Specific Plans in the County of Sacramento shall be initiated, reviewed, prepared, approved and amended pursuant to the requirements of this chapter, Title
21, and the County of Sacramento Zoning Ordinance.
(SCC 0908 § 1, 1993)
Specific Plans are authorized by California
Government Code
which specifies minimum contents and provides for collection of fees
and an additional environmental review procedure. California law mandates:
A. A Specific
Plan shall include a text and a diagram or diagrams which specify
all of the following in detail:
1. The
distribution, location and extent of the uses of land including open
space, within the area covered by the plan.
2. The
proposed distribution, location and extent and intensity of major
components of public and private transportation, sewage, water, drainage,
solid waste disposal, energy and other essential facilities proposed
to be located within the area covered by the plan.
3. Standards
and criteria by which development will proceed, and standards for
the conservation and utilization of natural resources, where applicable.
4. A
program of implementation measures including regulations, programs,
public works projects, and financing measures necessary to carry out
paragraph (1), (2), and (3).
B. The
Specific Plan shall include a statement of relationship of the Specific
Plan with the General Plan.
California law also provides that a Specific Plan may include
optional contents to "address any other subjects which in the judgment
of the planning agency are necessary or desirable for the implementation
of the General Plan."
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(SCC 0908 § 1, 1993)
The purpose of the Specific Plan process is to provide an application
tool for use in implementing the County's General Plan on an area-specific
basis. A Specific Plan prepared in accordance with the requirements
set forth herein is intended to serve as a policy and/or regulatory
document, with policy direction and project development concepts consistent
with the County's General Plan, and the development standards and
zoning included to address the unique situations within the Specific
Plan area to provide regulatory controls.
In the event there is a discrepancy between standards adopted
within a Specific Plan and comparable regulations of the County of
Sacramento's Zoning Code or development standards, the standards and
regulations made part of the Specific Plan shall prevail.
(SCC 0908 § 1, 1993)
Pursuant to State law, after the legislative body has adopted
a General Plan, the Planning Agency may, or if so directed by the
legislative body, shall prepare Specific Plans for the systematic
implementation of the General Plan for all or part of the area covered
by the General Plan. Specific Plans shall be utilized to implement
the policy and intent of the County of Sacramento General Plan and
shall not be used to circumvent the General Plan process in which
general development policy is determined. California law provides
that a Specific Plan may include optional contents to implement the
General Plan. Each Specific Plan shall describe measures that are
being proposed to meet air quality mandates, address traffic congestion
and present land use designs responsive to travel by pedestrians,
automobile traffic and public transit.
The preparation and processing of Specific Plans shall be a
collaborative effort between the applicant and County staff. Input
shall be obtained from community members. Based on this input, the
County and applicant shall strive to create a plan that conforms to
Community-wide planning goals.
(SCC 0908 § 1, 1993)
Application fees for the review and preparation of Specific
Plans shall be set by a resolution of the Board of Supervisors as
provided by Section 65456 of the California
Government Code which
allows fees to be charged to recover the costs incurred to provide
staff time to review the applications, prepare, review, and comment
on the Specific Plan proposal and corresponding documents, and the
costs associated with the public hearing process. The applicant and
County shall enter into an agreement that specifies how fees are to
be charged to cover these costs.
(SCC 0908 § 1, 1993; SCC
1508 § 1, 2012)
A Specific Plan shall be initiated by the Board of Supervisors
by a resolution of intention.
A. Criteria
for Specific Plan Initiation.
1. Specific
Plans may be initiated either: (a) within the Urban Policy Area (UPA)
as identified in the adopted General Plan; (b) within any area inside
the Urban Services Boundary where a formal Community Plan update has
been initiated by the Board of Supervisors; or (c) within any other
area provided the Board of Supervisors determines that a Specific
Plan would be consistent with concurrent or pending amendments to
the General Plan.
B. Request
for Specific Plan Process. Request for preparation of a Specific Plan
may be initiated by either private parties or by the County.
