Rohnert Park Municipal Code Art. VIII Specific Plan Zoning District

The purpose of this section is to:

A. Facilitate the general plan provisions for the preparation, adoption and implementation of specific plans in certain areas of the community pursuant to Government Code Section 65450 et seq.

B. Provide the city with the ability to require specific plans when the city council finds it necessary and appropriate.

C. Ensure that large developing areas of the city are master planned and compatible with the existing community; and, that each phase of a multi-year development is compatible with and integrated into each of the past and future phases of the development.

D. Ensure that the extensive information needed by the city to process applications is submitted at appropriate times during the preparation of a specific plan and that early public input is obtained prior to adoption of a specific plan.

E. Provide the city with flexibility to regulate the design phases that are inherent in large master planned developments and to allow variations from the zoning ordinance standards and provisions as may be appropriate for a master planned area.

(Ord. 695 § 3, 2003)

The regulations set forth in this section apply to all SP - Specific Plan Districts. The Specific Plan District shall apply to all areas designated in the general plan for a specific plan and any other area of the city where the city council may determine that because of a project's size, mixed uses, adverse environmental impacts, or other factors, a specific plan should be considered. Consistent with the general plan, these regulations may be modified by the planning and community development director for the Wilfred-Dowdell specific plan area, for which one draft specific plan has been prepared. The purpose of the modifications would be to facilitate final resolution of a specific plan for this area.

An initiation by the city council or planning commission or a request to rezone a parcel or parcels to a SP District shall be processed as a rezoning application pursuant to Chapter 17.25, Article VII and may be initiated in the same manner as a specific plan or as part of a specific plan application.

(Ord. 695 § 3, 2003)

Certain uses may be specifically permitted or permitted by use permit or may be disallowed from a specific plan area in accordance with provisions specified in the specific plan and consistent with the general plan.

(Ord. 695 § 3, 2003)

A. Preparation and adoption of a new specific plan or amendment of an existing specific plan may be initiated by either of the following actions:

1. Resolution of the city council; or

2. An application from a property owner(s) with control of a majority of the acreage within the existing or proposed SP District or his/her agent. The city shall only process one preliminary application and one specific plan application at a time for a specific plan district.

3. An application from property owners who control less than a majority of the acreage within the existing or proposed SP District if the city council, by resolution, determines that it is in the best interest of the city to allow the minority property owners to proceed with the specific plan process and if the property owned by the minority property owner(s) is contiguous to the city's incorporated boundaries.

B. If the property for which a specific plan or specific plan amendment is proposed is located in unincorporated territory, the SP District designation will serve as prezoning for the property pursuant to Government Code Section 65859.

(Ord. 695 § 3, 2003)

Applications for a specific plan shall include two separate stages. The first stage is submittal of the preliminary application and the second stage is submittal of the draft specific plan. Applications for development within a SP District shall include a development area plan, pursuant to Section 17.06.400. The preliminary application stage shall not be required for an amendment to a specific plan unless it is determined by the planning director that the amendment constitutes a new specific plan (e.g., fifty percent or more of the text or land use map are proposed to be amended).

(Ord. 695 § 3, 2003)

A. The first stage of a specific plan application shall be submittal of a preliminary application. Due to the size of the SP District areas and their potential impact on the community, the preliminary application will provide the opportunity for staff, the public, the planning commission and the city council to review the preliminary proposal prior to the preparation of a full draft specific plan.

B. The preliminary application shall include the following:

1. Completed planning application form and required fee and attachments.

2. A general description of the proposed development, including a legal description of the property in the district.

3. Definitions of the land use designations (including density ranges and, in the case of residential designation, sample product types).

4. Schematic maps, illustrative material and narrative sufficient to describe the general relationships between on-site and surrounding land uses, circulation system, and the intended design character and scale of principal features including, but not limited to, public buildings, schools, parks, and open space.

5. A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, preliminary ranges of water consumption and wastewater generation, and other data sufficient to illustrate phasing of development and potential impact on public service requirements.

