Division 8 — SPECIFIC PLAN

Sec. 29-334. - Purpose.

The purpose of this division is to provide a process for the development, adoption, and amendment of specific plans and to ensure that the zoning ordinance is consistent with state law regulating specific plans, and in particular, article 8 of chapter 3 of the California Government Code, commencing with section 65450.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Specific plan required. An adopted specific plan is required for all proposed development projects greater than or equal to forty (40) acres in size. The specific plan shall be submitted to the city and prepared as required by state specific plan law and the requirements of this division. Proposed development projects less than forty (40) acres may be developed under a specific plan, although doing so is not required by this chapter.

(b)

Criteria for specific plans.

(1)

Consistency requirements.

a.

Specific plans and amendments shall be consistent with the general plan.

b.

Following adoption of a specific plan, developments and uses of land, subdivisions (including tentative tract and parcel maps), public works projects, and development agreements shall be consistent with the specific plan.

(2)

Findings. The planning commission, prior to making written recommendations to the city council, and the city council prior to approving or approving with conditions or modifications a specific plan or specific plan amendment shall, on the basis of the application and testimony submitted, make all of the following findings:

a.

The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and policies embodied in the city general plan and other applicable plans and policies adopted by the city council.

b.

The proposed development is in accordance with the purposes and objectives of this zoning ordinance and the zone in which the site is located.

c.

The development will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the city. The city council may determine that there are overriding benefits that outweigh such detrimental effects.

d.

The specific plan and resulting development will be consistent with the provisions of state specific plan law.

(3)

Content requirements. A specific plan shall include a statement of its relationship and consistency with the general plan and compliance with California Government Code, section 65450. The city maintains full authority and discretion to determine how a specific plan will be prepared. The specific plan must address, in text and diagrams, the following issues:

a.

The existing uses of land within the planning area must be analyzed to determine the influence the land will have under the specific plan. Existing agriculture, flood plain, environmentally sensitive areas, slopes over ten (10) percent, seismic, sensitive biotic and wildlife communities may substantially affect the type of uses planned for the area. Land uses surrounding the planning area should also be analyzed and connections/transitions/buffers between uses designed to ensure compatibility with those uses identified by the specific plan.

b.

The proposed distribution, location, intensity, and extent of the uses of land within the planning area, including residential development, economic development, commercial/industrial development, parks, open space, lands to be dedicated for public use, and any easements to accommodate utilities or protect environmental resources.

c.

The proposed distribution, location, extent, and intensity of major infrastructure components including public and private transportation (including pedestrian ways, bike paths, bus turnouts, parking, public and private rights-of-way, and other transportation systems), parks and recreational facilities (including provision of public access ways), sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the planning area needed to support the land uses described in the specific plan.

d.

Development conditions and construction by which development will proceed (including architectural design and landscape concepts) and standards for the conservation, development and use of natural resources (including soils, vegetation and wildlife habitats, water, and energy) where applicable.

e.

Description of provisions to ensure compatibility with surrounding land uses and resources, addressing geologic and fire hazards.

f.

A program of implementation measures, including regulations, programs, public works projects and financing measures necessary to carry out the provisions of the preceding requirements.

g.

Any other subject that the city determines is necessary or desirable for general plan implementation or to base its decision to approve a specific plan.

(c)

Procedure. Where required by this chapter, specific plan review is to be conducted by the commission and council following the community development director's review and recommendation to the commission. The commission considers the application and forwards a recommendation to the council, which has final decision-making authority. Figure 29-335.1 illustrates the specific plan process described below:

(1)

Application.

a.

An application for a specific plan shall be filed by the owner of the property for which the permit is sought or by the agent of the property owner duly authorized in writing. If an application involves more than one (1) property with different ownership, a map identifying the extent of the ownership of those properties shall be submitted with the application.

b.

In order to ensure long term consistency with the general plan, the city may initiate the preparation and or amendment of a specific plan.

(2)

Filing fee. When the application for a specific plan is filed, a fee as established by the city council shall be paid, for the purpose of defraying the costs incidental to the proceedings.

(3)

Staff investigation. The community development director shall review the application for compliance with the following and forward a recommendation to the planning commission:

a.

The consistency requirements and specific plan content requirements as outlined in this section;

b.

The requirements and intent of this chapter;

c.

State environmental laws.

(4)

Planning commission hearing.

a.

Public hearing required. Upon receipt of the recommendation of the community development director, the planning commission shall hold a public hearing on the proposal.

b.

Notice. Notice of a hearing shall be given in accordance with division 2 of this article.

c.

Planning commission recommendation. The planning commission recommendation to the city council on all specific plan applications shall be in the form of a resolution recommending approval, approval with modifications, or denial of the application.

(5)

City council hearing.

a.

Time for hearing. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing on the proposal.

b.

Notice. Notice of a hearing shall be given in accordance with division 2 of this article.

c.

City council action. Following receipt of the planning commission recommendation, the city council may approve the specific plan with or without modifications by resolution or by adopting an ordinance. The city council may also deny the application.

Figure 29-335.1. Specific Plan Procedure

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(Ord. No. 24-03, § 2, 9-17-24)

Sec. 29-336. - Modifications, amendments and violations.

(a)

Modifications. If the city council proposes any substantial modification to the specific plan not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. Failure of the commission to act within forty-five (45) days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(b)

Amendments. Any amendment to an adopted specific plan shall be processed in the same manner as an application for original approval of the specific plan.

(c)

Amendment limitations. A specific plan may be amended as often as deemed necessary by the city council in accordance with the procedure set forth in section 29-335(c).

(d)

Repeal. A specific plan may be repealed in the same manner as it is required to be amended.

(e)

Violations. Violation of the requirements of a specific plan adopted by the city council constitutes a violation of the zoning ordinance and is subject to the provisions of section 29-361.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-337—29-340. - Reserved.