Private parties wishing to use a Specific Plan to implement
General Plan policy shall petition the County requesting permission
to prepare a Specific Plan for their project. The petitioner shall
file a "Request to Prepare a Specific Plan" with the County of Sacramento
Community Planning and Development Department, and shall pay appropriate
fees for staff time to review the request. The petitioner is not required
to own or otherwise control the majority of the property requested
to be included within the Specific Plan area.
Said petition shall include:
1. A
description of the proposed project;
2. A
brief justification for the use of the Specific Plan process;
3. A
vicinity map drawn to scale showing the proposed Specific Plan area
and areas within one mile of the property;
4. A
location map drawn to scale showing the property and exterior property
lines within 500 feet of the subject property;
5. Mailing
labels with the names and addresses of property owners, and assessor's
parcel numbers for the properties shown on the location map, listed
from the latest assessor's roll;
6. The
existing land use (i.e., General Plan, Community Plan and Zoning)
designations for the properties shown on the map;
7. An
outreach plan that describes how the project proponent plans to inform
and engage neighbors and members of the general public about the proposed
project;
8. If located outside of the UPA, an explanation of how the proposed project meets the criteria specified in subsection
D of this section; and
9. Any
additional information required by the Planning Director to show the
need or desirability to utilize the Specific Plan process.
The initiation of a Specific Plan by the County shall require preparation of a staff report to the Board of Supervisors addressing subsections (B)(1) through (B)(9).
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C. Initial
Notification of Request to Initiate a Specific Plan. Upon scheduling
of the petition at a hearing of the Board of Supervisors, the Community
Planning and Development Department shall conduct an initial notification
of this hearing. Notice shall be given as described in Section 65091
of the California
Government Code. The applicant shall provide any
necessary mailing labels as part of the petition submittal. In addition,
the Department shall provide the appropriate local Community Planning
Advisory Council (CPAC) with a copy of the petition request and invite
comment of the CPAC prior to consideration of the petition by the
Board of Supervisors.
D. Criteria
for Specific Plan Initiation When Located Outside the UPA. The County
shall only accept applications to expand the UPA or initiate an expansion
of the UPA if the Board finds that the proposal meets the following
criteria:
1. Parallel
Processes to Expand UPA and Prepare Specific Plans. Proposed expansions
of the UPA will only be considered when accompanied by a request to
initiate a Specific Plan process for all land encompassed by the proposed
UPA expansion boundary;
2. Project
Justification Statement and Outreach Plan. Proposed projects to expand
the UPA must be accompanied by both a justification statement and
an outreach plan. The justification statement shall be a comprehensive
explanation of the proposed request and the development it would allow.
It must include background information, reasoning, and the goal(s)
and benefits of the proposed project;
3. Proximity
to Existing Urbanized Areas. Proposed UPA expansions must have significant
borders that are adjacent to the existing UPA or a city boundary;
and
4. Logical,
Comprehensive, and Cohesive Planning Boundaries. Proposed projects
to expand the UPA must consist of a contiguous set of parcels that
have a regular outside boundary consistent with logical planning boundaries.
All parcels within this boundary must be included in both the proposed
UPA expansion and the proposed Specific Plan.
F.
Consideration by Board of Supervisors. The petition and the
planning staff report shall be forwarded to the Clerk of the Board
and scheduled as an item on the agenda for a regularly scheduled Board
of Supervisors meeting. The Board of Supervisors may act to deny said
petition or accept the petition directing that the petitioner and
County prepare a Specific Plan for the area as proposed by the petitioner,
or as recommended in the staff report prepared by the County Community
Planning and Development Department. If the Board of Supervisors accepts
said petition, the Board shall adopt a resolution initiating the Specific
Plan process and may direct the formation of a technical advisory
committee, and may direct that a letter introducing the project be
circulated to key agencies and other interested parties.
(SCC 0908 § 1, 1993; SCC
1446 § 1, 2010; SCC 1508 § 2,
2012)
If the Board of Supervisors adopts a resolution initiating a Specific Plan pursuant to Section
21.14.065 of this chapter, no private applications for General Plan amendments, Community Plan amendments, rezones or tentative maps relating to property included within the area for which a Specific Plan has been initiated shall be accepted unless one of the following conditions is met.
