Pismo Beach Municipal Code Ch. 17.46 Specific Plans

When required by the general plan, this Zoning Code, or by State law to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved or disapproved, and implemented in compliance with this chapter.

Before preparing a draft specific plan in compliance with this chapter, the applicant shall request a pre-application review. The director shall refer all materials submitted with a request for pre-application review to affected city departments. The reviewing departments will inform the applicant of city requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

A draft specific plan shall include the following detailed information in the form of text and diagrams, organized according to an outline furnished by the department:

A. Proposed Land Uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas;

B. Infrastructure. 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 to be located within the specific plan area and needed to support the proposed land uses;

C. Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

D. 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 development and conservation standards and criteria;

E. Relationship to General Plan. A statement of the relationship of the specific plan to the general plan;

F. Additional Information. The specific plan shall contain any additional information determined to be 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 issue determined by the director to be significant.

A draft specific plan shall be filed with the department, and shall be accompanied by the fee required by the city fee resolution. The draft plan shall be processed in the same manner as required for general plans by Government Code Sections 65350 et seq., and as follows:

A. Director Evaluation. After the filing of a draft specific plan, the director shall review the draft specific plan to determine whether it conforms with the provisions of this section. If the draft plan is not in compliance, it shall be returned to the applicant with a written specification as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the department and the director determines it is complete and in compliance with this section, the plan shall be deemed to be accepted for processing.

B. Environmental Review. The draft specific plan shall be subject to environmental review as specified in the city's CEQA Guidelines.

C. Staff Report. A staff report shall be prepared in compliance with Section 17.40.080 (Staff Report and Recommendations) which shall include detailed recommendations for changes to the text and diagrams of the specific plan to make it acceptable for adoption.

D. Public Hearings. A draft specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:

1. Commission. The director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents, but not before the expiration of any public review periods for environmental documents required by CEQA. The hearing shall receive public notice and be conducted in compliance with Chapter 17.58 (Public Hearings). After the hearing, the commission shall forward a written recommendation to the council.

2. Council. After receipt of the commission recommendation, a public hearing on the specific plan shall be scheduled by the council. The hearing shall be noticed and conducted in compliance with Chapter 17.58 (Public Hearings). After the hearing, the council may adopt the specific plan, may disapprove the plan, or may adopt the plan with changes, provided that any substantial changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation. Failure of the commission to report within forty-five days after the referral, or any longer period set by the council, shall be deemed a recommendation for the approval of the changes.

The adoption of a specific plan is entirely at the discretion of the council. The council shall adopt a specific plan only if it first determines that the plan:

A. Is consistent with the general plan; and

B. Will not have a significant effect on the environment, or is subject to the overriding findings specified in the city's CEQA Guidelines.

The specific plan shall be adopted by ordinance, or by resolution of the council.

A. Development within Specific Plan Area. After the adoption of a specific plan, no public works project may be approved, no tentative map or parcel map for which a tentative map is required may be approved, and no amendment to this Zoning Code may be adopted within an area covered by a specific plan unless it is consistent with the specific plan. The council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with Government Code Section 65456.

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