[9-21-2022 by Ord. 1782]
A. 
Purpose and Applicability.
This Section establishes procedures and requirements for Planned Developments. Additional information on the Planned Development Overlay (PD) zone can be found in Section 2.07.04 (Planned Development Overlay (PD)) of Article 2.
B. 
Review Authority.
A Planned Development (PD) Overlay Zone must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review, and the Planning Commission shall make a recommendation to the City Council.
C. 
Procedures.
1. 
Initiation.
An application for a PD Overlay Zone shall be initiated by a property owner or authorized agent, or by the Director, Planning Commission, or City Council. If the property is not under a single ownership, all owners must jointly file the application, and a map showing the extent of ownership shall be submitted with the application.
2. 
Application Contents.
A qualified applicant shall apply for a PD Overlay Zone on a form prescribed by the Community Development Department accompanied by the required fee. The Director may require an applicant to submit additional information and supporting data as considered necessary to process the application.
3. 
Zoning Amendment.
An application for a PD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 6.06 (General Plan and Zoning Amendments), and shall include a PD Permit/Plan.
4. 
PD Permit.
A PD Permit is required and shall be processed in the same manner as a Conditional Use Permit application, pursuant to Section 6.04.04 (Use Permits).
5. 
Tentative Subdivision Map.
When a PD Permit requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.
D. 
Required Findings.
A PD Permit and subsequent PD Overlay Zoning Map Amendment shall only be approved if all of the following findings are made:
1. 
The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;
2. 
The subject site is physically suitable for the type and intensity of the land use(s) being proposed;
3. 
Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in an increase in traffic levels or a reduction of levels of public services so as to be a detriment to public health, safety, or welfare;
4. 
The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
5. 
The development generally complies with applicable adopted design standards and guidelines; and
6. 
The proposed development will achieve superior community design, environmental preservation and/or substantial public benefit as compared to the development that would occur under the standards applicable to the underlying base zone.
E. 
Conditions of Approval.
In approving a PD Permit and PD Overlay Zone, the Review Authority may impose reasonable conditions deemed necessary to:
1. 
Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;
2. 
Achieve the general purposes of this Code or the specific purpose of the zone in which the project is located;
3. 
Achieve the findings listed above; or
4. 
Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.
F. 
Expiration and Extension.
1. 
Expiration.
a. 
PD Permit.
A PD Permit shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Permit may specify a development staging program exceeding two years.
b. 
Tentative Map.
Where a tentative map has been approved in conjunction with a PD Permit, the PD Permit shall expire upon the expiration of the tentative map.
c. 
Phased Development.
If the applicant intends to develop the project in phases, and the Review Authority approves phased development, the PD Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.
2. 
Extension.
The Director may approve extensions of time for PD Permits/Plans, including those approved by the Planning Commission or City Council, in accordance with the following:
a. 
Such extensions shall be approved only when it is found that the circumstances under which the permits were granted have not substantially changed.
b. 
At the discretion of the Director, such extensions shall be approved for not more than two years. Any requests for extensions beyond two years shall be reviewed by City Council.
G. 
Amendments of Approved Plans.
1. 
Amended Plans.
Amendments to a PD Overlay Zone or PD Permit/Plan may be requested by the applicant or its successors. Amendments to the approved Permit/Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.
2. 
Major Amendments.
Major amendments to an approved PD Overlay zone or PD Permit/Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes.
a. 
A change in the boundary of the PD Overlay Zone;
b. 
An increase or decrease in the number of dwelling units for the PD Overlay Zone that is greater than the maximum or less than the minimum stated in the PD Permit/Plan;
c. 
An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Permit/Plan;
d. 
Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Public Works Director;
e. 
Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Overlay Zone or to the overall major street system, as determined by the Public Works Director; or
f. 
Any other proposed change to the PD Permit/Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.
3. 
Minor Amendments.
Amendments not meeting one or more of the criteria listed in this Section shall be considered minor if they are consistent with and would not change any original condition(s) of approval. Minor Amendments may be approved by the Director.
H. 
Project Review.
Plans for a project in a PD Overlay Zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Permit/Plan and any conditions of approval. No project may be approved and no building permit shall be issued unless the project, alteration or use is consistent with an approved PD Permit.
[9-21-2022 by Ord. 1782]
A. 
Purpose.
This Section establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of the approval, subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
B. 
Applicability.
1. 
The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.
2. 
A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.
C. 
Review Authority.
1. 
The Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review (if applicable) and recommendation to the City Council. The Director may request input from other affected Departments as needed.
2. 
If the Development Agreement involves a land use matter, the Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council. If the Development Agreement does not involve a land use matter, it shall go directly to the City Council for review and decision-making.
3. 
The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission (if the development agreement involves a land use matter), may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.
D. 
Procedures.
An applicant for a development project may request that the City review the application as a Development Agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between these statutory provisions and this Section, this Section shall control.
1. 
Application Requirements.
Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Subsection G (Required Findings) of this Section.
2. 
Contents of Development Agreements.
a. 
Required Contents.
A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the general location, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability (assignment).
b. 
Additional Contents.
Development Agreements may also include the following:
i. 
