16.64 Master Development Plans

The purpose of this chapter is to provide a process for reviewing master development plan applications which are intended to provide a comprehensive framework for the development of private property. (Ord. 182 § 2 (part), 1997)

The properties that require a master development plan are ones that because of unique characteristics, including location. shape. size. topography, or use, would benefit from comprehensive planning. It is further the intent of a master development plan to provide flexibility in the planning review process so that once a master development plan is approved, subsequent approvals may be done administratively as long as they are consistent with the approved plan. For purposes of this chapter, master development plans are not to be considered to be specific plans as regulated by state law (Government Code Section 65450 et seq.).

(Ord. 182 § 2 (part), 1997)

Master Development Plan. A comprehensive master plan which identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site. Implementing Development Plan. A development plan which is undertaken to implement a portion or all of a master development plan and is consistent with the adopted master development plan. (Ord. 182 § 2 (part), 1997)

The council is authorized to approve master development plans and amendments. The director and commission shall provide written recommendations to the council regarding master development plan adoption and amendments. A public hearing in compliance with Chapter 16.76 shall be required. (Ord. 182 § 2 (part), 1997)

This chapter shall apply to the following:

A. General Plan. All sites designated in the general plan with a master plan overlay and on property that is over ten and up to two hundred (200) acres in size; or

B. Benefit to the City. In area(s) of the city where the council believes that implementation of a master development plan would benefit the proposed project and the city.

(Ord. 182 § 2 (part), 1997)

Adoption of a new master development plan or amendment to an existing master development plan may be initiated in the following manner:

• A. Council. The council may instruct the commission to set the matter for hearing;

• B. Commission. The commission may initiate hearings; or

C. Property Owner. The property owner(s) or the authorized agent, or an affected party may file an application for a master development plan. If the property for which a master development plan or amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application. (Ord. 182 § 2 (part), 1997)

Applications for a new master development plan or amendment shall contain the following information:

A. Application Contents. Completed planning application form and required fee and attachments (see also Section 16.48.030); and

• B. Information. Information based on the handout provided by the department.

(Ord. 182 § 2 (part), 1997)

Upon receipt of a complete application for a master development plan or amendment, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings). (Ord.182 § 2 (part), 1997)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below.

(Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

The council may approve, approve with modifications, or disapprove the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below. The plan may be adopted by ordinance and may be amended as often as deemed necessary by the council. (Ord. 182 § 2 (part), 1997)

The council may approve a master development plan or amendment only if all of the following findings of fact can be made in a positive manner:

• A. The proposed master development plan is consistent with the objectives, policies, general land uses, pro-grams, and actions of all elements of the general plan;

• B. The master development plan adequately addresses the physical development characteristics of the subject site;

C. The development standards contained in the master development plan serve to protect the public convenience, health, safety, and general welfare;

• D. The master development plan is consistent with all applicable requirements of local ordinances and state law;

• E. The proposed master development plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA); and

F. For master development plan amendments only: In the case of a master development plan amendment, the following additional finding shall be made before its adoption: The proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending: (Ord. 182 § 2 (part), 1997)

The city shall review the master development plan as necessary to ensure compliance by the applicant or the successor(s)-in-interest. During this review, the applicant or the successor(s)-in-interest shall demonstrate compliance with the terms of the master development plan to the full satisfaction of the director. The burden of proof on this issue is upon the applicant or successor(s).

(Ord. 182 § 2 (part), 1997)

A. Applicability. An administrative development plan permit shall be required to implement all or any portion of an adopted master development plan.

B. Authority. The director, shall have the authority to approve implementing development plan permits that are consistent with an adopted master development plan.

C. Environmental Review. The director shall serve as the environmental review officer and shall make decisions for implementing development plan permits in compliance with the California Environmental Quality Act (CEQA) and the state Department of Fish and Game regulations including determination of categorical and statutory exemptions, negative declarations, and de minimis impact findings.

D. Submittal and Review Requirements. The submittal and review requirements of a development plan permit to implement a master development plan shall be in compliance with Chapter 16.56 (Development plan permits).

E. Public Notice Required. Public notification of the director's intended action shall be required for implementing development plan permits, except that the director may refer an implementing development plan permit to the commission for review and consideration.

F. Appeals. Decisions made relative to an implementing development plan permit by the director may be appealed to the commission in compliance with Chapter 16.78.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)