(a)
Process. This chapter provides a process for preparing, processing,
reviewing, adopting and amending a specific plan.
(b)
Compliance. When required by Section 21.46.030 (Applicability) of this chapter, the general plan or this title to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented or disapproved, in compliance with this chapter.
(Ord. 1308 § 5, 2000)
An adopted specific plan shall replace the base zoning district
for the subject property, and the development standards/guidelines
identified in the specific plan shall take precedence over the general
standards/guidelines contained in this title.
(Ord. 1308 § 5, 2000)
(a)
Authority to Adopt and Amend. An application for a specific plan
shall be considered by the commission and council.
(b)
Specific Plan Required. A specific plan, which is designed to provide
for flexibility and encourage use of land resources and development
of a variety of housing and other development types shall be required
under the following circumstances:
(1)
SP (Specific Plan) Zoning District. Areas designated SP (Specific Plan) zoning district require the preparation of a specific plan in compliance with Chapter 21.12 (Special Purpose Zoning Districts) of this title;
(2)
Assist in Master Planning. A specific plan, as a tool that is available
to private property owners not covered by subsection (b)(1) of this
section, could assist in the comprehensive master planning of a specific
site(s).
(Ord. 1308 § 5, 2000)
(a)
Five Acres. The minimum project area for a specific plan shall be
five acres.
(b)
Waiver Prohibited. A waiver or variance shall not be allowed to decrease
this minimum project area requirement.
(c)
Ownership. The project area may be one parcel under single ownership
or a combination of adjoining parcels subject to a unified planning
concept with written notification to all applicable property owners.
(Ord. 1308 § 5, 2000)
A specific plan may be initiated in the following manner:
(1)
Council. By a resolution of intention adopted by the council, with
or without a recommendation from the commission;
(2)
Property Owner. By an application being filed by the owner(s) of
property that would be the subject of the specific plan.
(Ord. 1308 § 5, 2000)
The application shall be accompanied by the information required
by state law.
(Ord. 1308 § 5, 2000)
A draft specific plan shall be filed with the department, and
shall be accompanied by the fee established by the city's fee resolution.
The draft plan shall be processed in the same manner as required for
general plans by state law and as follows:
(1)
Director's Evaluation.
(A)
After the filing of a draft specific plan, the director shall review
the draft plan to determine whether it conforms with the provisions
of this chapter.
(B)
If the draft plan is not in compliance, it shall be returned to the
applicant with written specification(s) as to why it does not comply,
and with suggested revisions to ensure compliance.
(C)
When a draft plan is returned by the applicant to the department
and the director determines it is complete and in compliance with
this chapter, the plan shall be deemed to be accepted for processing.
(2)
Staff Report. A written staff report shall be prepared for the draft
specific plan which shall include detailed recommendations for changes
to the text and/or diagrams of the specific plan, as necessary to
make it acceptable for adoption; and
(3)
Public Hearings. A proposed specific plan shall be subject to public
hearings before both the commission and council before its adoption,
as follows:
(A)
(B)
Council.
(i)
After receipt of the commission's recommendation, the council shall conduct a public hearing on the specific plan in compliance with Chapter 21.58 (Public Hearings) of this title.
(ii)
After the hearing, the council may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with Section 21.46.080 (Adoption of specific plan) of this chapter, provided that changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law.
(iii)
Failure of the commission to report within forty-five days after
the referral, or a longer period set by the council, shall be deemed
a recommendation for the approval of the changes.
(Ord. 1308 § 5, 2000)
(a)
Council's Action. The council may adopt a specific plan only if the
following findings of fact can be made in a positive manner:
(1)
The proposed development is generally consistent with the actions,
goals, objectives and policies of the general plan;
(2)
The design, location, shape, size, operating characteristics and
the provision of public and emergency vehicle access and public services
and utilities (e.g., drainage, fire protection, sewers, water, etc.),
would ensure that the proposed development would not endanger, jeopardize
or otherwise constitute a hazard to the public convenience, health,
interest, safety or welfare, or injurious to the property or improvements
in the vicinity and zoning district in which the property is located;
(3)
The proposed development would:
(i)
Ensure quality development by encouraging greater flexibility with
more creative and aesthetically pleasing designs for major urban developments;
(ii)
Ensure the timely provision of essential public services and
facilities consistent with the demand for the services and facilities;
and
(iii)
Promote a harmonious variety of housing choices and commercial
and industrial activities; attain a desirable balance of residential
and employment opportunities and result in a high level of urban amenities
and the preservation of the natural and scenic qualities of open space.
(4)
The subject property is physically suitable for the proposed land
use designation(s);
(5)
The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and the city's
environmental review procedures; and
(6)
There would be no potential significant negative effects upon environmental
quality and natural resources that would not be properly mitigated
and monitored, unless a statement of overriding considerations is
adopted by the council.
(b)
Adoption. The specific plan shall be adopted by ordinance, or by
resolution of the council, in compliance with state law.
(Ord. 1308 § 5, 2000)
(a)
Development within Specific Plan Area. After the adoption of a specific
plan, a public works project, a tentative map or parcel map, for which
a tentative map was not required and an amendment to this title may
be approved/adopted within an area covered by a specific plan only
if it is first found consistent with the specific plan.
(b)
Specific Plan Fee Surcharge. The council may impose a specific plan
fee surcharge on development entitlements within the specific plan
area, in compliance with state law.
(Ord. 1308 § 5, 2000)
All adopted specific plans are available for review at the department.
(Ord. 1308 § 5, 2000)
It is unlawful for any owner, operator, tenant or other person
in control of property within the city for which the specific plan
requirements set forth in this chapter apply, to fail to comply with
any specific plan that applies to the property or to comply with the
provisions of this chapter.
(Ord. 1358 § 14, 2004)
