Part II — Specific Plan Preparation Process.

§ 36-21.6. Request for Specific Plan Process. [Ord. No. 1032, § 1, 1995.]

• A. In the case in which the City desires to initiate and prepare a Specific Plan, the City Council shall adopt a Resolution of Intention. Said Resolution shall contain the necessary findings for adoption of said plan and shall also contain the City costs related to the preparation and prorated fees charges to

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affected property owners which shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance.

• B. Private parties wishing to use a Specific Plan shall petition the City requesting permission to file a "Request for Specific Plan Process" with the Community Development Department, and shall pay all required fees. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the Specific Plan area.

• C. A Request for Specific Plan Process shall include:

  1. A description of the proposed project;

  2. A vicinity map, drawn to scale, showing the proposed Specific Plan area, relationship to the City's Sphere of Influence, and areas within one (1) mile of the property;

  3. A location map, drawn to scale, showing the planning area and all exterior property lines within three hundred (300) feet of the subject area;

  4. The existing homes, addresses and assessor parcel numbers for the properties shown on the location map, listed from the latest assessor's roll;

  5. The existing land use and proposed land use (General Plan and Zoning) designations, and densities, for the properties shown on the map;

  6. A statement of relationship of the proposed Specific Plan with the General Plan;

  7. A statement of relationship of the proposed Specific Plan area with the adopted Annexation Planning Areas.

§ 36-21.7. Pre-initiation Conference. [Ord. No. 1032, § 1, 1995.]

Upon receipt of the petition for Specific Plan process, the Community Development Department shall schedule a Pre-initiation meeting with the petitioner within thirty (30) days to review the Specific Plan petition. Upon review of the petition, the Director has the discretion to propose modifications to the proposed Specific Plan and scope of the project in order to facilitate comprehensive planning.

§ 36-21.8. Environmental Review. [Ord. No. 1032, § 1, 1995.]

The Director shall review the petition and may request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). All efforts shall be made to utilize existing information contained in the City's General Plan Environmental Impact Report (EIR). If an Environmental Impact Report (EIR) is required, upon certification of the EIR, no further EIR or Negative Declaration (pursuant to the California Public Resources Code Sections 21000 et seq.) need be filed for any project which is undertaken pursuant to and in conformity with, the adopted Specific Plan for which the EIR has been certified. An amendment to the Specific Plan, proposed uses or environmental impacts not adequately addressed by the certified EIR or other CEQA compliance document, will require an environmental assessment which may necessitate a Supplemental EIR or other appropriate documentation. Such Supplemental EIR or other appropriate CEQA document shall be processed along with the amended Specific Plan as provided in this section.

§ 36-21.9. Specific Plan Content. [Ord. No. 1032, § 1, 1995.]

• A. Persons seeking Specific Plan approval shall submit a formal application which shall be accompanied

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by a draft Specific Plan document. California Government Code Section 65451 specifies the minimum contents required for processing Specific Plan applications. The section also provides for optional contents to address other subjects, which in the judgement of the City, are necessary or desirable for the implementation of the General Plan. A Specific Plan shall include a text and a diagram or diagrams which specify all of the following information. The Community Development Department provides a listing outlining Specific Plan submittal requirements, which will be utilized in reviewing Specific Plans.

1. The distribution, location, extent and intensity of land use including open space, within the area covered by the Specific Plan;

2. The proposed distribution, location, extent, and intensity of major public facility and service components such as public and private transportation, schools, parks, open space, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the Specific Plan which are consistent with adopted infrastructure master plans;

3. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the Specific Plan;

4. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

5. The implementation of all applicable provisions contained in each element of the General Plan (e.g. open space, circulation, etc.);

6. The identification of proposed changes, deviations and/or modifications to adopted City standards;

7. Such other information as is deemed necessary by the City to assure that the proposed Specific Plan is consistent with the provision of State laws, the General Plan and any other laws and regulations of the City and all other local agencies.

§ 36-21.10. Supporting Documentation. [Ord. No. 1032, § 1, 1995.]

The Specific Plan may be required to be accompanied by supporting documentation deemed necessary for the processing of the Specific Plan. Supporting documentation may include, but is not limited to, a financial analysis as required by State Law, to a level of specificity as required by LAFCO.

§ 36-21.11. Fees for Processing Specific Plans. [Ord. No. 1032, § 1, 1995; Ord. No. 1073, § 1.]

