Chapter 17.78 — SPECIFIC PLANS

This chapter provides procedures for the preparation, processing, review, adoption, and amendment of specific plans.

A.

When 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 chapter.

B.

Review Authority. An application for a specific plan shall be considered by the commission, and approved or denied by the council.

C.

Effect of Specific Plan. The regulations provided by an adopted specific plan shall replace those of the applicable zone, and the development standards and design guidelines identified in the specific plan shall take precedence over the general standards contained in this development code and any city adopted design guidelines.

The minimum site area for a specific plan shall be two acres. The site may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept.

A specific plan may be initiated in the following manner:

A.

Council. By a resolution by the council;

B.

Commission. By a resolution by the commission; or

C.

Application. The filing of an application with the department by the owner or authorized agent of property for which the specific plan is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application.

The draft specific plan shall include detailed information in the form of text and diagrams, organized in compliance with Government Code Section 65451 and the following:

A.

Required Information. At a minimum, the following information shall be provided:

Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas;

Infrastructure. The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, potable water, sewers, solid waste disposal, utilities, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

Land Use and Development Standards. Standards, criteria, and design guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

Implementation Measures. A program of implementation measures, including financing, methods, programs, regulations, and public works projects, necessary to carry out and provide the proposed:

a.

Development and conservation standards and criteria, infrastructure, and land uses;

b.

Public services, facilities and utilities, based on a nexus between development exactions being imposed and the development-induced needs being met by those exactions;

c.

Orderly phasing of the development; and

d.

Other measures needed to protect the health, safety, and well-being of the community.

Relationship to General Plan. A discussion of the relationship of the specific plan to the goals, policies, and objectives of the general plan; and

Additional Information. The specific plan shall contain additional information deemed to be necessary by the director based on the characteristics of the area to be covered by the plan, applicable goals, policies, and objectives of the general plan, or any other issue determined by the director to be relevant.

B.

Development or Site Plan Required. Additionally, each specific plan application shall be accompanied by a development or site plan for the entire area of the proposed specific plan showing the material specified in Subsection 17.70.040.B. (application contents) and Subsection A. (Required information), above, describing exactly how the proposed specific plan addresses the following items.

Provision of Affordable Workforce Housing Units and a Mix of Housing Types. The applicant shall identify the location of all housing units, either attached or detached, which will be available for sale to low-to- moderate income families of Nevada County in compliance with Chapter 17.32 (affordable housing density bonuses and incentives). The applicant shall also provide evidence of how the housing unit types have been mixed and integrated within the proposed project.

Integration of Community Design Principles of the General Plan. The applicant shall identify how the project integrates the city's community design principles as the clustering, grouping, or mixing of uses, protecting important natural features, and providing internal pedestrian and bicycle connectivity.

Future Transportation/Infrastructure Needs and Current Project-Related Deficiencies. The applicant shall provide an evaluation of how the project addresses and mitigates any existing transportation/infrastructure deficiencies in its immediate area of the community. The evaluation shall also show how the project will address any new demand placed on the city's transportation/infrastructure system through the provision of any on-site and off-site mitigation.

Future Park/Recreation Facility Needs and Maintenance Costs. The application shall identify all proposed park, recreation, or open space amenities proposed for the project and describe how the features meet the park and recreation goals of the general plan. For all park, recreation, or open space amenities shown on the plan, the applicant shall provide a financing mechanism to cover projected maintenance costs.

Future Short- and Long-Term Fiscal Impacts. The applicant shall provide information that documents the project's short- and long-term fiscal implications to the city. The information may be presented in the form of a fiscal impact analysis.

Consistency with General Plan Policies and Sphere of Influence Plan. The application shall state how the proposed project is consistent with the goals and objectives of the general plan and sphere of influence plan. If the project is found to be inconsistent with any goal or policy, the applicant shall provide rationale or evidence of why an exception is warranted.

C.

Additional Requirements for Specific Plans Involving Annexation. For any specific plan proposal that involves an annexation to the city, the following application procedures shall be completed before the city is able to deem the application complete:

Definition of Annexation Boundaries, Phasing, and Rate of Growth. For all applications involving an annexation, the applicant shall define and provide rationale for how the annexation boundaries were formed, how the project would be phased, and an estimated rate of growth for all development types. The description of the phasing plan shall reference the timing for initiating any site disturbance or grading, installation of infrastructure, construction of any public amenities (e.g., open space, parks, schools, etc.), and development of all uses shown on the development or site plan.

For Annexation Applications That Are Not Contiguous to the City Limits. For all annexation applications that are not contiguous to the city limits:

a.

The applicant shall request a review of the annexation boundaries by the council in which the boundaries would be evaluated against the city sphere of influence plan, city master utility plans, and the provision of public services. The council would provide direction as to the boundaries of annexation, public service issues that should be addressed as part of the application, and the timing or appropriate phasing of the annexation; and

b.

The application shall contain written confirmation of at least fifty-one percent of the registered voters of the intervening parcels of their support or non-opposition of the annexation.

For annexation applications that are entirely outside of the five-year time horizon.

a.

For annexation applications that are located entirely outside of the immediate five-year time horizon as specified by the city's sphere of influence plan, the application shall be deferred unless authorized by resolution of the council with concurrence of the Nevada County Local Agency Formation Commission (LAFCo).

b.

To initiate a review by the council of the proposal and its alteration to the sphere of influence plan, a written request shall be filed with the city.

c.

