Fowler Municipal Code Ch. 9.85 Specific Plan

The purpose of this Chapter is to establish procedures for adoption, maintenance, and administration of Specific Plans in accordance with the provisions of California Government Code sections 65450—65457 and as may be required for the implementation of the General Plan. The purpose of a Specific Plan is to establish policies and development standards that address area-specific issues. The Specific Plan serves as a regulatory document, consistent with the General Plan.

The following shall serve as a guide for the appropriate use of a Specific Plan:

A. Where unique results or treatments are desired or in areas having sensitive environmental qualities.

B. Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land, and mixed uses.

C. Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval.

D. Where it is more cost-effective to include, with the proposed project, a project-level Environmental Impact Report so that subsequent projects within the Specific Plan area would require no further environmental documentation or require only focused environmental reports.

A. Application Filing and Processing. Applications for a Specific Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. General Plan Amendment Application and Fee Required. Initial approval of a Specific Plan requires amendment to the General Plan Land Use Map concurrent with the approval of the Specific Plan.

D. Zone Change Application and Fee Required. Initial approval of a Specific Plan requires establishment of the Specific Plan (SP) Zone concurrent with approval of the Specific Plan.

Applications for a Specific Plan shall be reviewed and approved by the City Council as follows:

A. Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Specific Plan.

B. Approving Authority. The City Council is authorized to approve, alter, or deny an application for a Specific Plan.

The Planning Commission shall hold a public hearing to make a recommendation on an application for a Specific Plan. The recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Specific Plan. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Specific Plan, the City Council may make alterations to the proposal to ensure that the Specific Plan will comply with the required findings. Any substantial alteration made to the proposed Specific Plan that was not previously considered by the Planning Commission must be referred back for its recommendation.

Prior to approving an application for a Specific Plan, the City Council shall make all the following findings, which shall be made by ordinance:

A. The Specific Plan is consistent with the intent of the goals and policies of the General Plan and is not inconsistent with any element thereof.

B. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

C. The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species.

D. The Specific Plan provides for the protection of the health, safety, and/or general welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Specific Plans shall become effective on the 31 st day following the date of approval.

Actions taken by the City Council on an application for a Specific Plan are final and are not subject to appeal.

No extensions of time are necessary as an approved Specific Plan does not expire.

An applicant may request an amendment to an approved Specific Plan after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with the provisions outlined in the Specific Plan. Where no such provisions are provided, amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

A Specific Plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, Specific Plans shall include:

A. A statement of the relationship of the Specific Plan to the General Plan.

B. A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.

C. All permitted uses and land use densities and intensities.

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

E. A map and/or text specifying the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, energy, and other essential facilities in the Specific Plan area.

F. Public works projects, programs, and implementation measures necessary to carry out the Specific Plan's stated purpose.

G. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the above noted provisions of the Specific Plan.

H. Criteria for when a modification or amendment to a Specific Plan is required and a process for review and approval of said modification or amendment.

A. Concurrent with approval of the Specific Plan by the City Council, the General Plan Land Use Map shall be amended to identify the area covered by the plan.

B. The approved Specific Plan shall be filed in the office of the City Clerk and in the Community Development Department.

Allowed uses, development standards, procedural regulations, and other provisions of this Title shall apply within a Specific Plan except where they conflict with provisions of the Specific Plan.