§ 9107.21

A.

Purpose. Specific plans are a significant planning tool. The purpose of this Section is to provide a method for preparing, processing, reviewing, and adopting specific plans to, in compliance with Government Code Section 65450 et seq. or as that section may be amended or replaced from time to time. In addition, it is the purpose of this Section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time.

B.

Intent. After the Council has adopted the General Plan, or any amendment to the General Plan, the Department may, or as directed by the Council, shall prepare or cause the preparation of specific plans for the systematic implementation of the General Plan.

A.

Specific Plan Required. When required by the Council, the General Plan, or this Development Code to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved, and implemented in compliance with this Section.

B.

Flexibility and Innovation. A specific plan is designed to provide for adequate flexibility, innovative use of land resources and development, a variety of building, development, and housing types, land use mixes, site design, development concepts, and an effective and safe method of pedestrian and vehicular circulation.

C.

Council Authority Under the City Charter. The Council is authorized to prepare, adopt, and amend specific plans in compliance with Article II, Section 200 of the City Charter. Nothing in this Section shall be construed as adopting directly or indirectly those provisions of the Government Code from which the City of Arcadia, a Charter City is exempt.

D.

Commission and Council Review. An application for a specific plan shall be considered by the Commission and Council.

A specific plan or its amendment may be initiated in the following manner:

A.

Council. By the majority consensus of the Council, with or without a recommendation from the Commission; or

B.

Property Owner(s). By an application being filed by the owner(s) of one or more parcels, or the owner's authorized agent, that would be the subject of the specific plan. If the property for which a specific plan or specific plan amendment is proposed is held in multiple ownerships, all the owners or their authorized agents shall join in filing the application. If initiated by a property owner(s), a pre-application conference as specified in Subparagraph C., below is required.

C.

Pre-Application Conference Required. A pre-application conference with the Director before the filing of a specific plan application is required, in compliance with Section 9107.03.020 (Application Submittal).

1.

The purpose of the pre-application conference is to allow the property owner(s) or property owner's agent to obtain information before entering into binding commitments incurring substantial expense in the preparation of plans, surveys, and other data. Coordination and preparation of environmental documentation shall be discussed.

2.

The preliminary consultations shall include, but are not limited to, the following:

a.

Proposed land uses to be developed within the project area;

b.

Development concepts to be employed;

c.

Schematic plans, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features; and

d.

A preliminary time schedule for development, including quantitative data (e.g., population, building units, land use acreage, and other data) sufficient to illustrate phasing of development and potential impact on public service requirements.

Pre-application review shall not constitute any representation on the part of the City that a specific plan will be prepared or approved for the property or that any other application pending or otherwise will be approved.

D.

Neighborhood Meeting(s). A neighborhood meeting is strongly encouraged with surrounding property owners and arranged by the project proponent(s).

E.

For property Located in Unincorporated Territory. If the property for which a specific plan or specific plan amendment is proposed is located in unincorporated territory it will serve as prezoning for the property. Whether initiated by the City or by the owner(s), a proposal and/or the adoption or amendment of a specific plan for unincorporated territory will not constitute any representation on the part of the City that the City will apply for a sphere of influence amendment or annexation in compliance with Government Code Sections 56428 and 56453.

If initiated by a property owner(s), the specific plan application or an amendment shall comply with all of the following:

A.

Filing. An application for a specific plan or an amendment shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified by the most up-to-date Department handout for specific plan applications and Subsection 9107.21.050 (Application Processing), below, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the finding required by Subsection 9107.21.060 (Adoption or Amendment of a Specific Plan), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Minimum Site Area. The minimum site area for a specific plan shall be one and one-half acres in total land area. The site may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept.

C.

Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action in compliance with this Section and Section 9107.03 (Application Processing Procedures).

D.

Public Notice and Hearing Provisions. All specific plan applications shall be subject to the following public notice and hearing provisions:

1.

Public hearings shall be required for the Commission's recommendation and the Council's action on a specific plan or an amendment.

2.

The public hearings shall be scheduled once the Director finds the application complete in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

3.

Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for a Zoning Map Amendment by State law, and as follows:

A.

Director's Evaluation.

1.

After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Section.

2.

If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

3.

When a draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this Section, the plan shall be deemed to be accepted for processing, in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Environmental Review Required. The draft specific plan shall be subject to environmental review as identified in Subsection 9107.03.070 (Environmental Assessment).

C.

Distribution of Materials. Copies of the draft specific plan shall be distributed by the Director to the relevant City departments, and each local agency with special expertise, along with any environmental documentation.

D.

Staff report. A written staff report shall be prepared for the draft specific plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption.

E.

Commission's Recommendations. Following the public hearing, the Commission shall indicate by resolution whether the specific plan or specific plan amendment is recommended to the Council for approval, approval in modified form, or denial in compliance with Subsection 9107.21.060 (Adoption or Amendment of a Specific Plan), below, and Section 9108.03 (Amendments). The City Clerk shall be notified of the Commission's recommendation.

F.

Council Review and Action. The Council, after receipt of the report and recommendations of the Commission, shall hold a public hearing to consider the specific plan or the specific plan amendment.

1.

The Council may approve, approve with modifications, or deny a proposed specific plan or specific plan amendment in compliance with Subsection 9107.21.060 (Adoption or Amendment of a Specific Plan), below, and Section 9108.03 (Amendments). Approval of the specific plan or specific plan amendment shall be by ordinance.

2.

If the Council approves the specific plan with modifications, a final reproducible specific plan document shall be submitted to the City within 30 days following the first reading of the ordinance adopting the specific plan.

G.

Public Notice and Hearing Provisions. Notice of the public hearings specified in Subparagraphs E. and F., above, shall be given and the hearings shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

9107.21.060 - Adoption or Amendment of a Specific Plan.

A.

Mandatory Finding for Adoption or Amendment. The Commission may recommend approval and the Council may approve a specific plan or specific plan amendment only if it first makes all of the following findings:

1.

The proposed specific plan or specific plan amendment is consistent with the General Plan, including its goals, objectives, policies, and action programs.

2.

The proposed specific plan or specific plan amendment is a desirable planning tool to implement the provisions of the General Plan.

3.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and general welfare or result in an illogical land use pattern.

4.

In the case of a specific plan amendment, the following additional finding shall be made before its adoption: The proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

5.

In the case of a specific plan located within unincorporated territory, the following additional finding shall be made before its adoption: The proposed specific plan is consistent with the planning and prezoning designation provided for the specific plan area or alternatively functions as prezoning for the unincorporated territory.

B.

Frequency of Amendments. The specific plan may be amended as often as deemed necessary by the Council in compliance with Government Code Section 65453.

C.

Project Consistency Under a Specific Plan. No local public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no Development Code Text or Zoning Map amendment may be approved within an area covered by a specific plan unless it is first found consistent with the adopted specific plan in compliance with Government Code Section 65455.

D.

Repeal of a Specific Plan or Amendment. A specific plan or specific plan amendment may be repealed in the same manner as it is required to be amended, in compliance with this Section.

This Section shall apply to any specific plan or specific plan amendment application filed and accepted as complete by the City on or after January 1, 1995.

Section 9107.23 - Temporary Use Permits.