6. General description of possible financing mechanisms for on- and off-site infrastructure improvements.

7. A preliminary map showing the natural resources, as well as the opportunities and constraints of the district (e.g., wetlands, creeks, view corridors), including wetlands, habitat areas, and creeksides by a qualified biologist and a preliminary program for conservation/mitigation to the extent feasible. The map shall indicate the potential for candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service and possible mitigation. Included with the map shall be a preliminary biological assessment, by a qualified biologist, indicating whether any biological surveys are required for potential candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.

8. Schematic maps of two conceptual land use and/or land use and circulation alternatives considered in the development of the preliminary plan.

C. The number of copies of the application and attachments to be submitted shall be determined by the planning and community development director.

D. If the property within an existing or proposed specific plan district is owned by more than one owner and not all owners join in the application, the planning and community development director may modify the requirements for a preliminary application to require, on a site-specific basis, less detailed information regarding property owned by persons not joining in the application.

(Ord. 695 § 3, 2003)

A. Within thirty days of submittal, the community development director shall respond in writing to the applicant regarding the completeness of the preliminary application. Following initial application review, the community development director may require other documentation and information he or she deems necessary for the parks and recreation commission and planning commission to make a recommendation to the city council regarding conformance with the general plan.

B. Parks and Recreation Commission Report. The application shall be submitted to the parks and recreation commission for a report with regards to any proposed parkland dedication. The report of the parks and recreation commission to the planning commission shall include the criteria listed in Section 16.14.020(K)(1)(a) of this code.

C. Planning Commission and City Council Public Hearings. The planning commission and city council will each hold a public hearing to receive public input on the preliminary plan. Additional public meetings and workshops may be required if necessary to determine general plan conformance as determined by the community development director.

D. Following completion of the public meetings, but not more than ninety days following the determination that the preliminary application is complete, the community development director will provide the applicant(s) and all property owners within the SP District with a copy of the staff report and any adopted resolutions.

E. Preliminary 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.

F. Final Development Plan. Once a preliminary development plan has been approved by the planning commission, a final development plan to rezone the property to SP District may be submitted to the city. If subdivision within the district is necessary, then a tentative map may also be applied for at this time. Once the application has been deemed complete by staff, a public hearing before the planning commission shall be scheduled following appropriate environmental review of the plan. The planning commission shall make any new recommendations to the city council based on a review of the environmental impacts of the plan, the appropriateness and interrelationship of the proposed uses, any effects on traffic circulation due to development of the plan, the quality of the suggested site plan design, consistency with the general plan and any applicable specific plan, and other details of the proposed district. A favorable recommendation must include the findings listed in this title for a final development plan (see Section 17.06.260). At its public hearing, the city council may approve or deny the final development plan or return the matter to the planning commission for further evaluation. If approved, the property shall be rezoned as a SP zoning district and so indicated on the zoning map for the city.

(Ord. 787 § 5, 2007: Ord. 695 § 3, 2003)

A specific plan application may include a request that the city enter into a development agreement with the property owner(s) or applicant for development within the specific plan area. To the extent practicable, the development agreement application shall be processed concurrently with the specific plan application. Provisions of this chapter may be varied if expressly authorized through approval of a development agreement.

(Ord. 695 § 3, 2003)

A. Applications for a specific plan or specific plan amendment shall contain the following:

1. Completed planning application form and required fee and attachments.

2. Two copies of a preliminary title report dated within the last six months.

3. A master copy of a draft specific plan or proposed revisions to an adopted specific plan in the case of an amendment, both in print and electronic format, if available. Additional copies of the draft documents shall be submitted for public review purposes, as determined by the planning and community development director.

4. A comparison of the standards and provisions of the specific plan to the standards and provisions of the zoning ordinance.