• A. The City Council may establish as a part of the resolution authorizing the acceptance and processing of a Specific Plan, a fee or fees to be applied to a Specific Plan area in order to reimburse the City for the costs of preparation, processing or implementation of the Specific Plan. If a Specific Plan is initiated and prepared by the City, actual costs of said Plan shall be assessed based on relative benefits to the affected property owners. Notwithstanding the foregoing, no fee shall be established by the City in violation of the Contributor Agreements entered into by the City in 1991 as part of the City Council's Resolution No. 91-61.

• B. Application fees for the review and preparation of Specific Plans shall be set forth by a resolution of the City Council as provided by Section 65456 of the California Government Code which allows fees to be charged in order to recover the costs incurred to review the applications, as well as prepare,

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review, and comment on the Specific Plan proposal and corresponding documents. This shall include, but not be limited to, staff time including consultants costs and environmental review, and may be revised from time to time as deemed necessary.

• C. Where a Specific Plan is prepared and funded by less than one hundred percent (100%) of the property owners covered by the Plan, the preparers of the Specific Plan shall be entitled to reimbursement for all benefiting property owners. The property owners funding the Specific Plan shall submit information to the City Council regarding expenses incurred in the preparation of the Specific Plan. The City Council, either concurrently with, or subsequent to, the adoption of the Specific Plan shall make a determination of allowed reimbursable expenses and shall enter into a reimbursement agreement with the property owners in a form approved by the City Attorney.

§ 36-21.12. Planning Commission and City Council Consideration of Specific Plans. [Ord. No. 1032, § 1, 1995.]

• A. The Planning Commission and City Council shall hold separate and independent public hearings on the proposed adoption or amendment of a Specific Plan.

• B. The Planning Commission shall review all proposed Specific Plans or amendments thereto, and shall act by resolution to adopt, reject, or modify the proposed Specific Plan and forward its recommendation and findings to the City Council for action.

• C. The City Council shall review the Planning Commission's findings and recommendations and shall act by ordinance to adopt, reject, or modify said Specific Plan or proposed amendment.

• D. If the City Council, prior to approval of the Specific Plan, desires changes or modifies a major or significant portion of a proposed Specific Plan recommended by the Planning Commission, then such substantial changes and/or modifications must first be referred back to the Planning Commission for consideration, unless the Planning Commission considered similar changes and/or modifications as part of its deliberation.

• E. Prior to approving or conditionally approving any Specific Plan or amendment thereto, the following findings shall be made by the Planning Commission and City Council that the Specific Plan:

  1. Is consistent with the goals and policies of the General Plan and with the purposes, standards, and land use guidelines therein;

  2. Will help to achieve a balanced community by providing a mix of housing for a wide range of residents in the City of Oakdale;

  3. Results in development which will be compatible with existing and proposed development in the surrounding neighborhood;

  4. Contributes to a balance of land uses so that local residents may work and shop in the City of Oakdale;

  5. Respects environmental and aesthetic resources consistent with economic realities; and,

  6. Ensures and provision of all necessary public services and facilities, financial arrangements, and implementation.

§ 36-21.13. Specific Plan (SP) Zone District. [Ord. No. 1032, § 1, 1995.]

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• A. Adoption of a Specific Plan will signify adoption of the SP Zone District, however, an SP Zone District shall only become effective upon the actual date of annexation.

• B. SP Zone Districts shall be numbered, the first SP Zone District adopted being identified as "SP-1", and with each subsequent zone numbered successively.

• C. The City of Oakdale Zoning Map shall be amended to reference all adopted and effective SP Zone Districts.

§ 36-21.14. Consistency of Proposed Development with a Specific Plan. [Ord. No. 1032, § 1, 1995.]

Prior to development occurring or issuance of building permits within an adopted Specific Plan area, the proposed development shall be determined to be in substantial conformance with the Specific Plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

• A. Conformance with the land use designation;

• B. Conformance with the specific development standards, goals and policies of the Specific Plan;

• C. Conformance with the intended density of the site.

§ 36-21.15. Revisions. [Ord. No. 1032, § 1, 1995.]

Each Specific Plan shall specify the revision procedures and define what types of modifications qualify as a revision (as noted in a checklist of examples for major and minor modifications, and adopted by City Council resolution).