A.
Process. This chapter is intended to provide a process for
the preparation, review, and amendment of a specific plan application.
B.
Overall Development. A specific plan would, at a minimum,
show the overall development, identify public facilities and capital
infrastructure needed for the proposed project, and establish project
specific development standards.
(Prior code § 16-560.010)
The provisions of this chapter shall be under the authority of, and be fully consistent and in full compliance with, the City Charter and the provisions of State law (Article 9 of Chapter 3 of Chapter 1 of Title 7, commencing with Section 65450 of the Government Code).
(Prior code § 16-560.020)
The Council is the Review Authority for specific plans, based
on the recommendation of the Commission.
(Prior code § 16-560.030)
A specific plan shall be prepared, processed, approved (or disapproved),
implemented, and amended in compliance with this chapter for the following:
A.
Specific Plan Required. Cases where a specific plan is required
by the General Plan or this Development Code to systematically implement
the General Plan for any part of the City;
B.
Focused Planning Effort. Areas that would benefit from a focused
planning effort in which infrastructure, land use relationships, land
use intensities, public service needs, and resource protection goals
can be carefully examined and planned in a comprehensive manner; or
C.
Benefit the City. Other areas in which the Council believes
the use of a specific plan would benefit the City.
(Prior code § 16-560.040)
A specific plan may be initiated as follows:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission; or
C.
Property Owner. By an application being filed by the owner(s),
or their authorized agent(s), of property which would be the subject
of the specific plan along with the applicable fee. If initiated by
owner(s) of property, a pre-application conference with the Director
shall be strongly encouraged before the filing of a formal specific
plan application.
(Prior code § 16-560.050)
An 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 a handout furnished by
the Department and State law (Government Code Section 65451). The
following information shall be provided:
A.
Proposed Land Uses. The distribution, location, extent, and
timing and phasing of land uses proposed within the area covered by
the specific plan, including open space areas;
B.
Infrastructure. The proposed distribution, location, extent,
and intensity of major components of public and private drainage,
energy, sewage, solid waste disposal, circulation/transportation,
water, and other essential facilities proposed to be located within
the specific plan area and needed to support the proposed land uses;
C.
Land Use and Development Standards. Standards, criteria, and
guidelines 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,
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 specific plan to the objectives, policies, general land uses,
and programs of the General Plan; and
F.
Additional Information. The specific 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 specific
plan, applicable policies of the General Plan, or any other issue(s)
determined by the Director to be significant.
(Prior code § 16-560.060)
A.
Filing. A draft specific plan shall be filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review.
1.
The Director shall review the draft specific plan to determine whether it conforms with the purpose, intent, and provisions of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
2.
If the draft plan is not in compliance, it shall be returned to the
applicant with a written specification(s) as to why it does not comply
and with suggested revisions to ensure compliance.
C.
Development Review Committee (DRC). Following the specific
plan being deemed complete, the DRC shall review the proposed specific
plan and forward a written recommendation to the Director.
D.
Notice and Hearings.
(Prior code § 16-560.070)
A.
Requirements and Standards. Unless clearly stated otherwise
in the adopted specific plan, the provisions, regulations, requirements,
and standards governing the development and ongoing operation of the
sites covered by the specific plan shall be in compliance with the
requirements of this Development Code and adopted City, County, and
State standards and ordinances.
B.
Use of Consultants. The Council shall have the authority to
enter into a contract with a consultant(s) to review a specific 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.
C.
Amenities. In addition to the minimum requirements for development,
at least one amenity shall be provided for each specific 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.
D.
Homeowner's Association. The developer of a specific plan
shall establish a homeowner's association for residential areas within
the specific plan for the purpose of maintaining common areas and
enforcing the required covenants, conditions and restrictions (CC&R).
(Prior code § 16-560.075; Ord. 023-07 C.S. § 115; 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 specific plan may be approved
only if all of the following findings of fact can be made.
A.
Approval. A specific plan shall only be adopted if it is determined
that the proposed specific plan would be:
B.
Disapproval. A specific plan shall be disapproved if the Review
Authority is unable to make all of the required findings of fact.
(Prior code § 16-560.080)
The specific plan shall be adopted by ordinance, or by resolution
of the Council, in compliance with State law (Government Code Section
65453) and shall become effective on the 31st day following the date
the public decision is rendered by the Council.
(Prior code § 16-560.090)
A.
Consistency With Specific Plan. All public works projects,
tentative maps or parcel maps, and amendments to the Zoning Map for
an area covered by a specific plan may only be approved/ adopted if
it is first found consistent with the adopted specific plan.
B.
Interpretation. The Director shall have the authority to interpret
the precise language of the specific 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 specific plan.
C.
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 specific plan, except for those uses that require another type of discretionary permit (e.g., use permit, etc.) identified in the adopted specific plan.
2.
Director's Authority. The Director shall have the authority
to issue a site plan that is consistent with the adopted specific
plan.
D.
Amendments. An adopted specific plan may only be amended through
the same procedure identified by this chapter for the adoption of
a specific plan.
(Prior code § 16-560.100)