Improvements and Fees.
A Development Agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.
ii. 
Conditions.
A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.
iii. 
Phasing.
A Development Agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
iv. 
Financing.
If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
v. 
Indemnity.
A Development Agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
vi. 
Performance Obligation Fees.
A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.
vii. 
Other Items.
Other components and provisions as negotiated by the City.
3. 
Application Completeness.
The Director shall review the application to determine whether or not it is complete. If it is found that the application is complete, the Director shall accept it for filing. If the application is found to be incomplete, the Director shall refuse to accept the application for filing and shall inform the applicant in writing of the items necessary to properly complete the application.
4. 
Concurrent Processing.
It is the intent of this Section that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to Development Code text amendments, rezoning, Planned Development permits, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.
E. 
Planning Commission Hearings and Recommendations.
1. 
Notice.
Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. 
Hearing.
The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 6.03.08 (Public Notice).
3. 
Recommendation to Council.
Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for action.
F. 
City Council Hearings and Actions.
1. 
Applicant Execution of Agreement.
A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.
2. 
Notice.
Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
3. 
Hearing.
After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).
4. 
Decision.
After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.
G. 
Required Findings.
After the public hearing, the City Council may approve, modify or disapprove the proposed Development Agreement. The City Council shall make the following findings for the approval of a Development Agreement:
1. 
The proposed Development Agreement and its provisions are consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.
2. 
The proposed Development Agreement and its provisions will not adversely affect the orderly development of property or the preservation of property value.
3. 
The proposed Development Agreement and its provisions will not be detrimental to the health, safety and general welfare.
H. 
Execution and Recordation.
Within 10 days after the ordinance approving the Development Agreement takes effect, the City Manager or his/her designee shall execute the Development Agreement on behalf of the City. The City Clerk shall record the fully executed Development Agreement with the County Recorder.
I. 
Periodic Review.
The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the City Manager or his/her designee shall review each approved Development Agreement. The City Manager shall provide a written report to the City Council on the status and performance of each Development Agreement.
1. 
Finding of Compliance.
If the City Manager or his/her designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.
2. 
Finding of Noncompliance.
If the City Manager or his/her designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or revision pursuant to this Chapter.
3. 
Appeal of Determination.
Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.
J. 
Amendment or Cancellation.
1. 
Mutual Agreement.
Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or his/her designee.
2. 
After Finding of Noncompliance.
If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or his/her designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.
3. 
Recordation.
If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.
4. 
Rights of the Parties After Cancellation or Termination.
If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land and payments of fees received by the City.
K. 
Effect of Approved Agreement.
1. 
Existing Rules and Regulations.
Unless otherwise specified in the Development Agreement, the City's rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.
2. 
Future Rules and Regulations.
A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.
3. 
State and Federal Rules and Regulations.
In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into, prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.
L. 
Enforcement.
The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this Section and in Government Code Section 65865.4 or any successor statute are non-exclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
[9-21-2022 by Ord. 1782]
A. 
Purpose.
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 subsection may be amended/replaced from time to time).
B. 
Intent and Relationship to Zoning.
1. 
A Specific Plan shall be utilized to provide more flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing, and desirable use of land than might be normally allowed under the zone and associated development standards applied to the property(ies).
2. 
A Specific Plan shall not be an alternative to adopted development regulations of the City unless an applicant can demonstrate that the specific plan achieves one or more of the following:
a. 
Provides for community benefits beyond those normally required under existing development regulations.
b. 
Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.
c. 
Provides for efficient street and utility systems through the clustering of structures.
3. 
A Specific Plan adopted by ordinance shall replace the base zone 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 Code.
C. 
Applicability.
At the discretion of the Director, a Specific Plan may be required under the following circumstances:
1. 
If the General Plan requires preparation of a Specific Plan for a particular geographic area;
2. 
For areas included within the City's sphere of influence and proposed for annexation to the City to address unique biological resources or create fiscal benefits for the city or enhance infrastructure; and
3. 
As a tool to assist in the comprehensive master planning of non-residential project sites.
D. 
Review Authority.
1. 
The Director shall negotiate the specific components and regulations of the Specific Plan on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected Departments as needed.
2. 
The Planning Commission shall act as the advisory body and review the Specific Plan to provide recommendation to the City Council.
3. 
The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Specific Plan based on consideration of the requirements of this Section.
E. 
Minimum Project Area.
1. 
The minimum project area for a privately initiated Specific Plan shall be 100 acres. For publicly initiated Specific Plans, there shall be no minimum project area size.
2. 
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.
F. 
Procedures.
1. 
Initiation and Pre-Submittal Requirements.
A Specific Plan may be initiated in the following manner:
a. 
By City Council minute order direction;
b. 
By an application being filed by or on behalf of 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:
i. 
A pre-application conference shall be conducted before the filing of a Specific Plan with the City. Pre-application meetings shall be conducted in conformance with Section 6.03.04 (Pre-Application Review and Conferences).
2. 
Preparation and Content.
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:
i. 
The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
ii. 
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;
iii. 
Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
iv. 
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;
v. 
