Monrovia Municipal Code § 17.54.030 Associated Project Required

The purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans for the coordination of future development within the city, pursuant to state law (Government Code § 65450 et seq.).

(Ord. 2005-11 § 3 (part), 2005)

(A) City. A new specific plan or an amendment to an existing specific plan may be initiated by a motion of the City Council, or of the Planning Commission or by the Director of Community Development (“Director”).

(B) Property owner(s). A new specific plan or an amendment to an existing specific plan may be initiated by an application signed by the owner(s) of all the property affected. If initiated by the property owners, the following shall occur prior to the filing of an application:

(1) Pre-submittal review. A preliminary application and fee are required prior to filing a formal specific plan application. A pre-application conference with representatives of the Community Development and Public Works departments is required prior to filing of the formal specific plan application. This is intended to provide direction to the applicant and to provide information prior to preparation of detailed plans.

(2) Public meetings. The applicant shall hold at least one public meeting for the neighborhood to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting shall be required. The Director shall define the noticing procedures at the pre-application conference based on areas that may be directly impacted by the proposed plan.

(Ord. 2005-11 § 3 (part), 2005)

No privately initiated application for a specific plan or amendment will be accepted unless accompanied by a development proposal for all or a portion of the area included in the specific plan or amendment. A development proposal in compliance with this section shall include, at a minimum, an application for a subdivision map, and/or an application for a conditional use permit.

(Ord. 2005-11 § 3 (part), 2005)

The city may initiate specific plans or amendments to any portion of any specific plan. In the case of city- initiated specific plans or amendments, no associated project is required. City-initiated specific plans and amendments shall be processed as provided for in this chapter.

(Ord. 2005-11 § 3 (part), 2005)

(A) The application for a specific plan or amendment shall be on forms prescribed by the Department of Community Development and must be submitted to the Director along with the appropriate application fee.

(B) The City Council shall establish and set application fee(s) for the filing of specific plans and amendments. The fee(s) and the amount of the fee(s) shall be set by resolution. The Council may, by resolution, amend the amount of the fee(s) from time to time.

(Ord. 2005-11 § 3 (part), 2005)

A specific plan application shall include text and diagrams which contain all of the provisions outlined in Government Code §§ 65451 and 65452. The form and content of the specific plan shall contain, at a minimum, the following:

(A) A boundary survey map of the property and calculation of the gross land area within the proposed zoning district. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property.

(B) A topographical map and general grading concept plan for environmentally sensitive areas, if applicable.

(C) A diagram, text, and exhibits describing the site, proposed land uses, circulation, public facilities and services and phasing.

(D) A preliminary report describing anticipated requirements and proposed means of providing utility facilities and public services, including but not limited to, storm drainage, sewage disposal, water supply, parks and recreation and school facilities.

(E) A discussion of how the specific plan implements, and is consistent with, the applicable elements of the general plan.

(F) A description of site development standards including but not limited to, listing of allowable uses, maximum and minimum regulations, required setbacks and supplemental illustrations as required, establishing the basic community architectural character, environmental character and environmental design qualities to be attained throughout the specific plan area.

(G) A phasing and financing plan to assure the adequate provision of public utilities, improvement and other facilities.

(H) The specific plan shall contain any additional information determined to be necessary by the Director, Planning Commission or City Council based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined to be significant.

(Ord. 2005-11 § 3 (part), 2005)

(A) Filing and initial processing. A draft specific plan proposed by a property owner shall be filed with the Department of Community Development. A draft specific plan proposed by an applicant or prepared by the city shall then be processed in the manner as required for General Plans by state law (Government Code §§ 65350 et seq.), and as provided by this chapter.

(B) Hearing and notice. Upon receipt in proper form of a specific plan application, or upon initiation by the Director, Planning Commission, or City Council, and following review by the department, public hearings shall be set before the Planning Commission and City Council. In addition to the noticing requirements pursuant to § 17.52.320 of this code, notice of the hearings shall also include any parties receiving notice for the public meeting pursuant to § 17.54.020(B)(2) above.

(C) Planning Commission action on specific plans. The Planning Commission shall make a written recommendation to the City Council on the proposed specific plan, whether to approve, approve in modified form or disapprove, based upon the findings contained in this chapter.

(D) City Council action on specific plans. Upon receipt of the Planning Commission's recommendation, the City Council may approve, approve with modifications, or disapprove the proposed specific plan based upon the findings contained in this chapter.

(E) Findings. A specific plan may be adopted only if all of the following findings are made:

(1) The proposed specific plan is consistent with the objectives, policies, general land uses, and programs of the general plan and other adopted goals and policies of the city.

(2) The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city.

(3) The subject property is physically suitable for the requested land use designations and the anticipated land use developments.

(4) The proposed specific plan shall ensure development of desirable character, which will be compatible with existing and proposed development in the surrounding neighborhood.

(F) Environmental review. The adoption or amendment of a specific plan shall be subject to environmental review in compliance with the California Environmental Quality Act (“CEQA”) and the city’s CEQA Guidelines.

