The purpose of this chapter is to establish permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in chapter
17.14 (General Application Processing Procedures).
(Ord. No. 1000 § 4, 2022)
A. Purpose.
The purpose of a master plan is to allow for the coordinated comprehensive
planning of a subarea of the city in order to accomplish any of the
following objectives:
1. Protect
a unique environmental, historical, architectural, or other significant
site feature that cannot be adequately protected by adoption of another
land use zone.
2. Allow
the development of an exceptional project design that cannot be built
under an existing zone or due to constraints of existing development
standards.
3. Further
the implementation of specific goals and policies of the city as provided
in the general plan.
4. "Plan
ahead" and look beyond the limits of a particular property to solve
circulation, drainage, and neighborhood compatibility problems.
5. Provide
flexibility for developments beyond conventional zoning regulations
to address special or unique needs or characteristics.
B. Review
process.
1. A
master plan may be initiated for any reason beneficial to the city
by motion of the planning commission or the city council, by application
of property owner(s) of parcel(s) to be affected by the master plan,
or by recommendation of the planning director.
2. The designated approving authority for a master plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. Public notice shall be provided and public hearing conducted pursuant to section
17.14.050 (Public Hearing and Public Notice). The city council may approve or deny the master plan by resolution in accordance with the requirements of this title.
C. Master
plan requirements.
1. A
master plan shall include all of the following components:
a. Physical characteristics of the site.
b. Location of structures and other significant improvements.
c. Significant natural features of the site.
d. Available public facilities.
e. Capacity of existing and planned circulation systems.
f. Existing and planned uses within 1,000 feet.
g. Land within 1,000 feet of the site that is designated as state responsibility
area (SRA) or wildland-urban interface fire area.
h. A boundary map of the property and a calculation of the gross land
area within the proposed zone. A tentative subdivision map may be
substituted if the applicant proposes to subdivide the property.
i. A discussion of specific objectives and limits for development of
the property which recognize and respond to identified opportunities
and constraints of the master plan.
j. Proposed land use and a description of how the land uses implement
the general plan.
k. Proposed density ranges for proposal that include housing and how
the density ranges correspond to the general plan.
l. Land use plan including, but not limited to, the acreage of each
land use type and number of housing units by type. The distribution
of land uses shall be expressed in terms of acreage and the total
number of residential units and/or square footage of nonresidential
buildings allowed.
m. A circulation plan showing proposed block and street network, existing
and proposed public and private streets, pedestrian ways, trails,
connections to adjacent properties, and related transportation access
or circulation features required to serve the proposed development
and ensure access and connectivity.
2. The
master plan may include specific regulations applicable to, and a
procedure for review of proposed development, within the master plan
area, such as:
a. Performance and development standard requirements related to setbacks,
lot area, intensity of development on each lot, parking requirements,
landscaping, and signs.
b. Design standards and guidelines as appropriate for the specific site
and development.
c. Open space plan including protection measures for significant natural
features, parks, and other site amenities.
d. A site specific wildfire protection plan.
e. Types of projects that require review.
f. Documents required from developers.
g. Regulations relating to nonconforming lots, uses, structures, and
signs.
h. Time phasing and sequence of development projects.
3. Pursuant to section
17.14.060 and other provisions of this title, a master plan is required for large industrial buildings of 450,000 square feet or more.
a. The purpose of the master plan for such industrial buildings is to
ensure that the development does not impose significant burdens on
city services and nearby businesses and residents, as well as to ensure
that the development has adequate public services and infrastructure
to accommodate the expected uses. In addition, the master planning
process is expected to ensure that the proposed industrial development
provides community benefits that may not otherwise be provided through
strict application of the provisions of this title.
b. Upon recommendation by the city engineer and fire chief, a master plan may vary or waive the traffic standards identified in section
17.36.040 if the city council determines that doing so would not frustrate the underlying purpose of the subject standard(s) or cause a significant impact on public health, safety, or welfare.
D. Findings.
A master plan shall not be adopted unless the following findings are
made:
1. The
proposed master plan is consistent with the goals, policies, and objectives
of the general plan.
