A.
Purpose. This section is intended to supplement the regulations of the underlying zone and establish overlay zoning regulations, which will ensure the optimal utilization of each of the eight special treatment areas designated in the Lemon Grove general plan, in terms of unity of development, open space preservation and enhancement, expanded housing opportunities, and support for community aesthetic and economic goals.
B.
General Provisions.
1.
All development occurring in the special treatment areas shall comply with the planned development permit procedure specified in Section 17.28.030.
2.
All development occurring in the special treatment areas shall comply with the standards of the underlying zoning designation, the general regulations of this title, and the provisions of this section. Where conflict occurs between any regulations affecting development within the special treatment areas, the more restrictive of any such regulations shall apply, unless the planning staff or city council have exercised specific discretionary authority to establish special requirements to ensure that a development project or other land use complies with the vision, goals, policies and objectives of the general plan.
3.
Direct vehicular access from private property in the special treatment areas on to arterial roadways shall be restricted, unless the planning commission or city council finds that such direct vehicular access can be accomplished in a manner, which does not adversely affect traffic flow or create a hazard to vehicular or pedestrian safety.
4.
No development shall occur within any special treatment area unless adequate provision has been made for flood control.
C.
Park Dedication. Within the residential special treatment areas, the following provisions shall apply:
1.
A developer of property shall offer to dedicate to the city and improve land for public recreation, of a shape and location judged by the city to be suitable for public use, and of a size in accordance with the formula established in Chapter 18.36. If the city deems it desirable to enlarge the area to be used for public park land, the developer shall cooperate and negotiate with the city regarding matters of compensation and transfer of ownership.
2.
If the city council determines that the purposes and intent of the general plan and the recreation needs of the neighborhood can be better satisfied by development or enhancement of recreational facilities elsewhere in the community, the developer shall be required to pay an in-lieu fee in accordance with the formula established in Chapter 18.36.
D.
Special Treatment Area I, Downtown Village. The downtown village contains the traditional downtown commercial district located around the intersection of Broadway and Lemon Grove Avenue. Properties within special treatment area I (STA I) shall be governed by the regulations of the zoning categories currently in place until such time as the city prepares and adopts a specific plan for the area. The specific plan shall incorporate the elements set forth in the city's general plan.
1.
Minimum Area Required for Development. No subdivision of land shall be permitted which causes fragmentation of land ownership prior to development pursuant to the proposed specific plan. The smallest unit of land to be developed shall be an individual lot of record as of the effective date of this title. No parcel shall be subdivided for the purpose of developing portions of it independently, unless a development and phasing plan, consistent with the proposed specific plan, is prepared and approved for the entire STA.
2.
Properties located within special treatment area I (STA I) are subject to the requirements of the city of Lemon Grove downtown village specific plan.
E.
Special Treatment Area II, Massachusetts Station. The Massachusetts Station STA encompasses the existing commercial site on the north side of Massachusetts Avenue across from the Massachusetts Avenue Trolley Station. Redevelopment of the site with a mix of residential and neighborhood commercial is planned to increase the number of residents that can walk to the trolley station and use the trolley to commute, and to establish neighborhood shopping opportunities to reduce driving and encourage walking and bicycling.
1.
Minimum Area Required for Development. No subdivision of land shall be permitted which causes fragmentation of land ownership prior to development pursuant to a specific plan prepared and submitted by or for the owner or owners of land within the STA and approved and adopted by the city. The specific plan shall incorporate the elements set forth in the city's general plan. The smallest unit of land to be developed shall be an individual lot of record as of the effective date of the ordinance codified in this title. No parcel shall be subdivided for the purpose of developing portions of it independently, unless a development plan, consistent with the proposed specific plan, is prepared and approved for the entire parcel.
F.
Special Treatment Area III, Regional Commercial. The regional commercial STA is planned for continued redevelopment with large retail stores. Uses within this STA shall serve both local residents and attract shoppers from adjacent communities. Until new land use regulations are developed to implement the regional commercial policies of the general plan, land use will be governed by the regulations of the zoning categories currently in place as well as requirements in subsections (F)(1) through (5) of this section.
1.
Planned Development Permit Required. No development shall occur within the STA unless such development has been approved pursuant to the planned development provisions of Section 17.28.030. A planned development permit is required for all development regardless of the size of the property, the intensity of the proposed activity of the size of proposed structures.
2.
Minimum Area for Development. No subdivision of land shall be permitted which causes fragmentation of land ownership, prior to development, pursuant to the adoption of the proposed regional commercial land use regulations. The smallest unit of land to be developed shall be an individual lot of record as of the effective date of the ordinance codified in this title. No parcel shall be subdivided for the purpose of developing portions of it independently, unless a development and phasing plan, determined by the city to be consistent with the proposed regional commercial land use, is prepared and approved for the entire parcel.
3.
Incentives for Large Lot Development. It is the city's intent that this area shall be developed with large lot retail uses on parcels of land comprising at least one city block or having a minimum area of three acres. In order to encourage such development, the city will cooperate with developers and will consider providing development incentives including, but not limited to, the following:
4.
Use of Existing Developed Properties.
a.
The use, and change of use, of existing developed properties shall be governed by the regulations of the current underlying zoning. Except as otherwise stated in subsection (F)(4)(b) of this section, modifications to existing buildings, other improvements and overall site development shall be governed by the non-conforming use regulations set forth in Section 17.24.090 of this title.
b.
Within the area bounded by Vista Avenue, North Avenue, the western boundary of the lots abutting West Street and the alley to the north of the properties that abut the north side of Broadway, the maintenance, establishment, and expansion of uses consistent with either the requirements of the general commercial (GC) zone or the heavy commercial (HC) will be permitted to occur, until large lot retail uses are established consistent with the goals of the general plan.