A. The
Board of Supervisors has previously amended its resolution initiating
a Specific Plan to delete the property for which a General Plan amendment,
Community Plan amendment, rezone or tentative map is sought;
B. The
applicant desires to pursue such General Plan amendment, Community
Plan amendment, rezone or tentative map concurrently with the Specific
Plan and has entered into an agreement with the County to financially
participate in the preparation of the Specific Plan; or
C. The
Specific Plan relative to the property for which a General Plan amendment,
Community Plan amendment, rezone or tentative map is sought has been
approved, denied or withdrawn.
(SCC 0930 § 1, 1993; SCC
1508 § 3, 2012)
A. Application.
The application for a Specific Plan shall include a formal application
form with accompanying diagrams and other pertinent information regarding
proposed amendments to appropriate plans (e.g., General Plan, Community
Plan) or proposals to amend zoning provisions. These diagrams and
other information may consist of conceptual land use diagrams or,
in the event specific land uses have not been determined, objectives
describing the intent of urbanization. Due to the significant role
an adopted Specific Plan plays in the implementation of the General
Plan, project applicants should seek guidance from the Community Planning
and Development Department prior to submitting an application for
a Specific Plan. Such guidance regarding relevant General Plan goals,
policies, land use, and implementation programs may be provided through
pre-application conferences, written material, study sessions or other
appropriate means. Submission of this application will not begin the
County's formal 30 day application review process.
B. Initial
Environmental Review. The County's Office of Planning and Environmental
Review (PER) shall review the initial Specific Plan application and
may identify information and technical studies ultimately required
by the California Environmental Quality Act (CEQA). To the extent
possible, PER staff will review and validate reports submitted during
the initial review period describing base-line information and existing
conditions, from which assumptions on preparation of the Plan will
be made. Validation of these reports shall not preclude staff from
requiring additional information during the formal CEQA review process.
C. Community
Outreach. The application for a Specific Plan shall specify a community
outreach element that describes how the applicant intends to inform
the neighbors and/or surrounding community, and non-participating
property owners about the project and address community concerns.
The outreach plan may include neighborhood meetings, mailings, or
the formation of a Citizens Advisory Committee (CAC).
D. Technical Advisory Committee. As directed by the Board of Supervisors pursuant to Section
21.14.060(F), the County may assemble and convene a Technical Advisory Committee (TAC) comprised of select representatives from key County departments and other agencies. The TAC shall meet with the project applicant as necessary to discuss key project issues and shall review technical matters as appropriate. The Technical Advisory Committee shall provide the project applicant with information regarding County policy, standards and guidelines in response to the proposed project. The TAC is advisory; the County will have the authority to determine adequacy of documents pursuant to Section
21.14.070(E).
E. Preparation.
Prior to the actual preparation of the Plan or other technical studies,
the applicant shall meet with appropriate County staff and/or the
TAC to review assumptions, methodology, data and information resources,
timeframe and scope of work. These items shall be prepared to the
satisfaction of the Community Planning and Development Department
Director. The Specific Plan and accompanying technical documents and
studies may be prepared by the project applicant or applicant's representative.
The Specific Plan and related technical documents are, however, subject
to the review and approval of the County of Sacramento. The Planning
Director has the authority to require revisions to technical information
deemed inadequate. In the event that consensus between the project
applicant and the County is not reached, the Planning Director may
require that alternatives to the Plan be prepared and submitted for
review. These alternatives may be required in order to meet policies
of the General Plan and applicable Community Plan.
F. County
Staff Review of Draft Documents. In order to initiate the County's
formal application review process, the applicant shall indicate in
writing the submittal of a formal "request to initiate staff review"
along with all appropriate draft documents, such as Draft Technical
Studies or the Draft Specific Plan. The "request to initiate staff
review" shall begin the County's 30 day review period consistent with
the State Permit Streamlining Act (Section 65920 et seq.). The formal
request and draft documents shall be marked with a date received stamp.
