Chapter 17.37 — SP, SPECIFIC PLAN DISTRICT

The purpose of the SP, specific plan district is to provide a vehicle for implementing the city’s general plan on an area-specific basis. A specific plan prepared in accordance with the standards set forth in this chapter is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable regulations of this code, the specific plan will prevail. (Ord. 714 § 3 (part), 1991)

Specific plans are authorized by California Government Code Section 65450 et seq., which specifies minimum contents and provides for fees and an additional environmental review procedure (Section 65457). (Ord. 714 § 3 (part), 1991)

Chapters 21 and 40 of the General Plan encourage preparation of specific plans and identify certain areas of the city for which a specific plan is required prior to development. A specific plan zoning may be considered for other areas of the city which are approximately one hundred acres in size or larger. To be considered for application of the SP zoning district an area should possess 1 or more of the following characteristics:

A. Rapidly and/or newly urbanizing, with significant new demand for public facilities and
services;

B. Possessing unique physical, cultural or locational conditions, in particular, significant
natural resources to be preserved or utilized, but including any other unusual conditions
which warrant special care in planning;

C. Proposed for a complex mixture of uses;

D. Held in multiple ownerships. This characteristic is more significant in combination with
others listed;

E. Physically and/or economically deteriorating or marginal.
(Ord. 714 § 3 (part), 1991)

It is not necessary for specific plan areas to be delineated on the general plan land use map. On the zoning map a specific plan district will be delineated in a manner similar to that of any other zoning district except that each SP-zoned area shall also bear a number which distinguishes it from other specific plan areas. In most cases an adopted specific plan will create zoning categories unique to that plan; those zonings will be described within the plan itself rather than on the zoning map or in this code. (Ord. 714 § 3 (part), 1991)

A. A specific plan shall be adopted by resolution, following public hearings before the planning commission and city council. For subject areas which are expected to benefit by updating (signage, for example), supplementary documents such as design standards may also be adopted by resolution. Application for other entitlements may be made simultaneously with the specific plan application. In some circumstances simultaneous applications may in fact be necessary.

B. Prior to adoption of a specific plan, the plan area must be zoned SP and assigned a number
as required in Section 17.37.040. The zoning and specific plan applications may be
processed simultaneously. In some areas it may be necessary or appropriate to link
adoption of the specific plan with adoption of other entitlements or programs such as
subdivision or parcel maps, area facilities plans, design guidelines, monitoring programs,
PD permits, financing mechanisms, etc. The specific plan adoption resolution shall define
the relationship of the plan to other approvals, whether separately or simultaneously
requested.
(Ord. 714 § 3 (part), 1991)

The application for a specific plan shall be in accordance with public hearing processes prescribed in Government Code Section 65453 and shall include text and diagram(s) as required by the planning commission to properly evaluate the ability of the proposed specific plan to carry out the city’s general plan. Due to the significant role an adopted specific plan plays in the implementation of the general plan, application preparers shall seek guidance from the community development department and, if necessary, the planning commission, prior to submitting an application for a specific plan. Such guidance regarding relevant general plan goals, policies, land use and implementation programs shall be provided through preapplication conferences, written material, study sessions or other appropriate means. Application and implementation fees for specific plans shall be as set by resolution of the city council. (Ord. 714 § 3 (part), 1991)

A. State Requirements.

1. A specific plan shall include a text and diagram(s) detailing the following:

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

b. 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 and needed to support the land uses
described in the plan;

c. Standards and criteria by which development will proceed, and standards for the
conservation, development and utilization of natural resources, where
applicable;

d. A program of implementation measures including regulations, programs, public
works projects and financing measures necessary to carry out paragraphs a, b
and c of this subdivision.

