Chapter 21.14 — SPECIFIC PLANS

A.

Purpose. This chapter provides a method for preparing, processing, reviewing, and adopting specific plans in compliance with California Government Code Section 65450 et seq., or as that section may be amended or replaced from time to time. In addition, this chapter provides a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time. A specific plan is intended to provide for flexibility in the establishment of land use regulations by allowing for innovative use of land resources and development; a variety of building, development, and housing types; land use mixes; site design; development concepts; and effective and safe pedestrian and vehicular circulation.

B.

Applicability. Once adopted, a specific plan shall govern all use and development of properties within the bounds of that specific plan.

1.

Where a specific plan is silent regarding development standards, the provisions of this title shall govern. The director shall have the authority to determine which provisions of this title apply where a specific plan is silent.

2.

When a use is not specifically listed as permitted in the specific plan, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the specific plan as permitted or not found to be substantially like a permitted use are prohibited.

3.

No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a specific plan, unless found to be consistent with the adopted specific plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following entity may submit or initiate an application for a specific plan or specific plan amendment:

A.

A majority of the city council; or

B.

The director; or

C.

An application filed by the owner(s) of one or more parcels, or the owner's authorized agent, that would be the subject of the specific plan. If the property for which a specific plan or specific plan amendment is proposed is held in multiple ownerships, all the owners or their authorized agents shall join in filing the application. If initiated by a property owner(s), a pre-application conference as specified in Subsection D., below is required.

D.

Pre-Application Conference Required. A pre-application conference with the director is required before the filing of a specific plan application. The city may establish fees for the pre-application conference.

1.

The purpose of the pre-application conference is to allow the property owner(s) or property owner's agent to obtain information before entering into commitments requiring that the applicant incur substantial expense in the preparation of plans, surveys, and other data.

2.

The preliminary consultations shall include, but are not limited to, the following:

a.

Proposed land uses to be developed within the project area;

b.

Development concepts to be employed;

c.

Schematic plans, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features; and

d.

A preliminary time schedule for development, including quantitative data (such as population, building units, land use acreage, and other data) sufficient to illustrate phasing of development and potential impact on public service requirements.

3.

Pre-application review shall not constitute any representation on the part of the city that a specific plan will be prepared or approved for the property or that any other application pending or otherwise will be approved.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Development within a specific plan area is subject to the review process set forth in Chapter 21.15 (Development Review) unless the text of the applicable specific plan provides otherwise. Development projects proposed within specific plans shall require approval of either:

A.

A master development plan (Section 21.16.030) with conceptual site plan, landscape concept and design guidelines. Subsequent to approval of a master development plan, development review pursuant to Chapter 21.15 (Development Review) shall also be required; or

B.

A development plan, site plan, or plot plan pursuant to Chapter 21.15 (Development Review) with final site plan, landscape plan, and final architectural elevations and materials.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.14.040 - Hearings, recommendation, and action.

A.

Planning Commission Hearing and Recommendation.

1.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

2.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed specific plan to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.14.050 (Required Findings) and, if applicable, Section 21.10.080 (General Plan Consistency Required for Zoning Amendments).

a.

Approval. If the planning commission has recommended approval of the proposed specific plan, the city council is required to take final action pursuant to Subsection 21.14.040(B) (City Council Hearing and Action).

b.

Denial. If the planning commission has recommended against the proposed specific plan, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

B.

City Council Hearing and Action.

1.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

2.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed specific plan.

3.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Prior to adopting a specific plan, the planning commission (on recommendation) and city council shall make all of the following findings:

A.

The specific plan or amendment thereto is consistent with the goals, objectives, and policies of the general plan;

B.

The specific plan or amendment thereto would not be detrimental to the public health, safety, or welfare of the community;

C.

The specific plan or amendment thereto includes provisions that ensure that adequate public facilities will be available to serve the range of development described in the plan;

D.

The subject property (or properties) proposed for the specific plan has unique characteristics such as topography, location, size or surroundings that are enhanced by special land use and development standards; and

E.

The specific plan results in the development of desirable character and use types that will be compatible with the surrounding area, provides effective buffering from adjacent uses, and includes policies for the protection of prominent ridgelines, oak trees, and other natural resources.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.14.060 - Adoption of a specific plan.

A.

Specific plans may be adopted by either resolution and/or ordinance.

B.

Resolutions shall govern those components of specific plans that are:

1.

Policy statements describing the vision for development;

2.

Descriptions of the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities; and

3.

Programs of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out Paragraphs 21.14.060(B)1. and 21.14.060(B)2.

C.

Ordinances shall govern those components of specific plans that act as zoning regulations for the areas covered by specific plans, including:

1.

The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; this would include "regulating plans", land use/zoning maps; and

2.

The regulations for development of said lands.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Expiration and Extension. Since specific plan applications are flexible, expiration will be determined on a case-bycase basis. Most specific plan approvals will not expire unless replaced by a subsequently adopted specific plan or rendered obsolete by adoption of a conflicting general plan designation. In some cases, however, limiting the duration of an approval may be appropriate when the specific plan is linked to another entitlement that expires. The resolution adopting a specific plan shall specify the duration of the specific plan and any means of extension, which may include an evaluation of an applicant's due diligence in satisfying specific plan provisions.

B.

Amendment.

1.

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

2.

Frequency. The specific plan may be amended as often as deemed necessary by the city council, in compliance with California Government Code Section 65453.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Chapter 21.05 (Specific Plans Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.15 - DEVELOPMENT REVIEW

21.15.010 - Purpose and applicability.

A.

Purpose. Development review is established to ensure that new development supports the goals and policies of the general plan and other adopted plans and guidelines. The specific purposes of the development review process are to:

1.

Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

2.

Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

Supplement other city regulations and standards to ensure control of aspects of design that are not otherwise addressed.

B.

Applicability. Development review is required prior to construction and building permit issuance for any structure, or to relocate, rebuild, or significantly enlarge or modify any existing structure or site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.15.020 - Types of development review established.

A.

Types of Development Review and Review Authority. Three levels of development review are hereby established:

1.

Development Plans. Review of major development projects shall be conducted by the planning commission as development plans.

2.

Site Plan. Review of minor development projects shall be conducted by the development review committee as site plans.

3.

Plot Plan. Review of minor details shall be conducted by the zoning administrator as plot plans.

B.

Thresholds. Unless otherwise specified in this section, thresholds identified in Table 21.15.030-1 (Review Authority for Development Review) shall be cumulative over a five-year period. The starting point for the five years shall be when the certificate of occupancy has been issued.

C.

CEQA Review. Notwithstanding Table 21.15.030-1 (Review Authority for Development Review), the zoning administrator may determine that certain site plans and plot plans are not exempt from CEQA; in any case where a site plan or plot plan requires preparation of an initial study or environmental impact report, the project and related CEQA action shall be reviewed by the planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)