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The methods and procedures for implementation and administration of the Highlands Specific Plan are prescribed as follows:
.010 Implementation. The Specific Plan shall be implemented through the processing of site plans in conjunction with residential tract maps and parcel maps. The site plans may be prepared separately from the tentative subdivision maps, or may be submitted on the same document, provided the map(s) submitted are in sufficient detail to determine conformance with the Specific Plan. (Ord. 5206 § 1 (part); March 5, 1991: Ord 5247 § 1 (part); August 13, 1991.)
.020 Site Plan Approval. The site plans(s) for a particular development area, or portion thereof, shall be reviewed, at a duly noticed public hearing by the Planning Commission, for consistency with the Specific Plan and this chapter. Notice of hearings for residential site plans shall be given at the same time and in the same manner as specified for hearings for tentative tract maps in the Municipal Code. However, residential tract maps or parcel maps for Development Area Nos. 7 and 11 may be processed prior to site plan review and approval by the Planning Commission; provided the Planning Commission shall review and approve the site plans for Development Area Nos. 7 and 11, at a duly noticed public hearing, prior to the issuance of a building permit. Notice of residential site plans for Development Area Nos. 7 and 11 shall be given in the same manner as specified for hearings for tentative tract maps in the Municipal Code. Site plans for individually developed custom lots within Development Area 1 (Tract Map Nos. 12689, 12690 and 12691) may be reviewed and approved by the Planning Director, or his or her designee, subject to each property owner demonstrating consistency with the goals and objectives of the Specific Plan, and those standards set forth in Section 18.100.060 of this chapter. Any deviation from Section 18.100.060 shall be subject to a variance proceeding, as established in Chapter 18.74 (Variances). The decision of the Planning Director or the Director's designee may be appealed to the Planning Commission within ten (10) days of the Director's decision, and considered at a duly noticed public hearing. Subject to minor boundary variation, as authorized by subsection 18.100.020.040 of this chapter, and density transfers, as authorized by subsection 18.100.020.050 of this chapter, if the site plan is found to be consistent with the Specific Plan and this chapter, the Planning Commission shall approve the site plan, and direct that the Zoning Map of the City be amended when necessary. The decision of the Planning Commission shall be final, subject to appeal or review by the City Council, in the same time and manner as provided for appeal from decisions of the advisory agency on tentative tract maps, as set forth in the Municipal Code. (Ord. 5206 § 1 (part); March 5, 1991: Ord 5247 § 1 (part); August 13, 1991.)
.030 Site Plan Consistency. If any changes are proposed to an approved site plan regarding the location or alteration of any use or structure shown on an approved site plan, a revised plan may be submitted to the Planning Director for approval. If the Planning Director or his or her designee determines that the proposed revision complies with the provisions of the Specific Plan and the general intent of the approved site plan, the revised site plan may be approved by the Planning Director or his or her designee, without resubmittal to the approval process described in subsection 18.100.030.020. Said decision shall be final, unless appealed to the City Council within ten (10) days from the date of such decision.
.035 Fence Relocations. Any proposed modifications to a fencing plan approved by the Planning Commission in conjunction with a tentative tract map or parcel map encompassing a lot or parcel shall be submitted to the Planning Director or his or her designee for approval.
(a) An application for modification to a fencing plan pursuant to this section shall be filed on forms prescribed by the Planning Director and shall be filed with the Planning Department. The application shall be accompanied by the payment of a fee per Chapter 18.80 (Fees). All applications shall include a site plan which specifies the elements listed below unless the Planning Director or designee states in writing that a particular element is not required, or that an additional element is required, in order to undertake an adequate review and make any necessary findings.
(1) The fence shall be relocated on the same lot or parcel;
(2) The fence shall not be relocated a distance of more than thirty (30) feet from the location shown on the fencing plan approved by the Planning Commission for the lot or parcel;
(3) The fence shall be located no closer than three (3) feet from a bench drain;
(4) The design and layout of the proposed fence modifications; and
(5) Such other plans and information as may be required by the Planning Director or designee.
(b) The Planning Director or designee may approve, or approve with conditions, a fence relocation plan application based upon the following findings. The decision shall be made in writing or, where appropriate, the fence relocation plan shall be stamped “approved.”
(1) The proposed modifications to a fencing plan are consistent with any applicable Specific Plan, the development standards of the applicable zoning district, and any special area guidelines or policies;
(2) The architectural design of the proposed fence is consistent with the fencing plan approved by the Planning Commission for the lot or parcel, or is otherwise compatible with the character of the surrounding neighborhood through the appropriate use of materials, texture, and color, and will remain aesthetically appealing and be appropriately maintained;
(3) The proposed modifications to a fencing plan will not interfere with the use and enjoyment of neighboring existing or future developments; and
(4) The proposed modifications to a fencing plan will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.
(c) In granting fence relocation plan approval, the Planning Director or designee may impose any reasonable conditions of approval to insure that the proposed modifications will comply with the findings required by section (b), above, including the following:
(1) Any landscaped area on the lot or parcel maintained and irrigated by a Homeowners Association as identified on the Covenants, Restrictions and Covenants (CC&R's) recorded on the property prior to the fence relocation, shall continue to be maintained and irrigated by the Homeowner’s Association after the fence relocation;
(2) Any required fuel modification areas previously approved by the Fire Department for the lot or parcel, shall be identified on the site plan and shall continue to be planted, maintained and irrigated in the same manner following the fence relocation and no new plant material shall be planted in that area unless approved by the Fire Department;
(3) No combustible material including, but not limited to, pool equipment, decks, furniture or other improvements, shall be located in the area between the fence location identified on the fencing plan approved by the Planning Commission for the lot or parcel and the new fence location; and
(4) No grading shall be conducted in the area between the fence location identified on the fencing plan approved by the Planning Commission for the lot or parcel and the new fence location.
(d) The decision of the Planning Director or designee shall not become final until the property owner submits a restricted covenant to the Planning Department, for approval as to form by the City Attorney, restricting the lot or parcel consistent with the conditions required by or imposed pursuant to section (c), above. The covenant shall be recorded with the Office of the Orange County Recorder and a copy of the recorded covenant shall then be submitted to the Planning Department.
.040 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.72 (Specific Plans). (Ord. 4860 § 1 (part); August 25, 1987: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 60; August 22, 2006.)