2. The specific plan shall include a statement of the relationship of the specific plan to
the general plan.

B. City Requirements.

1. The city’s requirements include the state requirements listed above, but in sufficient
depth, scope and detail to provide not only policies for the development of the area
but also specific standards for regulating that development. As specified in Chapter
21 of the general plan, a specific plan must include the following:

a. The proposed land uses for all areas covered by the plan;

b. The types and configurations of building to be included in all developments
within the plan area;

c. The location of and types of streets;

d. Public facilities and infrastructure required to serve developments within the
specific plan area;

e. A parking and circulation plan for off-street parking areas showing the location
of parking lots, the approximate number of spaces, and the approximate location
of entrances and exits;

f. Proposed conservation, open space and/or recreation areas, if any;

g. In the historic Folsom area, an historic preservation program and building
design guidelines to ensure compatibility of new construction with the existing
land uses;

h. Any other programs, guidelines or standards that are appropriate for the area covered by the plan.

2. To meet the goal of tailoring general plan implementation to a specific area, no 1
format is prescribed, but the text and diagrams prepared must be organized in a
manner that clearly states the goals of the specific plan and clearly sets forth
regulations in a format readily usable by both professionals and lay persons who may
have a role in implementing the specific plan. The community development
department shall provide a checklist and examples of specific plan contents to assist
applicants.
(Ord. 714 § 3 (part), 1991)

It is anticipated, under the California Environmental Quality Act and Guidelines, that most specific plans will require preparation of an environmental impact report. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. An initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared.

(Ord. 714 § 3 (part), 1991)

A specific plan may be amended as necessary, under the same procedure as adoption of a specific plan. (Ord. 714 § 3 (part), 1991)

Since specific plan applications are flexible, expiration will be determined on a case-by-case basis. Like other city regulations, most specific plan approvals will not expire unless replaced by a subsequently adopted specific plan or rendered obsolete by adoption of a conflicting general plan designation. In some cases, however, limiting the duration of an approval may be appropriate, i.e., when the specific plan is linked to another entitlement which expires, such as a tentative subdivision map. The resolution adopting a specific plan shall specify the duration of the specific plan and any means of extension, which may include an evaluation of an applicant’s due diligence in satisfying specific plan provisions. (Ord. 714 § 3 (part), 1991)

CHAPTER 17.38 P.D., PLANNED DEVELOPMENT DISTRICT

The purposes of this chapter are to allow greater flexibility in the design of integrated developments than otherwise possible through strict application of land use regulations, to encourage the creative and efficient use of land, and to encourage the efficient allocation and maintenance of privately-controlled open space through the redistribution of overall density where such redistribution is desirable and feasible. The Planned Development district is not intended to reduce the allowed density of development as specified in the general plan or to amend the allowed use of property as specified in the underlying zoning district. The Planned Development (“P.D.”) district is intended to be a combining district. P.D. Permits shall be considered by the planning or historic district commission (referred to collectively as commission) as appropriate. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

The specific regulations and the general rules set forth in Chapter 17.58 apply in all P.D. districts, except that where conflict occurs, the regulations and standards specified in or pursuant to this chapter shall apply. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

P.D. permits may be established in all areas of the city so long as they accomplish the purposes of this chapter and are consistent with the general plan and the underlying land use district. Land included within a P.D. district is subject to the requirements and restrictions set forth in this chapter in addition to the underlying land use district; provided, however, that in granting a planned development permit pursuant to this chapter, the commission may modify regulations (i.e., development standards) set forth in this title which would otherwise be applicable to the property. Modification to the allowed density or use of the property as specified in the general plan land use designation or underlying zoning district may not be authorized or required in conjunction with the P.D. permit. Changes to the allowed density or use of the property shall require a general plan amendment and/or rezoning of the property accordingly.

A planned development permit shall be required for development within a P.D. district and no building permit shall be issued until the planned development permit has been granted. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

A. P.D. districts shall be established or disestablished in accordance with the procedure pertaining to amendments of the zoning ordinance set forth in Chapter 17.58 of this title.

B. The P.D. district must be established prior to or at the same time that the planned
development permit is granted. The establishment of a P.D. district shall not confer upon
the applicant the right to a planned development permit.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

§ 17.38.050. P. D. permit – Procedure.

