Mammoth Lakes Municipal Code Ch. 17.112 Specific Plans

The purpose of this chapter is to provide procedures for the preparation, processing, review, adoption, and amendment of specific plans in compliance with Government Code § 65450 et seq.

(Code 1990, § 17.116.010; Ord. No. 14-02, § 4, 3-19-2014)

(a) When required. When required by the Council, the general plan, or this chapter to systematically implement the general plan for any part of the Town, 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 chapter and any Town adopted design guidelines.

(Code 1990, § 17.116.020; Ord. No. 14-02, § 4, 3-19-2014)

A specific plan may be initiated by:

(1) Council. A resolution of intention adopted by the Council; or

(2) Property owner. An application from the property owner or authorized agent of property for which the specific plan is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application. For specific plans, the project area may be a combination of adjoining parcels subject to a unified planning concept with the full written concurrence of all applicable property owners.

(Code 1990, § 17.116.030; Ord. No. 14-02, § 4, 3-19-2014)

(a) Application filing. An application for a specific plan shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. The application shall be accompanied by the information identified on the application form for specific plans and Subsection (b) of this section. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.112.060.

(b) Specific plan content. The applicant shall prepare and submit a draft specific plan for review by the Town that includes detailed information in the form of text and diagrams, organized in compliance with Government Code § 65451 and the following:

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

(2) Infrastructure. The proposed distribution, location, and extent and intensity of major components of public and private circulation/transportation (including vehicular, pedestrian, bicycle, and transit), sewage water, drainage, solid waste disposal, energy, water, utilities, and other essential features proposed to be located within the specific plan area and needed to support the proposed land uses.

(3) Land use and development standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

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

(5) Relationship to the general plan. A discussion of the relationship of the specific plan to the goals, policies, actions, general land uses, and programs of the general plan.

(6) Additional information. The specific plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the general plan, or any other issues determined by the Director to be relevant.

(Code 1990, § 17.116.040; Ord. No. 14-02, § 4, 3-19-2014)

(a) General processing. A draft specific plan shall be processed in the same manner as required for general plans by Government Code § 65350 et seq., and as provided in this section.

(b) Director evaluation. The Director, upon finding the application for a specific plan complete and in conformance with this chapter, shall set the application, together with recommendations, for a public hearing before the Commission.

(c) Public hearings. The Commission and Council shall each conduct one or more public hearings regarding the specific plan. Notice of public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.120.

(1) Commission hearing. Following conclusion of a public hearing for which notice was provided pursuant to Government Code § 65353, the Commission shall make a recommendation to the Council whether to approve, approve in modified form, or deny the proposed specific plan based on the findings contained in Section 17.112.060, and the written recommendation and findings of the Commission shall be forwarded to the Council. The Commission's recommendation shall be made with an affirmative vote of a majority of the total membership of the Commission.

(2) Council hearing.

a. Council action. Upon receipt of the Commission recommendation in compliance with Subsection (c)(1) of this section, the Council shall conduct a public hearing regarding the specific plan. Following conclusion of a public hearing, the Council may adopt the specific plan, adopt the plan with modifications, or deny the plan with appropriate findings in compliance with Section 17.112.060.

b. Referral to Commission. If the Council proposes to adopt substantial modification to the specific plan not previously considered by the Commission during its hearing, the proposed modification shall first be referred back to the Commission for its report and recommendation in compliance with Government Code § 65356.

(d) Adoption of specific plan. A specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with Government Code § 65453, only after all of the findings contained in Section 17.112.060 are made. A specific plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

(Code 1990, § 17.116.050; Ord. No. 14-02, § 4, 3-19-2014)

The Council may adopt a specific plan, with or without conditions, only after all of the following findings are made:

(1) That the specific plan is consistent with the general plan and other adopted goals and policies of the Town;

(2) That the specific plan is consistent with any applicable airport land use plan as required by Government Code § 65302.3; and

(3) That the specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq.

(Code 1990, § 17.116.060; Ord. No. 14-02, § 4, 3-19-2014)

(a) Development within specific plan area. After the adoption of a specific plan, subsequent projects to implement the specific plan may be approved or adopted within an area covered by the specific plan only if 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 § 65456.

(c) Amendments.

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

(2) An adopted specific plan may be amended as often as deemed necessary by the Council, in compliance with Government Code § 65453.

(Code 1990, § 17.116.070; Ord. No. 14-02, § 4, 3-19-2014)