Calaveras County Municipal Code Ch. 17.40 Specific Plans

The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq., or as that Section may be amended or replaced from time to time. The purpose of a specific plan is to systematically implement the general plan in particularly designated areas.

The procedures of this chapter shall apply to all proposals for the adoption or amendment of a specific plan.

The planning commission shall act as the advisory body for all specific plans and provide recommendations to the Board of Supervisors. The board of supervisors shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all Specific Plans.

A specific plan may be initiated by any qualified applicant identified in Section 17.27.020, Application Forms and Fees, the planning director, or by the board of supervisors or Planning Commission.

A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.27, Common Procedures. The planning department may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

A specific plan shall include, but is not limited to, text and diagrams that specify all of the following in detail:

A. The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;

B. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

C. Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, and parking;

D. Standards that address the conservation, development and utilization of natural resources, where applicable;

E. A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out subsections A, B and C listed above;

F. A statement of relationship of the specific plan to the general plan, including a statement of how the specific plan implements the goals and policies of the general plan; and

G. Any other subject that, in the judgment of the planning director, planning commission or board of supervisors, are necessary or desirable for implementation of the general plan.

A. Public Hearing and Notice. All specific plans shall be referred to the planning commission, which shall conduct at least one public hearing on any proposed specific plan. At least ten days before the date of any public hearing, the county shall provide notice as provided for in Section 17.27.070, Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed specific plan.

B. Planning Commission Hearing and Recommendation.

1. Planning Commission Hearing. Before submitting a recommendation report to the board of supervisors, the planning commission shall conduct at least one public hearing in accordance with Section 17.27.080, Conduct of Public Hearings.

2. Recommendation to Board of Supervisors. Following the public hearing, the planning commission shall make a written recommendation on the proposed specific plan. A recommendation for approval shall be made by the affirmative vote of not less than three members of the planning commission. The planning commission's recommendation shall be transmitted to the board of supervisors.

a. Approval. If the planning commission has recommended approval of the proposed specific plan, the board of supervisors is required to take final action pursuant to Section 17.40.070.C, Board Of Supervisors Hearing and Action.

b. Denial. If the planning commission has recommended against the proposed specific plan, the board of supervisors is not required to take any action unless an appeal is filed in accordance with Section 17.27.140, Appeals.

C. Board of Supervisors Hearing and Action.

1. Board of Supervisors Hearing. After receiving recommendation of approval from the planning commission or if an appeal has been filed on a recommendation of denial, the board of supervisors shall hold a noticed public hearing in accordance with Section 17.27.070, Public Notice, and Section 17.27.080, Conduct of Public Hearings. The notice for the hearing shall include the planning commission's recommendation.

2. Board of Supervisors Action. After the conclusion of the hearing, the board of supervisors may approve, modify, or deny the proposed specific plan. If the Board proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed revision shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty-five days after the referral shall be deemed a recommendation for approval and the specific plan shall be returned to board for adoption.

D. In connection with adoption of a specific plan, the zoning map shall be amended by an ordinance adopted by the board of supervisors to apply the SP overlay zone to the area covered by such specific plan.

The planning commission shall not recommend and the board of supervisors shall not adopt a specific plan or amendment thereto, unless the following findings are made:

A. The specific plan implements and is consistent with the general plan.

B. The proposed development will be superior to development otherwise allowed under conventional zoning.

C. The proposed development will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the county.

D. The specific plan complies with the California Environmental Quality Act (CEQA).

The specific plan shall be adopted by ordinance, or by resolution of the Board, 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 Board.

A specific plan may be amended in the same manner as it was adopted, except minor amendments as provided for below.

A. Minor Amendments. Minor amendments that are consistent with the original findings and do not substantively alter one or more of the approved specific plan components may be approved by the planning director. The director has discretion to require any request for an amendment to a specific plan be processed through the same procedure identified by this chapter for the adoption of a specific plan.