The council may elect to support the application with conditions which involve revising the annexation boundaries, mitigating public service demands, and establishing the timing or appropriate phasing.

d.

A request for an exception to this procedure may be made to the council and granted based on the following:

(1)

The project's consistencies with general plan goals, the city sphere of influence plan, city master utility plans, and the provision of public services;

(2)

The property is presently developed, contiguous to the city, and seeks city services; or

(3)

The project demonstrates a significant community or public benefit as evidenced by its design, ability to resolve an infrastructure deficiency, or provide an improvement of community-wide benefit.

Fiscal Impact Analysis Required. For all annexations, the applicant shall be required to prepare a fiscal impact analysis of the entire annexation area.

Economic/market Analysis Required. For all annexations proposing a change in the land use designations or mix established for the property by the general plan in the amount of twenty percent or more of its acreage or density, the applicant shall be required to prepare an economic/market analysis that verifies that the project will not impact the existing tax base, jobs/housing balance, and regional market demand.

D.

Costs to Be Borne by the Applicant. The specific plan, and all environmental and fiscal studies required as a result of the specific plan, shall be paid for by the applicant who may be repaid by future developers of other portions of the specific plan area on a pro rata basis.

A draft specific plan shall be processed in the same manner as required for general plans by state law, and as follows:

A.

Public Meetings Required for City-Initiated Specific Plans.

Before preparation of the draft specific plan, the city shall hold at least one public/neighborhood meeting to identify potential community impacts and concerns relating to the proposed plan concept.

Before consideration of the draft specific plan by the commission and council, the city shall hold at least one public/neighborhood meeting to review the plan with the local community.

Public notice of the public/neighborhood meetings is required in compliance with Chapter 17.92 (public hearings).

B.

Application Filing. The following shall apply if the specific plan is initiated by the filing of a specific plan application:

An application for a specific plan shall be filed and processed in compliance with Chapter 17.70 (permit application filing and processing); and

The application shall be accompanied by the information identified in the department handout for specific plan applications and Section 17.78.050 (preparation and content), above.

C.

Environmental Review. The draft specific plan shall be subject to environmental review in compliance with the city's environmental review guidelines;

D.

Staff Report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations and proposed findings necessary for adoption of the plan; and

E.

Public Hearings. A proposed specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:

Commission.

a.

Director to Schedule Hearing. The director shall schedule a public hearing on the proposed specific plan.

b.

Notice of the Hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (Public Hearings).

c.

Commission's Recommendation. The commission shall make its recommendation in writing to the council based on the findings identified in Section 17.78.070 (adoption of specific plan), below.

(1)

Recommendation for Approval. After a public hearing on the proposed specific plan, and the commission has recommended approval of the plan, the recommendation and findings of the commission shall be forwarded to the council.

(2)

Recommendation for Denial. After a public hearing on the proposed specific plan, and the commission has recommended denial of the plan, the following procedures shall apply:

(a)

If Initiated by the Filing of an Application. If the specific plan was initiated by the filing of an application, the council shall not be required to take any further action unless an interested party requests a hearing by filing a written request with the city clerk in compliance with Chapter 17.91 (appeals).

(b)

If Initiated by the City. If the specific plan was initiated by the city, the recommendation and findings of the commission shall be forwarded to the council.

(3)

Mailing of Commission's Recommendation. A copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

Council.

a.

City Clerk to Schedule Hearing. After receipt of the commission's recommendation, the city clerk shall schedule a public hearing on the proposed specific plan.

b.

Notice of the Hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

c.

Council's Action. After the public hearing, the council may adopt the specific plan, deny the plan, or adopt the plan with modifications, with appropriate findings in compliance with Section 17.78.070 (adoption of specific plan), below; provided, any substantial modifications to the plan that were not previously

considered by the commission shall be first referred to the commission for its recommendation, in compliance with Government Code Section 65356.

A.

Required Findings. The council may adopt a specific plan only after first finding that:

The proposed specific plan is consistent with the general plan;

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc. as identified in the proposed specific plan), will ensure that future development will not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and base zone in which the property is located;

The proposed specific plan will:

a.

Ensure quality development by encouraging greater creativity and aesthetically pleasing designs for the individual components of the development and the development as a whole;

b.

Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and

c.

Promote a harmonious variety of housing choices and commercial and industrial activities, if applicable; attain a desirable balance of residential and employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space.

The subject site is:

a.

Physically suitable for the proposed land use designations;

b.

Physically suitable for the type and density/intensity of development being proposed;

c.

Adequate in shape and size to accommodate the proposed development; and

d.

Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

B.

Adoption. The specific plan shall be adopted by ordinance, or by resolution of the council, in compliance with Government Code Section 65453.

A.

Development within Specific Plan Area. After the adoption of a specific plan, all proposed development and new land uses within the area covered by the specific plan shall be consistent with the specific plan. No city approval (e.g., a public works project, tentative map, parcel map for which a tentative map was not required, a use permit, development review permit, etc.), or an amendment to this development code may be approved/adopted within an area covered by a specific plan unless it is first found consistent with the specific plan.

B.

Specific Plan Fee. The council may impose a specific plan fee on development permits within the specific plan area, in compliance with Government Code Section 65456.

C.

Amendments.

An adopted specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

The specific plan may be amended as often as deemed necessary by the council, in compliance with Government Code Section 65453.