A. 
The intent of a master development plan is to provide flexibility in the planning review process so that land use requirements are identified in a master development plan and there is minimal review of subsequent approvals if they are consistent with the adopted plan.
B. 
This chapter is intended to provide a process for reviewing, processing, and approving master development plan applications which are intended to provide a comprehensive framework for the development of property which have a mixed use or university designation on the General Plan or for a specified geographical area that will be developed as a single concept.
C. 
For purposes of this chapter, master development plans are not to be considered specific plans as regulated by State law (Government Code Section 65450 et seq.) and Chapter 16.156 (Specific Plans).
(Prior code § 16-540.010)
The Council is the Review Authority for master development plans, based on the recommendation of the Commission.
(Prior code § 16-540.020)
This chapter shall apply to property:
A. 
Mixed Use Designation. Intended to be designated in the General Plan as mixed use;
B. 
University Designation. Intended to be designated in the General Plan as university; or
C. 
Other Areas. Which the Council believes would benefit from a single, unified concept in a defined geographical area.
(Prior code § 16-540.030)
A new, or amendment to an existing, master development plan may be initiated in the following manner:
A. 
Council. By a resolution of intention adopted by the Council with referral to the Commission;
B. 
Commission. By the Commission; or
C. 
Property Owner. By an application for a master development plan or amendment to an existing master development plan filed by the property owner(s), their authorized agent, or an affected party. If the property for which a master development plan or amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application.
1. 
Pre-Application Conference. If initiated by the property owner, an authorized agent, or an affected party, a pre-application conference with the Director is strongly suggested before the filing of a formal master development plan application.
2. 
Concept Plan. Before the preparation of the master development plan, the applicant shall have the option to prepare a concept plan which shall describe the proposed uses in a brief, simple manner so as to convey the development concept quickly and easily without considerable expense to the property owner.
a. 
The concept plan shall be reviewed in public meetings by the Commission and Council who shall respond in a positive or negative manner to the proposed concept.
b. 
A positive response by the Commission and/or Council does not constitute approval of any type for the project or any vested right.
(Prior code § 16-540.040)
An applicant shall prepare a draft master development plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with the Department handout for master development plans. The following information shall be provided at a minimum:
A. 
Proposed Land Uses. The distribution, location, and extent (e.g., density, intensity, etc.) of land uses proposed within the area covered by the Master Development Plan, including open space areas;
B. 
Infrastructure. A description of the major components of public and private facilities, including circulation/transportation, energy, sanitary sewage, solid waste disposal, water, storm water drainage, and other essential facilities proposed to be located within the master development plan area and needed to support the proposed land uses;
C. 
Land Use and Development Standards. Criteria, guidelines, and standards by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
D. 
Implementation Measures. A program of implementation measures and environmental mitigation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
E. 
Relationship to General Plan. A discussion of the relationship of the master development plan to the objectives, policies, general land uses, and programs of the General Plan; and
F. 
Additional Information. The master development plan shall contain any additional information determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
(Prior code § 16-540.050)
A. 
Application. A draft master development plan shall be filed with the Department in compliance with Section 16.140.050 (Preparation and content), and shall be accompanied by the required fee.
B. 
General Plan and Zoning Map Amendments. For projects that will be designated as mixed use or university designations on the General Plan, applications for a General Plan and Zoning Map amendments shall be submitted concurrently with the application for a master development plan.
C. 
Development Agreement. A development agreement in compliance with Chapter 16.128 (Development Agreements) to implement the master development plan shall be required to be processed concurrently with the master development plan and General Plan and Zoning Map amendments. For those master development plans that are initiated by the Council or Commission for a specified area, the development agreement shall be required to be processed at the time the specific portion of the master development plan area is proposed for development.
D. 
Review and Processing.
1. 
Master Development Plan. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
2. 
Environmental Review. The draft master development plan shall be subject to environmental review in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
E. 
Development Review Committee (DRC). The DRC shall review the master development plan and make a recommendation for approval, approval with conditions, or disapproval to the Director.
F. 
Notice and Hearings. A proposed master development plan shall be subject to public hearings before both the Commission and Council in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority.
G. 
Adoption. The plan shall be adopted by resolution and may be amended as often as deemed necessary by the Council.
(Prior code § 16-540.060; Ord. 023-07 C.S. § 112; Ord. 015-09 C.S., eff. 12-3-09)
A. 
Requirements and Standards. Unless clearly stated otherwise in the adopted master development plan, the provisions, regulations, requirements, and standards governing the development and ongoing operation of the sites covered by the master development plan shall be in compliance with the requirements of this Development Code and adopted City, County, and State standards and ordinances.
B. 
Limitations. The Council shall have the authority to define and limit the requirements for each approved land use within the area covered by the adopted master development plan.
C. 