(Ord. 2005-11 § 3 (part), 2005)

(A) Development within specific plan area. After the adoption of a specific plan, a public works project, a tentative map or parcel map, conditional use permit and an amendment to the city’s comprehensive zoning law may be approved or adopted within an area covered by a specific plan only if it is first found consistent with the General Plan and the specific plan. The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with state law (Government Code § 65456). The amount of the fees shall be set by resolution of the City Council and may be amended from time to time.

(B) Amendments. An adopted specific plan may be amended as often as deemed necessary and shall be amended through the same procedure specified by this chapter and in state law for the adoption of a specific plan.

(C) Repeal. A specific plan may be repealed in the same manner as it is required to be amended.

(Ord. 2005-11 § 3 (part), 2005)

General Provisions

Code adoption Cal. Gov't. Code §§ 50022.1 through 50022.10

Penalties for ordinance violations Cal. Gov't. Code §§ 36900 and 36901

City prisoners Cal. Gov't. Code § 36903

Appeal procedure Cal. Civil Pro. Code § 1094.6

Citations for misdemeanors Cal. Penal Code §§ 853.5 et seq.

City charters Cal. Gov't. Code §§ 34450 et seq.

Elections Cal. Gov't. Code § 34050

Ordinances Cal. Gov't. Code §§ 36931 et seq.

Petition by minor against infraction Cal. Welfare and Institutions Code § 601 or § 602

City Council Cal. Gov't. Code § 36513 et seq. and § 36801 et seq.

Officers generally Cal. Gov't. Code §§ 36501 through 36512.2 and 36516.1 through 36517

Official bonds Cal. Gov't. Code §§ 1450 et seq. and §§ 36518 et seq.

City manager form of government Cal. Gov't. Code §§ 34851 et seq.

Elective mayor form of government Cal. Gov't. Code §§ 34900 et seq.

Election of legislative body by districts Cal. Gov't. Code §§ 34870 et seq.

General powers of legislative body Cal. Gov't. Code §§ 37100 et seq.

Local planning agencies Cal. Gov't. Code §§ 65150

Emergency services Cal. Gov't. Code §§ 8550 et seq.

Health ordinances, boards and officers Cal. Health and Saf. Code §§ 500 et seq.

Peace officer standards and training Cal. Penal Code § 13520 et seq.

Personnel system Cal. Gov't. Code §§ 45000 et seq.

Date of general municipal election Cal Elections Code § 2601(b)

Financial powers Cal. Gov't. Code §§ 37202 et seq.

Purchasing system Cal. Gov't. Code §§ 54201 et seq.

Transfer of tax function to county Cal. Gov't. Code §§ 51500 et seq.

Sales and use tax Cal. Gov't. Code § 37101 and Cal Rev. and Tax. Code §§ 7200 et seq.

Transient occupancy tax Cal Rev. and Tax. Code §§ 7280 and 7281

Real property transfer tax Cal. Rev. and Tax. Code §§ 11901 et seq.

Special gas tax street improvement fund Cal. Str. and Hwys. Code § 2112 and §§ 2106 et seq.

Purchasing system Cal. Gov't. Code § 54202

Unclaimed property Cal. Civil Code §§ 2080 et seq.

Claims and demands Cal. Gov't. Code §§ 900 et seq. and §§ 910 et seq.

Special open space tax Cal. Rev. and Tax. Code § 105

Special open space tax Cal. Health and Safety Code § 50105

Fire service impact fees adopted Cal. Gov. Code §§ 66000 et seq.

Fire service impact fees definitions Cal. Health and Safety Code §§ 33000 et seq.

Payment of fees Cal. Gov't. Code § 66007(a)

Administration Cal. Gov't. Code § 54950

Authority to license businesses Cal. Gov't. Code § 37101 and Cal Bus. and Prof. Code §§ 16000 et seq.

Development Review Committee review Cal Civil Procedure Code §§ 1094.6 et seq.

Judicial review Cal. Civil Procedure Code §§ 1094.5 et seq.

Definition of “Person who has engaged in disqualifying conduct” Cal. Penal Code §§ 266h, 266i, 290, 315, 316, 318, 647(b), 11225 through 11235

Definition of “Person who has engaged in disqualifying conduct” Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058

Definition of “Person who has engaged in disqualifying conduct” Cal. Education Code § 94311

Application for massage establishment license Cal. Penal Code §§ 290, 11225 through 11235

Application for massage practitioner permit Cal. Penal Code §§ 290, 11225 through 11235

Exemptions for massage establishments Cal. Business and Professions Code Division 2

Taxicabs and other vehicles for hire Cal. Vehicle Code §§ 16501, 21100, 21112 and §§ 16500 et seq.

Taxicabs and other vehicles for hire Cal. Vehicle Code §§ 16501, 21100, 21112 and §§ 16500 et seq.

Bingo Cal. Penal Code § 326.5

Private patrol operators Cal. Bus. and Prof. Code § 7523

Community antenna TV systems Cal. Gov't. Code § 53066

Animal generally Cal Food and Agric. Code §§ 16301 et seq.