During the 30 day review period, County staff may find the documents
incomplete and may request additional information. The project shall
not proceed forward until all additional information is received and
the application is deemed adequate and complete.
G. CEQA
Environmental Review. Following acceptance by the Office of Planning
and Environmental Review, staff, the Specific Plan shall be forwarded
processed for the preparation of the appropriate environmental documentation
pursuant to CEQA and the County's Procedures for Preparation and Processing
of Environmental Documents pursuant to the California Environmental
Quality Act (CEQA) ("Procedures"). A fee for the preparation of the
CEQA Environmental Document shall be estimated by the Environmental
Coordinator. The applicant shall be responsible for all costs associated
with preparation of the environmental document and shall pay such
fees as set forth in the County's Procedures.
H. Public
Review and Comment. Following publication of the CEQA Environmental
Document, the Specific Plan and Environmental Document shall be circulated
for public review and comment as provided for by State law and the
County's Procedures, and shall be scheduled for public hearing before
the County Planning Commission and Board of Supervisors.
(SCC 0908 § 1, 1993; SCC
1400 § 36, 2008; SCC 1508 § 4,
2012; SCC 1606 § 69, 2017)
Specific Plan documents shall be in substantial conformance
with the form and content outline as discussed by the County of Sacramento's
Specific Plan Procedures and Preparation Guide.
(SCC 0908 § 1, 1993)
The County Planning Commission is the appropriate authority
to review the Specific Plan application and may recommend denial or
approval of the Specific Plan. After review of the Specific Plan by
the Commission, the Plan and the Commission's recommendation shall
be referred to the Board of Supervisors for a final decision. If the
Planning Commission's recommendation is for denial, the Plan and the
justification for the Commission's recommendation shall proceed to
the Board of Supervisors without the necessity to file an appeal.
If the Commission's recommendation is for modification of the Specific
Plan, additional environmental review pursuant to CEQA and the CEQA
guidelines may be required.
The Board of Supervisors may approve or deny the proposed project.
If approval is granted, the Specific Plan shall be adopted in its
entirety by ordinance and referenced by Title and section in the Zoning
Ordinance.
(SCC 0908 § 1, 1993; SCC
1400 § 37, 2008)
Upon approval of the Specific Plan document by the Board of
Supervisors, the Community Plan and Zoning Map will delineate Specific
Plans in a manner similar to that of any other zoning district except
that each SP-zoned area shall be clearly outlined on the Community
Plan and Zoning Grid Map and bear a number which distinguishes it
from other Specific Plan areas. The assignment of the SP designation
and number services to provide a reference to the document. Upon approval,
in most cases an adopted Specific Plan will create zoning categories
unique to that Plan; these zoning regulations and standards will be
described within the Plan itself rather than within the Community
Plan, or in the Zoning Ordinance.
(SCC 0908 § 1, 1993)
Each Specific Plan shall specify the revision procedures and
define what types of modifications qualify as a revision. The approval
of the Planning Director will be required to incorporate revisions
requested of a Specific Plan. Revisions may consist of such items
as typographical errors, measurement errors or boundary adjustments
as allowed by the Specific Plan. Said revisions shall comply with
the requirements and intent of the Specific Plan and shall not change
the basic configuration or intent of the plan. An Initial Study shall
be prepared by the County's Environmental Coordinator for all applications
for revision to the Specific Plan to determine the appropriate environmental
document for processing the revision pursuant to CEQA and the County
procedures for preparation and processing of environmental documents.
(SCC 0908 § 1, 1993; SCC
1508 § 5, 2012; SCC 1606 § 70,
2017)
Proposals to amend a Specific Plan which necessitates a General
Plan Amendment to maintain consistency shall be subject to the limitations
General Plans have under the California
Government Code with regards
to the number of times amendments that may be considered in a year,
unless said amendment is deemed unnecessary due to criteria identified
in the Zoning Consistency matrix of the General Plan.
(SCC 0908 § 1, 1993)