An application for a planned development permit shall be submitted to the commission in writing
on a form prescribed by the commission and shall be accompanied by a fee as established by
resolution of the city council. The procedural requirements for a planned development permit
hearing, action by the commission, expiration or extension of a planned development permit, or
appeal of the commission’s action with respect to the permit shall be governed, to the extent the
provisions of this section are not in conflict, by the provisions of Chapter 17.60 of this title.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

§ 17.38.060. P. D. permit – Application.

All development within a P.D. district requires a planned development permit. The application
for a planned development permit shall include the following:

A. A map or maps showing:

1. Topography of the land, contour intervals, as required by the commission,

2. Proposed street system and lot design,

3. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school
sites, public or quasi-public buildings and other such uses,

4. The type of use (residential, commercial or industrial) which is proposed and the
location of the areas proposed for such uses,

5. Proposed locations of buildings on the land,

6. Landscaping plans,

7. Signage,

8. Total acreage of the development and the method of calculating the residential
density.

B. General elevations or perspective drawings of all proposed buildings and structures other
than single-family residences.

C. A description of the zoning regulations which applicant seeks to vary.

D. Other data and information which may be deemed necessary by the commission for proper
consideration of the application.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

Uses permitted are all uses permitted in the underlying district and which are consistent with the general plan. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

The regulations of the underlying zone relating to height, setback, lot area and coverage, parking and other provisions of the title may be varied when such variance will result in improved design of the development and will permit desirable arrangements of structures in relation to parking areas, parks and parkways, pedestrian walks and other such features. Such variance may be provided for as a condition of the planned development permit granted pursuant to this chapter. Except as otherwise provided in the general plan or zoning code (i.e., density bonus, uses not listed), no variance as to allowed density or land use shall be permitted. The findings necessary to permit a variance under Chapter 17.62 need not be made. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

In approving a planned development permit, the commission shall comply with the following standards:

Design Standards. The proposed development project must be designed to provide open space, circulation, off-street parking and other conditions in such a way as to form a harmonious, integrated project of sufficient quality to justify exceptions to the normal regulations of this title. (Ord. 589 § 1 (part), 1987; Ord. 858 § 11, 1997; Ord. 968 § 2 (part), 2002)

In its review of planned developments, the planning commission shall be governed by the following criteria:

A. The project’s compliance with the intent and purposes of this chapter, the applicable
ordinances of the city, and the general plan;

B. The project’s consistency with the objectives, policies and requirements of the
development standards of the city. Minor modifications of such standards shall be
permitted to encourage the efficient use of land and the creation of open space, provided
the commission determines that such modifications will result in a development that is
superior to that obtained by rigid application of the standards. Design considerations shall
not result in a reduction in the allowed density of a multifamily residential project or render
the development “infeasible” for housing for “very low”, “low” and “moderate” income
households, unless the commission makes findings as provided in Government Code
Section 65589.5. The terms used herein are as defined in Government Code Section
65589.5;

C. The physical, functional and visual compatibility between the proposed development and
neighboring uses and neighborhood characteristics. The scope of compatibility for the P.D.
permit shall be limited to project design considerations. Land use and density compatibility
is evaluated separately, in conjunction with the zoning and general plan land use
designation of the site;

D. The availability of necessary public facilities including, but not limited to, water, sewage
and drainage and the adequacy of the provision which the development makes for the
furnishing of such facilities;

E. The extent to which the proposed development causes adverse environmental impacts
which have not been mitigated to an acceptable level;

F. The requirement that the proposed development not cause unacceptable vehicular traffic levels on surrounding streets and that there be adequate internal traffic circulation,
including ingress and egress;

G. Adequate provision is made for the furnishing of sanitation services and emergency public
safety services to the development;

H. The proposed development will not be detrimental to health, safety and the general welfare of the persons or property within the vicinity of the proposed development and the city as a whole. Notwithstanding the foregoing, a residential development affordable to lower- income households shall not be denied unless the commission makes findings as provided in the Government Code Section 65589.5. The terms used herein are as defined in Government Code Section 65589.5. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)

Unless a building permit has been issued for the development within 1 year after the granting of the planned development permit or such further time as the commission shall allow, then without further action the planned development permit shall be null and void. (Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)