B. The draft specific plan shall include the following, subject to the satisfaction of the planning and community development director:

1. Text and tables providing:

a. A general description of the proposed development, including a legal description of the property in the district.

b. A statement of the relationship of the specific plan to the general plan.

c. A boundary survey map of the area within the specific plan and a calculation of the gross land area within the district.

d. Definitions of the land use designations (including density ranges and, in the case of residential designation, sample product types) shown on the specific plan graphics (as required by subsection 2 of this section).

e. A land use program in table format setting forth, by area and in total, the minimum and maximum total dwelling units, the minimum and maximum nonresidential square footage, and the minimum acreage for open space, public uses, and any other uses for the district at buildout.

f. A description of each land use sub-area in terms of uses and compatibility, and the zoning district regulations that shall apply to that sub-area to the extend not otherwise specified in the specific plan.

g. A public facilities financing plan that explains how streets, water, wastewater, solid waste, and parks, all meeting city standards, will be provided to the project including quantitative data, such as population, housing units, land use acreage, engineering calculations for projected water consumption and wastewater generation, and other data sufficient to illustrate phasing of development and potential impact on public service requirements. The plan must demonstrate, to the satisfaction of the city manager, that completion of all necessary infrastructure and public facility improvements concurrently with completion of the specific plan is economically, physically, and legally feasible. The city manager shall base the determination of completeness by reviewing the following components:

(1) Identification of public improvements required to complete each phase of the project as well as the entire project in accordance with the general plan and city standards.

(2) Detailed cost analysis of required public improvements.

(3) Method of financing required public improvements.

(4) Implementation and phasing schedule correlated with project buildout.

(5) Plan for receiving approval of all regulatory agencies including proposed timeline for submittal and approvals.

(6) Evidence of ability to complete improvements in a satisfactory and timely manner.

(Note: Pursuant to general plan policies GM-10, GM-11, and GM-12, a public facilities plan that provides for the project's fair share of the financing for the necessary public facilities, but does not provide for the completion of the public facilities prior to completion of the development due to lack of contribution by other responsible parties, will be deemed complete but will not be sufficient to receive approval as part of a specific plan unless either one or both of the following exceptions apply:

(i) A statement of public policy considerations is adopted by the city council to allow certain required public facilities to be deferred for a specific time period. The statement of public policy considerations shall include findings that specific and offsetting community goals and objectives are achieved by the project that balance not meeting the goal of providing necessary public facilities concurrently with development. A time period shall be specified in which the improvements must be completed. Such findings shall be supported by substantial evidence in the record of the public hearing.

(ii) For projects subject to a development agreement, the city council may grant an exception for streets/highways/intersections only, if it can be demonstrated that although adequate street/highway/intersections are unable to be provided for the development at the time occupancy is projected, such facilities will be provided within two years of the time occupancy is projected. The determination that such facilities will be provided within two years of the time occupancy is projected shall be based upon the approved public facilities financing plans submitted by other projects that contribute to the need for the street/highway/intersection improvement.).

h. Description of proposed water supply (Note: information will be used toward determining the adequacy of water supply consistent with general plan policies PF-11 and PF-14, relating to water supply.).

i. If based on the preliminary biological assessment and mapping submitted as part of the preliminary application, surveys are required, a complete site-specific biological assessment of wetlands, habitat areas, and creeksides by a qualified biologist and a proposed program for conservation/mitigation to the extent feasible. The biological assessment shall include a survey, conducted in accordance with established California Department of Fish and Game guidelines, for potential candidate, sensitive, or special status species identified in the general plan (e.g., the California tiger salamander), other local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, both in breeding habitat and adjacent upland estivation habitat, with appropriate mitigation, including avoidance and minimization measures.

If a survey has not been completed at the time of application submittal, it shall be completed prior to completion of a draft environmental impact report. A specific plan application shall not be considered complete until any required surveys are complete, except as may be modified pursuant to subsection 17.06.370(C).

If surveys are determined not to be required, documentation for this determination prepared by a city-approved biologist shall be submitted.

j. Proposed program for conservation of the natural resources along creeks and standards for the conservation, development and utilization of natural resources where applicable.

k. A preliminary traffic study prepared by a qualified traffic/transportation planner or engineer and reasonable mitigation measures to mitigate traffic impacts resulting from the development.

l. An affordable housing program showing how the proposed development will comply with the city's inclusionary housing requirement, if applicable.

m. Other plans and programs, as may be necessary, to address general plan and city requirements regarding traffic, natural resource conservation and management, parks and open space (including a description of the acreage, layout, and configuration of proposed parkland dedication), hydrology, drainage and storm water runoff.