2. The
proposed master plan meets the applicable requirements set forth in
this title.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
The purpose of a specific plan is to provide a vehicle for implementing
the city's general plan on an area-specific basis. The specific plan
serves as a regulatory document, consistent with the general plan.
In the event there is an inconsistency or conflict between an adopted
specific plan and comparable provisions of this title, the specific
plan shall prevail. This section describes the process for adopting
and amending specific plans and approving subsequent development under
a specific plan.
B. Requirements.
All specific plans shall meet the following requirements:
1. Minimum
size.
a. A Specific Plan Zone shall include a minimum area of 100 contiguous
acres subject to unified planning, construction, and development by
a person, corporation, or other entity; property owned by public utilities,
local districts or local governments will not be counted toward the
100-acre minimum, but may be used as a connector of ownership or ensuring
area is contiguous.
2. Site
development regulations and performance standards.
a. The Specific Plan Zone and all uses therein shall be designed and
developed in a manner compatible with and complementary to existing
and potential development in the general vicinity of the zone. Site
planning on the perimeter shall provide for the mutual protection
of the zone and surrounding property from potential adverse influences.
b. There shall be no minimum area, width, or depth requirement for individual
lots except as established by a development plan, a conditional use
permit, or development review.
c. There shall be no minimum yard requirement for individual lots except
as established by a development plan, a conditional use permit, or
development review.
d. There shall be no minimum usable open space requirement for individual
lots except as established by a development plan, a conditional use
permit, or development review.
e. There shall be no maximum height or coverage requirement for individual
lots except as established by a development plan, specific plan, community
plan, conditional use permit, or development review.
f. The maximum number of dwelling units within a Specific Plan Zone
shall not exceed the number of units indicated by the general plan
for property within the zone designated for residential use by the
general plan, provided that the distribution of units within the zone
and the maximum or minimum residential density on any individual site
or within designated portions of the zone shall be governed by the
development plan, conditional use permit, or development review approval
pursuant to the development plan.
g. All public streets within or abutting the development shall be dedicated
and improved to city specifications for that particular classification
of street. Private streets within the development shall be permanently
reserved and maintained for their intended purpose by means acceptable
to and enforceable by the city. Consideration of other forms of access,
such as pedestrian ways, court, plazas, driveways, horse trails, bike
trails, or open parking lots offered for dedication, may be made at
the time of the development plan and text consideration as a means
of meeting requirements for open space or park dedication requirements.
h. All development within a Specific Plan Zone shall relate harmoniously
to the topography of the site; shall make suitable provision for the
preservation of water courses, drainage areas, wooded areas, rough
terrain, and similar natural features; and shall otherwise be so designed,
inasmuch as possible, to use and retain natural features and amenities
to the best advantage to the extent that public health, safety, or
welfare is not compromised.
i. Mechanical and electrical equipment, including air conditioners,
antennas, pumps, heating or cooling or ventilating equipment, exterior
lighting, or similar equipment, shall be located and operated in a
manner so as not to unreasonably disturb the peace, quiet, and comfort
of neighboring residents. Excluding roof-mounted solar collector panels
and decorative exterior lighting, all such equipment and devices shall
be screened from view from any abutting street and shall not be located
in a front yard.
j. All areas for storage of maintenance equipment and all service areas
including refuse storage and collection facilities shall be enclosed
by a fence, wall, or landscape screen.
k. All uses with a Specific Plan Zone shall provide off street parking and loading facilities pursuant to chapter
17.64 (Parking and Loading Standards).
l. There shall be a proposed means for assuring continuing existence,
maintenance, and operation of the various common elements and facilities.
m. Additional site development regulations and performance standards
applicable to individual uses or to designated portions of a Specific
Plan Zone may be established by the development plan, conditional
use permit, location and development plan, or development review approval
pursuant to the development plan.