Dogs Cal. Gov't. Code § 38792 and Cal. Food and Agric. Code §§ 30501 et seq.

Rabies control Cal. Health and Saf. Code §§ 1900 et seq.

Cruelty to animals Cal. Penal Code §§ 597 et seq.

Health and Safety

Commercial/industrial solid waste and recyclable materials Cal. Health and Saf. Code § 25364

Garbage and refuse collection Cal. Health and Saf. Code § 4250

Fire Prevention Cal. Health and Saf. Code §§ 13000 et seq.

Weed control Cal. Health and Saf. Code §§ 14875 et seq.

Authority to declare and abate nuisances Cal. Gov't. Code § 38771 et seq.

Littering Cal. Penal Code §§ 374 et seq.

Crimes against public justice Cal. Penal Code § 92 et seq.

Crimes against the person Cal. Penal Code §§ 187 et seq.

Crimes against the person and against public decency and good morals Cal. Penal Code §§ 261 et seq.

Crimes against public health and safety Cal. Penal Code §§ 368 et seq.

Crimes against the public peace Cal. Penal Code §§ 403 et seq.

Harmful matter Cal. Penal Code § 313

Crimes against property Cal. Penal Code §§ 447 et seq.

Weapons Cal. Penal Code §§ 12000 et seq.

Loitering by minor Cal. Welfare and Institutions Code §§ 602 and 625.5

Local traffic rules and regulations Cal. Vehicle Code § 21100

Traffic-control devices Cal. Vehicle Code §§ 21351 et seq. and §§ 21450 et seq.

Turning movements Cal. Vehicle Code §§ 22101 and 22113

Speed limits Cal. Vehicle Code §§ 22348 et seq.

One-way street designations Cal. Vehicle Code § 21657

Stopping, standing and parking Cal. Vehicle Code §§ 22500 et seq.

Through highways Cal. Vehicle Code §§ 21101 and 21354

Curb markings Cal. Vehicle Code § 21458

Vehicle weight limits Cal. Vehicle Code §§ 35700 et seq.

Pedestrians rights and duties Cal. Vehicle Code §§ 21950 et seq.

Establishment of crosswalk Cal. Vehicle Code § 21106

Bicycles Cal. Vehicle Code §§ 21100, 21206 and §§ 39000 et seq.

Construction of sidewalks and curbs Cal. Str. and Hwys. Code §§ 5870 et seq.

Obstructions and encroachments on public ways Cal. Gov't. Code § 38775

Tree planting Cal. Str. and Hwys. Code §§ 22000 et seq.

Injuring city improvements or trees Cal. Penal Code § 622

Municipal parks Cal. Pub. R. Code §§ 5181 et seq.

Stormwater and urban runoff pollution control Cal. Code of Reg. Title 14

Advertising displays| Cal. Bus. and Prof. Code §§ 5230, 5231 and §§ 5440 et seq.

Underground utility districts Cal. Str. and Hwys. Code §§ 5896.1 et seq. and Cal. Gov't. Code § 38773

Municipal water systems Cal. Gov't. Code § 38730

City sewers Cal. Gov't. Code § 38600 and §§ 8900 et seq. and Cal. Health and Saf. Code §§ 5470 et seq.

Water wells Cal. Water Code §§ 13800 et seq.

Allowable circumstances for not paying utility service bill Cal. Public Utilities Code § 10010(b)

Buildings and Construction

Authority to regulate buildings and construction Cal. Gov't. Code §§ 38801 and 38660

Housing construction Cal. Health and Saf. Code §§ 17910 et seq.

Signs Cal. Gov't. Code §§ 38774 and 65850 and Cal. Bus. and Prof. Code §§ 5229 et seq.

Mobile homes Cal. Health and Saf. Code §§ 18200 et seq.

Local control of subdivisions Cal. Gov't. Code §§ 66510 et seq.

Zoning

Planning in general Cal. Gov't. Code §§ 65000 et seq.

Local authority to regulate the use of land and buildings Cal. Gov't. Code § 65850

Administration Cal. Gov't. Code §§ 65090 and 65900 et seq.

Open-space zoning Cal. Gov't. Code §§ 65910 et seq.

Environmental Protection

Environmental Quality Act Cal. Public Res. Code §§ 21000 et seq.

Noise Control Act Cal. Health and Saf. Code §§ 46000 et seq.

References to California Codes

References to 1983 Code

Ordinance List and Disposition Table

REFERENCES TO CALIFORNIA CODES

ADMINISTRATIVE CODE

BUILDING OR RESIDENTIAL CODE

BUSINESS AND PROFESSIONS CODE

EDUCATION CODE

ELECTRIC CODE

FOOD AND AGRICULTURAL CODE

GOVERNMENT CODE

PUBLIC RESOURCES CODE

REVENUE AND TAXATION CODE

VEHICLE CODE

WELFARE AND INSTITUTIONS CODE

REFERENCES TO 1983 CODE