2. Graphics showing generally:

a. Land use designations for each distinct use in the SP District (each such designated area is hereinafter referred to as a "land use area") and in adjacent areas outside the district.

b. Public circulation system (including street standards and cross sections, pedestrian paths and bikeways, and linkages to adjacent properties, where appropriate).

c. Public buildings, schools, open space, and park.

d. A Preliminary Public Infrastructure Plan including the proposed location and capacity of major infrastructure components, including wells, sewerage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the draft specific plan.

e. A map showing the natural resources as well as the opportunities and constraints of the district (e.g., wetlands, creeks, view corridors).

f. Diagram of how the development within the area covered by the specific plan is to be phased.

3. Standards and criteria by which development will be phased.

4. Standards for the conservation, development, and utilization of natural resources.

5. A topographic map and, if applicable, a general grading concept plan for the property, shown at contour intervals not to exceed two feet for natural slopes over two percent or less. For natural slopes of two percent or more, contour intervals shall not exceed five feet.

6. Development standards, including, but not limited to, the following:

a. Permitted uses;

b. Conditionally permitted uses;

c. Site coverage;

d. Floor-area ratios;

e. Setbacks;

f. Building heights;

g. Accessory structures;

h. Private and public outdoor areas, including open space and parks;

i. Parking; and

j. Fencing.

7. Design guidelines, including, but not limited to, the following:

a. Site guidelines.

(i) Streetscape,

(ii) Parking,

(iii) Pedestrian connections,

(iv) Landscape and street tree palette, and

(v) Lighting;

b. Building guidelines.

(i) Porches and entries,

(ii) Scale,

(iii) Architectural character,

(iv) Materials/colors,

(v) Landscaping, and

(vi) Signage.

8. A program of implementation measures, including regulations, programs, public works projects, and financing mechanisms necessary to carry out the specific plan. In cases where the application for a specific plan is not joined by all property owners in the district, the implementation program may address any additional information or procedures required for development of those properties, and may establish mechanisms for the allocation of specific plan fees and public facility and infrastructure costs among property owners within the district.

9. Any other information required by state law or the general plan to be included in a specific plan.

10. Any other subjects that, in the judgment of the planning commission or city council, are relevant to the application and are necessary and desirable for implementation of the general plan.

C. If the property within a proposed specific plan district is owned by more than one owner and not all owners join in the application, the planning and community development director may modify the requirements for a draft specific plan to require, on a site-specific basis, less detailed information regarding property owned by persons not joining in the application.

(Ord. 787 § 6, 2007; Ord. 695 § 3, 2003)

A. Parks and Recreation Commission Report. Upon receipt of a complete application, the parks and recreation commission shall consider the application at a public hearing and report on the proposed acreage, layout, and configuration of parkland dedication and report to the planning commission on the project's compliance with the city's general plan requirements and any other city policies for parkland dedication.

B. Planning Commission Review. Following completion of environmental documentation as required by the California Environmental Quality Act, a public hearing shall be scheduled before the planning commission.

1. Notice. At least ten days prior to the planning commission hearing, the community development director shall cause to be mailed a notice to the applicant and to all owners within the existing or proposed SP District and within three hundred feet of the boundaries of the district as shown on the latest equalized property tax assessment roll, publish a notice in a newspaper of general circulation, and post a notice in at least three public places in the city.

2. Recommendation. The planning commission shall forward the report of the parks and recreation commission to the city council and indicate by resolution, with recommended findings (see Section 17.06.390), whether the specific plan or specific plan amendment is recommended to the city council for approval, approval in modified form, or disapproval. Following the planning commission's recommendation, the community development director shall forward said recommendation to the city clerk for scheduling before the city council.

C. City Council Review. The city council shall conduct a public hearing on the specific plan or the specific plan amendment.