3. Development
plan. The development plan to be submitted with an application for
a Specific Plan Zone shall include the following:
a. A boundary survey map of the property and a calculation of the gross
land area within the proposed zone. A tentative subdivision map may
be substituted if the applicant proposes to subdivide the property.
b. A topographic map and general grading concept plan with specific
sections for sensitive areas, as determined by the planning director,
for the property and adjacent land within 100 feet of the property,
shown at contour intervals not to exceed two feet for natural slopes
over one percent or less. For natural slopes over two percent, the
contour interval shall not exceed five feet.
c. Maps and supporting tabulations showing the current general plan
land use designation, the current zone classification, and the current
land use within the proposed zone and on adjacent sites within 300
feet. The location of structures and other significant improvements
shall be shown.
d. A land use plan identifying areas within the proposed zone and uses
to be developed therein, supported by proposed or projected acreage,
population, housing units, employment, and such related planning and
development data as the planning director may require.
e. A development plan indicating the general phasing or anticipated
schedule indicating the total phasing of the Specific Plan Zone and
areas to be developed in phases and the anticipated time schedule
for beginning of construction and for completion of each phase of
development including a pro rata share of amenities, parks, and open
space. This is a generalized schedule and may be adjusted according
to market constraints as the community develops.
f. A circulation plan showing existing and proposed public and private
streets, pedestrian ways, trails, and related transportation access
or circulation features required to serve the proposed development.
The circulation plan shall be supported by schematic designs of principal
traffic and circulation improvements and such traffic engineering
data as required by the planning director to demonstrate that existing
and proposed facilities, both within and outside the zone, shall be
adequate to serve land uses proposed by the development plan.
g. A preliminary report and overall plan describing anticipated requirements
and proposed means of providing utility facilities and public services,
including, but not limited to, storm drainage, sewage disposal, water
supply, wildfire protection, parks and recreation, and school facilities.
h. An accompanying development plan text setting forth the basic land
use regulations, site development regulations, and performance standards
designed to govern each use area identified by the land use plan.
The text need not incorporate the same level of detail as found in
the regulations for base zones, but shall be as comprehensive as necessary
to establish basic provisions and regulations which shall govern subsequent
approval of specific tracts or developments within the Zone. The text
shall include, but not be limited to, the following provisions:
i. A listing of allowable uses within each use area including such qualifying
descriptions or definitions and requirements for conditional use permits
as may be applicable.
ii. Maximum and minimum regulations, as appropriate, governing residential
density, site coverage, lot size and dimensions, yard requirements,
usable open space, landscaping, and performance standards.
iii.
Required yards, landscaping, or other site development regulations
to be applicable adjacent to other zones at the perimeter of the Specific
Plan Zone.
iv. Supplemental illustrations, as required, establishing the basic community
architectural character, environmental character, and environmental
design qualities to be attained throughout the Specific Plan Zone
and within particular portions of the zone.
v. Such other information, such as a topographic model in areas of excessive
slope, as may be required by the planning director, the planning commission,
or the city council to permit complete analysis and appraisal of the
development and to facilitate adoption of the Specific Plan Zone and
the development plan by the city council.
C. Review
process.
1. Pre-application
procedure. Prior to submitting an application for a Specific Plan
Zone, the applicant or prospective developer should hold preliminary
consultations with the planning director and other city officials
to obtain information and guidance before entering into binding commitments
incurring substantial expense in the preparation of plans, surveys
and other data. Such preliminary consultations should be relative
to a conceptual development plan, which includes, but is not limited
to, the following:
a. Proposed land uses to be developed within the zone.
b. Development concepts to be employed.
c. Schematic maps, illustrative material, and narrative sufficient to
describe the general relationships between land uses and the intended
design character and scale of principal features.
d. A preliminary time schedule for development including quantitative
data, such as population, housing units, land use acreage, and other
data sufficient to illustrate phasing of development and potential
impact on public service requirements.
2. Following
initial preliminary consultations pursuant to this section, the planning
director may require submission of a competently prepared housing
market analysis demonstrating the need for housing by price range
and number of dwelling units. Such analysis may be requested as a
part of the pre-application review procedure, may be made a requirement
for submission of an application for a Specific Plan Zone, or may
be requested as part of the environmental assessment or environmental
impact report.