Use of Consultants. The Council shall have the authority to enter into a contract with a consultant(s) to review a master development plan application, all related applications (e.g., General Plan and Zoning Map amendments, development agreement, etc.) and environmental documents. The project applicant shall be responsible for reimbursing the City for all consultant-related expenses authorized by the City.
D. 
Amenities. In addition to the minimum requirements for development, at least one amenity shall be provided for each master development plan area. Examples of amenities that may be provided include recreation facilities, community meeting halls, parks and play fields, tot lots, swimming pools, design features, water features, and similar amenities of a permanent nature.
E. 
Homeowner's Association. The developer of a master development plan shall establish a homeowner's association for residential areas within the master development plan for the purpose of maintaining common areas and enforcing the required covenants, conditions and restrictions (CC&R).
F. 
Acknowledgment of Master Development Plan/Development Agreement. All subsequent land owners and tenants occupying property within the area covered by the adopted master development plan shall sign a document specifying that they have received and reviewed a copy of the approved master development plan and/or the recorded development agreement which identifies the provisions, regulations, requirements, and standards governing the development and ongoing operation of the sites covered by the master development plan.
G. 
State or Federal Laws and Regulations. This section shall not apply to State university or governmental uses or related activities or uses, including uses as may be exempt under State or Federal law or regulation. The mixed-use designation may be used to refer to activities in areas that include private activity subject to this section which is not integrated into the governmental or State university uses.
H. 
Perimeter Requirements. The entire site shall be provided with a 20-foot wide landscaped perimeter setback, unless it is determined that the project, without a perimeter setback, would result in greater compatibility with the surrounding neighborhood(s).
(Prior code § 16-540.070; Ord. 023-07 C.S. § 113; Ord. 011-11 C.S. § 1, eff. 10-27-11)
After a public hearing, the Review Authority shall provide the decision and the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings.
A. 
Approval. The master development plan may be approved or amended only if all of the following findings of fact can be made:
1. 
Findings for Plan Approval and Amendments.
a. 
The proposed master development plan would be consistent with the objectives, policies, general land uses, programs, and actions of all applicable elements of the General Plan;
b. 
The master development plan would adequately address the physical development characteristics of the subject site(s);
c. 
The development standards identified in the master development plan would serve to protect the public convenience, health, safety, and general welfare;
d. 
Development of the subject site(s) covered by the master development plan would ensure a compatible land use relationship with the surrounding neighborhood;
e. 
The master development plan would be in compliance with all applicable requirements of this Development Code, local ordinances, and State law; and
f. 
The proposed master development plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
2. 
Finding for Amendments Only. A master development plan amendment shall require the following finding in addition to those in subsection (A)(1) of this section: the proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending.
B. 
Disapproval. A master development plan shall be disapproved if the Review Authority is unable to make all of the required findings of fact.
(Prior code § 16-540.080)
The Director shall provide written notice of the decision on the master development plan application to the applicant and interested parties within 10 days following the date of the decision.
(Prior code § 16-540.090)
In approving or amending a master development plan, the Council may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, location, maintenance, and operation of the proposed activities, as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.140.080 (Findings and decision), and to carry out the purpose and requirements of the applicable General Plan designation and this Development Code.
(Prior code § 16-540.100)
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; review of the project; and effective date of the project following approval of a master development plan shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures shall apply, as appropriate, after approval of a master development plan:
A. 
Appeals. Appeals in compliance with Chapter 16.100 (Appeals);
B. 
Changes to a Master Development Plan. Development of a master development plan shall be established only as approved by the Council and subject to any conditions of approval, except where changes to the project are approved utilizing the same procedure used to approve the original master development plan. In addition, the Director may authorize minor changes to a master development plan as provided in the master development plan;
C. 
Interpretation. The Director shall have the authority to interpret the precise language of the master development plan to determine if a proposed use, while not specifically listed as an allowable use, would be consistent with and share the same or similar characteristics of an allowed use identified in the adopted master development plan;
D. 
Periodic Review. The Director shall review the adopted master development plan every five years to ensure compliance by the applicant or the successor(s)-in-interest. During this review, the applicant, or the successor(s)-in-interest, shall demonstrate compliance with the terms of the master development plan to the satisfaction of the Director. The burden of proof is upon the applicant or successor(s)-in-interest. If the applicant or successor(s)-in-interest are not in compliance, the City has the authority to initiate a General Plan and Zoning Map amendment;
E. 
Revocation or Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification); and
F. 
Site Plan Review.
1. 
Applicability. Site plan review, in compliance with Chapter 16.152 (Site Plan Review), shall be required to implement all or any portion of an adopted master development plan, except for those uses that require another type of discretionary permit (e.g., use permit, etc.) identified in the adopted master development plan.
2. 
Director's Authority. The Director shall have the authority to issue an implementing Site Plan Review that is consistent with the adopted Master Development Plan.
(Prior code § 16-540.110)