scenic state or it shall be landscaped in accordance with a landscaping plan approved by the director of community development.

• F. All improvements located within the common open space, such as landscaping, parks, recreational facilities, travelways and parking area, shall be maintained in a safe condition and a state of good repair.

  1. Any failure to maintain such improvements located within the common area shall be, and the same is declared to be, unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community;

  2. In addition, to any other remedy provided for by law for the abatement, removal and enjoinment of such public nuisance, the city, after giving proper notice, may cause the necessary work of maintenance or repair to be done, and the cost thereof shall be assessed against the owner or owners of the development.

(Ord. 792 § 1 (D), 1983)

In addition to the determination that the plan complies with the purposes of the specific plan, the commission shall find that the following specific objectives are satisfied by the plan:

• A. The overall plan should be comprehensive;

• B. In relation to the scope and complexity of the development, its size should be such as to affect an integral land planning unit and provide for adequate open spaces, circulation, off-street parking and pertinent development amenities;

• C. Diverse functional elements should be well integrated, properly oriented, and properly related to the topography and natural landscape features of the site;

• D. Developments should be well related to existing and planned land use and circulation patterns on adjoining properties and should not constitute a disruptive element with regard to the character of adjacent neighborhoods;

• E. The layout of structures should affect a conservation in street and utility improvements;

• F. The internal street system should be designed for the efficient and safe flow of vehicles without having a disruptive influence on the activities and functions of the common area and facilities;

• G. Park and recreational areas and facilities should be located in close proximity to all dwelling units or easily accessible thereto;

• H. The various community facilities should be grouped in places well related to the open spaces and easily accessible to pedestrians;

• I. Architectural unity and harmony within the development and with the surrounding community should be attained as far as possible.

• (Ord. 792 § 1 (E), 1983)

Before any grading or construction for residential development is undertaken on any lot or parcel within the Specific Plan No. 13 area, development plans shall be reviewed and approved pursuant to Chapter 18.12 of this title.

(Ord. 792 § 1 (F), 1983; Ord. 897 § 11, 1989; Ord. 1324, 6/10/2025)