3. Following
initial preliminary consultations pursuant to this section, the planning
director may require submission of a competently prepared commercial
market analysis for any proposed shopping center of major commercial
or mixed uses showing the need for such uses in the location requested
and the inadequacy of existing zone sites to meet this need. The market
analysis shall include, but not be limited to, the following:
a. Determination of potential trade area.
b. Estimates of existing and future population of the trade area.
c. Determination of existing and potential effective buying power in
the trade area.
d. Determination of the net potential customer buying power for the
proposed commercial or mixed use development. Such analysis may be
requested as a part of the pre-application review procedure or may
be made a requirement for submission of an application for a planned
community district or may be requested as part of the environmental
assessment or environmental impact report.
4. Following
initial preliminary consultation in compliance with this section,
the planning director may require presentation of the conceptual development
plan to the planning commission. Such presentation shall be for information
purposes only and shall be in addition to subsequent public review
requirements pursuant to an application for a Specific Plan Zone and
submission of development plan.
5. The
designated approving authority for a Specific Plan is the city council,
which shall hold a public hearing on the planning commission recommendation
prior to taking action. The planning commission shall hold a public
hearing and then shall provide a recommendation, which recommendation
shall include the reasons for the recommendation and the relationship
of the proposal to the general plan. The city council approves by
ordinance or denies the Specific Plan in accordance with the requirements
of this title.
6. An
amendment to a development plan text and map may be initiated by the
planning commission or the city council, or may be initiated by the
original applicant for the Specific Plan District or a successor thereto,
provided such applicant or successor has, at the time of application
for an amendment, a continuing controlling interest in development
or management of uses within the Specific Plan zone.
D. Findings.
Specific Plans, and any amendment thereto, shall be approved only
when the city council makes all of the following findings:
1. The
proposed Specific Plan is consistent with the general plan goals,
policies, and implementation programs.
2. The
land use and development regulations within the Specific Plan are
comparable in breadth and depth to similar zoning regulations contained
in this title.
3. The
administration and permit processes within the Specific Plan are consistent
with the administration and permit processes of the zoning code.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
The purpose of a Development Code/zoning map amendment is to allow
modification to any provisions of this title (including adoption of
new regulations or deletion of existing regulations), or to rezone
or change the zoning designation on the zoning map for any parcel(s).
This section is consistent with
Government Code § 65853.
B. Review
process.
1. A
Development Code/zoning map amendment may be initiated by the planning
commission or the city council, by application of property owner(s)
of parcel(s) to be affected by the Development Code/zoning map amendment,
or by recommendation of the planning director.
2. The
designated approving authority for a Development Code/zoning map amendment
is the city council, which shall hold a public hearing on the planning
commission recommendation prior to taking action. The planning commission
shall hold a public hearing and then shall provide a recommendation,
which shall include the reasons for the recommendation and the relationship
of the proposal to the general plan and any specific plans. The city
council approves by ordinance or denies the zoning code/map amendment
in accordance with the requirements of this title.
C. Findings.
Development code/zoning map amendments may be approved only when the
city council finds that the Development Code/zoning map amendment
is consistent with the general plan goals, policies, and implementation
programs.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
The purpose of prezoning is to establish the designation of land uses
for unincorporated property adjoining the city, within the sphere
of influence, prior to annexation.
B. Review process. The method of accomplishing prezoning shall be the same as for zoning amendment as provided in section
17.22.040 (Development Code/zoning map amendment). Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-zone designation for property outside the city, the zoning map shall be revised to show the potential or "pre-zone" classification to become effective upon annexation, and shall identify each zone or zones applicable to such property with the label of "PRE ZONE" in addition to such other map designation as may be applicable.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
This section establishes procedures and requirements for the review
and approval of development agreements in compliance with the provisions
of
Government Code §§ 65864 through 65869.5. The city
council finds and declares the use of development agreements is beneficial
to the public, in that:
1. Development
agreements increase the certainty in the approval of development projects,
thereby preventing the waste of resources, reducing the cost of development
to the consumer, and encouraging investment in and commitment to comprehensive
planning, all leading to the maximum efficient utilization of resources
at the least economic cost to the public.