1. Notice. At least ten days prior to the city council hearing, the community development director shall cause to be mailed a notice to the applicant and all owners of property within three hundred feet of the boundaries of the proposed district as shown on the latest equalized assessment roll, publish a notice in a newspaper of general circulation, and post a notice in at least three public places in the city.

2. Approval. Approval of the specific plan or specific plan amendment shall be by resolution. The city council may approve, approve with modifications, or disapprove any proposed specific plan or specific plan amendment. If the city council approves the specific plan with modifications, the applicant shall be responsible for the reprinting of the approved specific plan with all city council approved changes and amendments. A master copy, both in print and electronic form, and a certain number of copies, as determined by the community development director, shall be provided to the city within thirty days of the city council's approval of the specific plan.

(Ord. 787 § 7, 2007: Ord. 695 § 3, 2003)

A. The city council may approve a specific plan or an amendment to a specific plan only if it can make all of the following findings of fact:

1. The specific plan or specific plan amendment is consistent with the city's general plan;

2. The specific plan or specific plan amendment will not adversely affect the public health and safety or result in incompatible land uses;

3. The specific plan or specific plan amendment provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of the specific plan; or, alternately, a statement of public policy consideration can be adopted and/or an exception granted in accordance with general plan policies GM-10, GM-11, and GM-12.

4. The specific plan or specific plan amendment identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development.

5. In the case of a specific plan amendment, the following additional finding shall be made: The proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

6. In the case of a specific plan located within unincorporated territory, the following additional finding shall be made: The proposed specific plan is consistent with the planning and prezoning designation provided for the specific plan area, pursuant to Government Code Sections 65300 and 65859, or alternatively functions as prezoning for the unincorporated territory.

(Ord. 695 § 3, 2003)

A. The specific plan shall include procedures and other requirements for development area plans for development within specified land use areas of the specific plan district. The development area plan may be submitted in phases or all at once. The development area plan application(s) may be submitted at any time subsequent to submittal of the specific plan application, except that the entire project area or the first phase of a multi-year development may be submitted concurrently with the specific plan application. Other applicable project applications (e.g., subdivision map, lot line adjustment, conditional use permit) may be submitted concurrently with development area plan application(s).

B. A development area plan shall consist of at least one land use area and a minimum of twenty percent of the total acreage of the project or ten acres, whichever is less, unless otherwise provided for in the specific plan or the development area includes property designated for a public use or is proposed for use as affordable housing, in which case no minimum acreage shall apply.

C. Consideration of development area plans shall include notification by the planning and community development director to surrounding property owners and neighbors in the same fashion as the specific plan hearings.

D. The planning commission shall consider a development area plan application concurrent with or after its consideration of the specific plan application or after council action on the specific plan, and shall make a written recommendation on the development area plan to the city council.

E. In order to approve a development area plan application, the city council shall find the proposed development conforms to the specific plan; and

1. Public infrastructure and services can be provided concurrently with the development; or

2. A statement of public policy consideration and/or an exception can be granted pursuant to Subsection 17.06.370B.l.g. of this chapter.

F. The area of a single land use area in a development area plan may vary by up to fifteen percent from the area shown on the specific plan graphics, provided that the overall minimum and maximum residential units, the overall minimum and maximum non-residential square footage and the overall minimum public use open space acreage designated on the specific plan graphics are maintained.

G. In the case of a residential land use area, the development area plan may allow for residential uses that are more or less dense than the density designated on the specific plan graphics, provided that the overall residential density ranges designated for that land use area are maintained.

(Ord. 695 § 3, 2003)

The development area plan application shall include the following information, subject to the satisfaction of the planning and community development director:

1. A summary, including a table of specific plan standards and proposed plan standards, showing how the development area plan conforms to the specific plan, including but not limited to the following matters: the total dwelling units in the development area plan by type (such as detached single family, multifamily and the like), the square footage of nonresidential uses and a parking calculation of required and provided spaces by use and stall size.