A discussion of the relationship of the Specific Plan to the actions, goals, objectives, and policies of the adopted General Plan inclusive of detailed analysis as to how the Specific Plan complies with the actions, goals, objectives, and policies;
vi. 
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.
c. 
The Specific Plan application shall be accompanied by a market study prepared by a qualified real estate professional and/or land use economist that analyzes the "highest and best use" land use considerations for the property(ies) being considered for the Specific Plan; and
d. 
The Specific Plan application shall be accompanied by appropriate environmental analysis addressing compliance with the provisions of CEQA that assesses whether there will 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. This environmental analysis may be accompanied by one or more relevant supporting studies addressing environmental topical areas including but not limited to transportation, air quality, biological resources, water quality, noise, aesthetics, and cultural resources.
3. 
Application Filing, Processing, and Review.
a. 
A draft Specific Plan and application shall be filed with the Community Development Department and shall be accompanied by written and graphic documents intended to substantiate the request on a form provided by the Department. The draft plan shall be processed in the same manner as required for general plans by State law.
b. 
The required fee established by the City's fee resolution shall be submitted at the same time as the application submittal.
c. 
After the filing of an application draft Specific Plan, the Director or his/her designee shall review the draft plan and associated documents to determine whether it is in compliance with the provisions of the submittal requirements for the processing for a Specific Plan.
d. 
If the application for the draft plan is not in compliance, a notice of incompleteness shall be issued to the applicant with written specification(s) as to why it does not comply and with suggested revisions to ensure compliance.
e. 
When the applicant resubmits the required elements needed for a completeness determination to the department and the Director determines it is complete and in compliance with this Section, the proposed Specific Plan application shall be deemed to be accepted for processing.
f. 
The draft Specific Plan shall be subject to environmental review pursuant to the provisions of the CEQA.
4. 
Concurrent Processing.
It is the intent of this Section that the application for a Specific Plan will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planning review applications, and Conditional Use Permits. If combined with an application for rezoning, planning review application, or Conditional Use Permit, the application for a Specific Plan shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Specific Plan is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval. The applicant shall proceed at known risk and any decision for the other associated applications shall be contingent upon the City Council's approval of the Specific Plan.
G. 
Planning Commission Hearings and Recommendations.
1. 
Notice.
Public notice of hearings by the Planning Commission for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Specific Plan.
2. 
Hearing.
The public hearing(s) shall be held after transmittal to and receipt of comments from other City Departments and external review agencies, required noticing, as applicable, to Native American Indian tribes, the conduct of required environmental analysis and associated noticing, as applicable, and the conduct of required public noticing. The Planning Commission shall conduct one or more public hearings for making recommendations to the City Council in conformance with the provisions of Section 6.03.09 (Public Hearings).
3. 
Recommendation to City Council.
Following the conclusion of the public hearing process, the Planning Commission shall recommend to the City Council the approval, approval in modified form or disapproval based on making required findings per Subsection I (Required Findings) of this Section. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council for final action.
H. 
City Council Hearings and Actions.
1. 
Notice.
Public notice of hearings by the City Council for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.
2. 
Hearing.
After receiving the report from the Planning Commission but no later than the time specified in Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).
3. 
Decision.
After the City Council completes the public hearing(s), the City Council shall approve, modify, or deny the Specific Plan. Approval of a Specific Plan shall be by ordinance in compliance with State law (Government Code Section 65453). The ordinance shall refer to and incorporate by reference the text of the Specific Plan. If there are any substantial change(s) to the Specific Plan that were not considered by the Planning Commission at time of Council review and consideration, the Council may refer the Specific Plan back to the Commission for its recommendation on said changes, in compliance with State law (Government Code Section 65356). The failure of the Planning Commission to report within 45 days after the referral, or within the time set by the City Council, shall be deemed a recommendation for approval.
I. 
Required Findings.
After the public hearing, the City Council may approve, modify, or disapprove the Specific Plan. The City Council shall make the following findings for the approval of a Specific Plan:
1. 
The proposed Specific Plan is consistent with the General Plan and all relevant elements and is not inconsistent with any element thereof;
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(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;
4. 
The Specific Plan provides for community benefits beyond those normally required under existing development regulations;
5. 
The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;
6. 
The Specific Plan provides for efficient street and utility systems through the clustering of structures;
7. 
The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;
8. 
The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;
9. 
The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;
10. 
The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;
11. 
The Specific Plan has been 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 transportation access;
12. 
The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:
a. 
Provides for community benefits beyond those normally required under existing development regulations.
b. 
Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.
c. 
Provides for efficient street and utility systems through the clustering of structures.
13. 
There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;
14. 
The Specific Plan is the "highest and best use" of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and
15. 
The proposed project has been reviewed in compliance with the provisions of 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.
J. 
Execution and Implementation.
1. 
After the adoption of a Specific Plan, a public works project, a tentative map or parcel map, or an amendment to this Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan.
2. 
Implementation of development projects within an area covered by a Specific Plan shall require the filing and approval of all applicable development permits unless filed and reviewed concurrently with the Specific Plan application.
3. 
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).
K. 
Amendments.
1. 
A Specific Plan may be amended through the same procedure specified by this Section 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).