2. Development
agreements provide assurance to the applicant for a development project
that upon approval of the project, the applicant may proceed with
the project in accordance with existing policies, rules and regulations,
and subject to conditions of approval, thereby strengthening the public
planning process, encouraging private participation in comprehensive
planning, and reducing the economic costs of development.
3. Development
agreements enable the city to plan for and finance public facilities,
including, but not limited to, streets, sewerage, transportation,
drinking water, school, and utility facilities, thereby removing a
serious impediment to the development of new housing.
B. Applicability.
Only a person who has legal or equitable interest in the subject property
which is the subject of the development agreement (or his or her authorized
agent), may submit an application for a development agreement.
C. Review
process. The designated approving authority for development agreements
is the city council, which shall hold a public hearing prior to taking
action. The planning commission shall hold a public hearing on the
proposed development agreement and make a recommendation to the city
council. The city council approves by ordinance or denies the development
agreement in accordance with the requirements of this title.
D. Findings.
A development agreement may only be granted when the city council
makes all of the following findings specifying that the development
agreement:
1. Is
consistent with the objectives, policies, and general land uses specified
in the general plan and any applicable specific plans.
2. Is
compatible and in conformity with public convenience, general welfare,
and good land use and zoning practice.
3. Will
not be detrimental to the health, safety, and general welfare of the
city.
4. Will
not adversely affect the orderly development of property or the preservation
of property values.
E. Amendment and cancellation of agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in chapter
17.14 (General Application Processing Procedures).
F. Recordation.
Within ten days after the city enters into the development agreement
or any amendment thereof, the city clerk shall cause the agreement
or amendment to be recorded with the county recorder. Additionally,
the city clerk shall be the official custodian of the development
agreement file. Said file shall include an executed copy of the agreement
and the originals of all exhibits, reports of periodic review, amendments,
and/or cancellations to the development agreement.
G. Periodic
review. The planning director may, from time to time, review the development
agreement and provide a written report to the city council. The burden
of proof is on the applicant to provide necessary information verifying
good faith compliance with the terms of the development agreement.
The applicant shall also bear the cost of such review in accordance
with the fee established by city council resolution. If the planning
director finds that any aspect of the development project is not in
good faith compliance with the terms of the development agreement,
the planning director may schedule the matter before the appropriate
approving authority for review for possible amendment or revocation.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
The purpose of a general plan amendment is to allow for modifications
to the general plan text (e.g., goals, policies, or implementation
programs) or to change the general plan land use designation on any
parcel(s).
B. Review
process. The designated approving authority for general plan amendments
is the city council, which shall hold a public hearing prior to taking
action. The planning commission shall hold a public hearing and provide
a recommendation. The city council approves by resolution or denies
the general plan amendment in accordance with the requirements of
this title.
C. Frequency
of amendment. Pursuant to
Government Code § 65358, no mandatory
element of the general plan may be amended more frequently than four
times during any calendar year. Subject to that limitation, an amendment
may be made at any time and may include more than one change to the
general plan.
D. Initiation
of amendment. A general plan amendment may be initiated by the planning
commission or the city council, by application of property owner(s)
of parcel(s) to be affected by the general plan amendment, or by recommendation
of the planning director to clarify text, address changes mandated
by state law, maintain internal general plan consistency, address
boundary adjustments affecting land use designation(s), or for any
other reason beneficial to the city.
E. Findings.
The city council may approve a general plan amendment upon finding
that the amendment is in the public interest and that the general
plan as amended will remain internally consistent. In the event that
a general plan amendment is requested by a private property owner,
the applicant shall demonstrate to the city council that there is
a substantial public benefit to be derived from such amendment and
how the proposed amendment furthers the goals of the general plan.
(Ord. No. 1000 § 4, 2022)