A. The
purpose of this chapter is to provide a process for preparing, processing,
reviewing, adopting, and amending specific plans in compliance with
State law (
Government Code Section 65450 et seq. or as this chapter
may be amended/replaced from time to time).
B. When required by Section
17.54.030 (Applicability), below, 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. 777 § 1 (Exh. A),
2002)
A. A specific
plan adopted by ordinance shall replace the base zoning district for
the subject property, and the development standards and guidelines
identified in the specific plan shall take precedence over the general
standards and guidelines contained in this title.
B. A specific
plan adopted by resolution shall be applied as guidelines and the
applicable standards contained in this title shall take precedence
over the development standards identified in the specific plan.
(Ord. 777 § 1 (Exh. A),
2002)
A. An
application for a specific plan shall be considered by the commission
and council.
B. A specific
plan is designed to provide for flexibility, innovative use of land
resources and development, a variety of housing and other development
types, and an equitable method of vehicular access.
C. A specific
plan shall be required under the following circumstances:
1. Areas designated SP (Specific Plan Overlay) zoning district require the preparation of a specific plan in compliance with Chapter
17.14 (Overlay Districts);
2. Areas
included within the city's sphere of influence and proposed for annexation
to the city require the preparation of a specific plan to protect
unique biological resources, create fiscal benefits for the city,
and enhance its infrastructure; and
3. A
specific plan, as a tool which is available to private property owners
not covered by subparagraphs 1 and 2, above, could assist in the comprehensive
master planning of a specific site(s).
(Ord. 777 § 1 (Exh. A),
2002)
A. The
minimum project area for a Specific Plan shall be forty acres.
B. The
project area may be one parcel under single ownership or a combination
of adjoining parcels subject to a unified planning concept with written
concurrence of one or more applicable property owners.
(Ord. 777 § 1 (Exh. A),
2002)
A specific plan may be initiated in the following manner:
A. By
a resolution of intention adopted by the council, with or without
a recommendation from the commission;
B. By
a resolution of intention adopted by the commission; or
C. By
an application being filed by the owner(s) of one or more parcels
which would be the subject of the specific plan. If initiated by an
applicant, the following should first occur:
1. A pre-application conference with the director is strongly encouraged before the filing of a specific plan application, in compliance with Section
17.36.030 (Pre-application Conference).
2. Public
meeting(s) required.
a. Before the preparation of the specific plan, at least one public/neighborhood
meeting shall be held to identify potential community impacts and
concerns relating to the proposed plan.
b. Public notice of the meeting shall be in compliance with Chapter
17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A),
2002)
A. The
applicant shall prepare a draft specific plan for review by the city
that includes detailed information in the form of text and diagram(s),
organized in compliance with state law (
Government Code Section 65451).
B. The
following information shall be provided:
1. The
distribution, location, and extent of land uses proposed within the
area covered by the Specific Plan, including open space areas;
2. The
proposed distribution, extent, intensity, and location of major components
of public and private circulation/transportation, drainage, energy,
sewers, solid waste disposal, water, and other essential facilities
proposed to be located within the specific plan area and needed to
support the proposed land uses;
3. Standards,
criteria, and guidelines by which development would proceed, and standards
for the conservation, development, and utilization of natural resources,
where applicable;
4. A
program of implementation measures, including financing, regulations,
programs, and public works projects, necessary to carry out the proposed
land uses, infrastructure, and development and conservation standards
and criteria;
5. A
discussion of the relationship of the specific plan to the actions,
goals, objectives, and policies of the general plan; and
6. The
specific plan shall contain additional information deemed to be necessary
by the director based on the characteristics of the area to be covered
by the plan, applicable actions, goals, objectives, and policies of
the general plan, or any other issue(s) determined by the director
to be significant.
(Ord. 777 § 1 (Exh. A),
2002)
A draft specific plan and application 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:
A. Directors
Evaluation.
1. After
the filing of a draft specific plan, the director shall review the
draft plan to determine whether it is in compliance with the provisions
of this chapter.
2. 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.
3. 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, in compliance with Section
17.36.060 (Initial Application Review).
B. The draft specific plan shall be subject to environmental review as identified in Section
17.36.070 (Environmental Assessment); and
C. 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.
(Ord. 777 § 1 (Exh. A),
2002)
The commission shall make a written recommendation to the council on the proposed specific plan whether to approve, approve in modified form, or disapprove based upon the findings identified in Section
17.54.100 (Findings and Decision), below.
(Ord. 777 § 1 (Exh. A),
2002)
A. Upon receipt of the commissions recommendation, the council may approve, approve in modified form, or disapprove the proposed specific plan based upon the findings identified in Section
17.54.100 (Findings and Decision), below.
B. Any
substantial change(s) to the specific plan that were not considered
by the commission shall be referred to the commission for its recommendation,
in compliance with state law (
Government Code Section 65356).
C. Failure
of the commission to report within forty days after the referral,
or a longer period set by the council, shall be deemed a recommendation
for the approval of the change(s).
(Ord. 777 § 1 (Exh. A),
2002)
A. A specific
plan may be approved, only if all of the following findings are made:
1. The
proposed specific plan is consistent with the general plan;
2. The
proposed specific plan would not be detrimental to the public interest,
health, safety, convenience, or welfare of the city;
3. The
subject property is physically suitable for the requested zoning district(s)
and the anticipated land use development(s);
4. The
proposed specific plan ensures development of desirable character
which would be harmonious with existing and proposed development in
the surrounding neighborhood; and
5. The
proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA) and there would
be no potential significant negative effects upon environmental quality
and natural resources that would not be properly mitigated and monitored,
unless findings are made in compliance with CEQA.
B. The
specific plan shall be approved by ordinance, or by resolution of
the council, in compliance with state law (
Government Code Section
65453).
(Ord. 777 § 1 (Exh. A),
2002)
A. After
the adoption of a specific plan, a public works project, a tentative
map or parcel map, or 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. Implementation
of development projects within an area covered by a specific plan
shall require the filing and approval of all applicable development
permits.
C. The
council may impose a specific plan fee surcharge on development permits
and approvals within the specific plan area, in compliance with state
law (
Government Code Section 65456).
D. Amendments.
1. A
specific plan may be amended through the same procedure specified
by this chapter for the approval of a specific plan.
2. The
specific plan may be amended as often as deemed necessary by the council,
in compliance with state law (
Government Code Section 65453).
(Ord. 777 § 1 (Exh. A),
2002)
All applications shall be subject to the applicable provisions
of this title, including the procedures identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.68.080 Changes to an Approved Project
17.74 Public Hearings
17.78 Revocations and Modifications
17.68.070 Time Extensions
(Ord. 777 § 1 (Exh. A),
2002)