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.
(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:
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)