2. Development area plan graphics showing:

a. Areas of proposed land use, including open space;

b. All streets, pedestrian ways and bike ways;

c. A preliminary infrastructure plan;

d. A proposed plot plan for each building site in the plan (or, in the case of single family residences, a typical plot plan) showing the existing and/or proposed buildings (indicating maximum and minimum distances between buildings, between building and property or building site boundaries, percentage of building coverage and percentage of landscaping, if applicable), paving and areas to be landscaped;

e. A parking and/or loading plan drawn to scale;

f. Preliminary elevations of all proposed structures drawn to scale. The purpose of such drawings is to indicate the building heights, materials, fenestration, colors, and the general appearance of the existing and/or proposed structures so that the entire development will not detract from and will preserve the integrity of the surrounding developments;

g. Preliminary floor plans of the proposed structures;

h. Preliminary landscaping plan; and

i. Fencing, trash disposal and recycling storage areas.

3. A tentative subdivision map or vesting tentative map for the development area plan, if appropriate.

4. A map showing the existing natural resources of the district.

(Ord. 695 § 3, 2003)

Construction in each development area must begin within two years of final development area plan approval by the city council or the approval will expire and must be re-applied for. For good cause shown by the developer, the planning commission may, at a public hearing, grant extensions of time for up to two years for each extension. An application for an extension must be filed within two years of the date of council approval of the development area plan.

(Ord. 695 § 3, 2003)

Notwithstanding Chapter 17.25, Article III Site Plan and Architectural Review, no site plan and architectural review shall be required for any approvals or permits granted for development within a SP District to the extent that they substantially conform to the development area plan. The review of the development area plans by the planning commission and city council shall constitute an equivalent of the review envisioned by Chapter 17.25, Article III.

After the initial approval and construction of the development area plan, remodels and additions to the buildings and sites in the specific plan area shall be handled through the usual site plan and architectural review requirements of Chapter 17.25, Article III.

(Ord. 695 § 3, 2003)

The planning and community development director shall have the authority to grant minor modifications to a development area plan not to exceed ten percent of the number proposed for modification, limited to lot area, lot width, building height, setbacks, parking number or dimensions, building coverage, landscaping and fencing dimensions, and facade changes. Major modifications to a development area plan shall be made in accordance with the procedures set forth in Section 17.06.400, Development Area Plans—submittal and approval procedures.

(Ord. 695 § 3, 2003)

A. The city council may by resolution, adopt reasonable fees and a reasonable fee schedule for costs incurred by the city in the processing of preliminary applications, specific plan applications, and development area applications.

B. Specific plan reimbursement fees shall be imposed as a condition of development approval to reimburse the applicant(s) or, if city initiated, the city for costs in incurred in the preparation, adoption, and implementation of a specific plan including the preliminary application and costs incurred pursuant to CEQA. Reimbursable costs incurred by the applicant(s) shall be based on a prior city-approved budget and documented expenditures. The reimbursement fees shall be calculated and collected for all development in accordance with the applicable fee schedule adopted by resolution of the city council at the time a specific plan is approved, and as may be amended from time to time, based on documented and city approved costs incurred in the preparation, adoption and implementation of a specific plan including the preliminary application.

C. Reimbursement fees shall be collected at the time a subdivision or parcel map or building permit is applied for, whichever comes first, unless otherwise stated in the adopting resolution. In the case of development requiring multiple development approvals, the specific plan fee requirement shall be applicable only once, to any particular property.

D. Appeal of any reimbursement fee imposed pursuant to this chapter shall be made in accordance with the appeal procedures established in this title for to the city council.

E. Reimbursement fees are intended to reimburse the applicant or the city for costs associated with the preparation, adoption and administration of each specific plan. All reimbursement fees collected shall be placed in a separate fund designated for the preparation, adoption, and administration of each specific plan.

F. At least once every year prior to, or at the time of, city council adoption of the annual budget, staff shall prepare a report to the city council on the subject of reimbursement fees which report shall include the following for each specific plan area:

1. Itemization of costs incurred by the applicant or the city in the preparation, adoption and administration of the specific plan, including costs incurred pursuant to CEQA.

2. Itemization of specific plan fees collected in the preceding budget year and cumulatively; and

3. Additions to (by annexation or otherwise) and deletions of land from the specific plan area.

(Ord. 695 § 3, 2003)