5.
Use of Existing Undeveloped Properties. Undeveloped properties may be developed with uses requiring a minimum investment in permanent improvements, such as outdoor storage operations that are aesthetically compatible with other permitted land uses in the STA. As the city would consider such operations interim uses of land, unless deemed necessary for public health and safety or for the protection of the public or adjacent properties, the city may choose to waive or defer requirements for permanent improvements, such as curbs and sidewalk and the undergrounding of overhead utility lines. However, appropriate screening of storage, paving where appropriate, and landscaping will be required. This subsection (F)(5) shall not apply to those properties that have become vacant as a result of the relocation of a business or other land use with the assistance of the Lemon Grove development services department.
G.
Special Treatment Area IV, Western Central Avenue Residential. Other than the construction of one single-family dwelling on a single legal lot of record and permitted accessory buildings, no development shall occur in STA IV until an owner or owners of property have prepared a master development plan encompassing the entire STA consistent with the policies for this area established in the general plan.
1.
Planned Development Permit. No development shall occur within the STA unless such development has been approved pursuant to the planned development provisions of Section 17.28.030. A planned development permit is required for all development regardless of the size of the property, the intensity of the proposed activity or the size of proposed structures.
2.
No subdivision of land shall be permitted which causes fragmentation of land ownership prior to development pursuant to a master development plan, approved and adopted by the city, encompassing the entire STA. The smallest unit of land to be developed shall be an individual lot of record as of the effective date of the ordinance codified in this title.
H.
Special Treatment Area V, Federal Boulevard Automobile Sales District. The Federal Boulevard automobile sales district shall be developed exclusively with new car automobile dealerships that have, as their primary business, the sale of new automobiles and which may include accessory uses that are customarily attendant to new car sales. Such accessory uses may be approved by the city council upon a finding and determination that their inclusion as part of a new car dealership will contribute to the development and maintenance of a modern and productive automobile sales district. For purposes of this section, the terms "car" and "automobile" shall include within their meaning: truck and recreational vehicle, but shall not include motorcycle.
1.
Planned Development Permit Required. No development shall occur within the STA unless such development has been approved pursuant to the planned development provisions of Section 17.28.030. A planned development permit is required for all development regardless of the size of the property, the intensity of the proposed activity of the size of proposed structures.
2.
Minimum Area Required for Development. No subdivision of land shall be permitted which causes fragmentation of land ownership, unless such subdivision has been found to be necessary or desirable to establish a land use which is consistent with the intent, requirements and conditions of this section. The determination that a land use proposal is consistent with the intent, requirements and conditions of this section shall be made by the city council.
I.
Special Treatment Area VI, Central Lemon Grove Avenue. Properties within STA VI shall be developed with commercial uses that generate low traffic volumes, have a high noise tolerance, and require minimal slope disturbance.
1.
Planned Development Permit Required. No development shall occur within the STA unless such development has been approved pursuant to the planned development provisions of Section 17.28.030. A planned development permit is required for all development regardless of the size of the property, the intensity of the proposed activity of the size of proposed structures.
2.
In order to protect new development and adjacent properties, before all renovation or remodeling of existing uses involving any grading, and before all new development, a geotechnical study shall be prepared and appropriate measures shall be incorporated to ensure stability of the steep embankment at the rear of lots along Lemon Grove Avenue.
3.
For all new development, a traffic study shall be required to identify access points from Lemon Grove Avenue that minimize disruptions to traffic flow.
4.
No property within this STA shall have vehicle access from Noble Street and any development occurring, adjacent to that street shall formally relinquish such access.
5.
The height of new structures shall not exceed the lesser of three stories or thirty-five feet.
6.
Developers of new structures within the STA shall provide written notice of their intentions regarding development to the owners of adjacent properties, within three hundred feet of the exterior boundaries of the subject property, prior to filing an application for a planned development approval from the city. The owners of adjacent properties will be advised that their comments regarding the developers' proposal and their suggestions regarding the reduction of project impacts on surrounding properties may be filled in writing with the city's development services department. Such notice shall be sent by registered mail with return receipt and the developer shall provide proof of receipt of the notice by the property owners when the planned development permit application is submitted.
J.
Special Treatment Area VII, SR-125 Interchange Planning Area. At the time of construction of the SR-125 freeway, no on- or off-ramps will be constructed. Acknowledging that the city's traffic circulation need can change over a period of time, the city will work with Caltrans, area property owners, and other interested groups and agencies to monitor the relationship between SR-125 and the city's system of streets. The purpose of this STA is to alert property owners to the fact that future conditions could justify the constructions of on- and off-ramps at Troy Street and SR-125. Development of properties in the STA shall conform to the requirements of the underlying zoning regulations.
K.
Special Treatment Area VIII, Eastern Central Avenue Residential. The land within this STA has been determined to be suitable for the construction of apartments and condominiums due to its proximity to the downtown village and civic center concept area.
1.
Planned Development Permit Required. No development shall occur within the STA VIII unless such development has been approved pursuant to the planned development provisions of Section 17.28.030, except accessory dwelling units and junior accessory dwelling units as specified in Section 17.24.060(D)(1). A planned development permit is required for all development regardless of the size of the property, the intensity of the proposed activity or the size of proposed structures.
2.
Single lots within the STA may be developed at a density of fourteen dwelling units per acre.
3.
Parcels of land with a minimum of one hundred feet of frontage on a public street and with a minimum area of fifteen thousand square feet, may be developed at a density of twenty-nine unit per acre.
4.
All buildings within the STA shall be limited to a maximum of two stories in height or a maximum height of twenty-five feet, whichever is the more restrictive.
(Ord. 349 § 2, 2005; Ord. 434 § 3, 2015; Ord. 461 § 1, 2022)