Chapter 10.120 — SPECIFIC PLANS

The purpose of this Chapter is to provide 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. (Ord. 935 § 3 (part), 2015)

The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)

A. Specific Plan. A specific plan may be initiated in compliance with Section 10.120.050 (Initiation of Specific Plans), below, and shall be prepared, processed, approved and implemented, or denied in compliance with this Chapter.

B. Flexibility and Innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation. (Ord. 935 § 3 (part), 2015)

A specific plan may only be requested for a site(s) with a minimum of two acres. (Ord. 935 § 3 (part), 2015)

A specific plan may be initiated in the following manner:

• A. Council. By the Council;

• B. Commission. By the Commission; or

• C. Property Owner(s). By an application filed by the owner(s) of one or more parcels that would be the subject of the specific plan. (Ord. 935 § 3 (part), 2015)

If initiated by a property owner(s), the following shall first occur.

• A. Pre-Application Conference and Meeting Required.

1. Pre-Application Conference Required. A pre-application conference shall be conducted with the Director before the filing of a specific plan application.

2. Public Meeting(s) Required.

a. Before the preparation of the specific plan, the applicant shall host at least one public/neighborhood meeting which shall be held to inform the neighboring public about the proposal and to identify potential community impacts and concerns relating to the proposed plan.

b. Notice of the meeting shall be provided to all owners of real property, as shown on the latest equalized assessment roll, located within the boundaries of the proposed specific plan and within a radius of 500 feet of the exterior boundaries of the proposed specific plan. In lieu of utilizing the latest assessment roll, the applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll.

• B. Application Filing.

1. An application for a specific plan shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing).

2. The application shall include the information and materials specified in the Department handout for specific plan applications, together with the required fee in compliance with the Planning Fee Schedule.

3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.120.090 (Adoption of Specific Plan), below.

• C. Project Review Procedures. Following receipt of a completed application, the Director shall investigate thefacts necessary for action consistent with the purpose of this Chapter.

1. If the Director finds that the application is complete, the Director shall accept it for filing.

2. If the Director finds that the application is incomplete, the Director shall promptly notify the applicant and identify the inadequacies of the application.

• D. Notice and Hearings.

1. Public hearings shall be required for the Commission’s recommendation and the Council’s action on a specific plan or an amendment.

2. The public hearings shall be scheduled once the Director finds the application complete.

3. Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). (Ord. 935 § 3 (part), 2015)

If initiated by the City, the specific plan shall comply with all of the requirements specified in Government Code Section 65451. If initiated by a property owner(s), the specific plan application shall comply with all of the following. A. Organization of Specific Plan. The applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with Government Code Section 65451.

• B. Required Information. All of the following information shall be provided:

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

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

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

4. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

5. Proposed design guidelines;

6. Analysis and description of past approvals of development entitlements, agreements, and property interests that may limit or constrain the scope or content of the specific plan;

7. A discussion of the relationship of the specific plan to the goals, policies, and actions of the General Plan; and

8. Additional information and/or contents deemed to be necessary by the Director based on the characteristics of the area to be covered by the specific plan; applicable goals, policies, and actions of the General Plan; or any other issue(s) determined by the Director to be significant.

C. Required Fees. The applicant shall submit the appropriate fee(s) and/or deposit(s) in compliance with Government Code Section 65456 and the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)

If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows.

A. Director’s Evaluation.

1. After the filing of a draft specific plan, the Director shall review the draft specific plan to determine whether it is in compliance with the provisions of this Chapter.

2. If the draft specific plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

• B. Environmental Review Required. The draft specific plan shall be subject to environmental review as identified in Section 10.82.090 (Environmental Review).

C. Staff Report. A written staff report shall be prepared for the draft specific plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption. (Ord. 935 § 3 (part), 2015)

A. Commission and Council Review. An application for a specific plan shall be considered by the Commission and Council.

1. Commission. Following a public hearing, the Commission shall forward a resolution to the Council recommending that the Council approve, approve in modified form, or deny the proposed specific plan based on the findings identified in Subsection B. (Findings for Adoption), below.

2. Council. Upon receipt of the Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed specific plan based on the findings identified in Subsection B. (Findings for Adoption), below.

• B. Findings for Adoption. A specific plan may be adopted only if all of the following findings are first made:

1. The proposed plan is consistent with the General Plan in compliance with Government Code Section 65454;

2. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);

3. The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; and

4. The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

C. Method of Adoption. The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)

A. Process for Amendment. A specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.

B. Mandatory Finding for Amendment. A specific plan may only be amended if first found consistent with the General Plan in compliance with Government Code Section 65454.

C. Frequency of Amendments. The specific plan may be amended as often as deemed necessary by the Council, in compliance with Government Code Section 65453. (Ord. 935 § 3 (part), 2015)