Salinas Municipal Code Div. 15 Specific Plans

The purpose of this division is to provide a process for the development, adoption, and amendment of specific plans and to ensure that the Zoning Code is consistent with state law regulating specific plans, and in particular, Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the state of California. Figure 37-60.110 illustrates the specific plan process.

(Ord. No. 2463 (NCS).)

(a) A specific plan is required for any areas shown on the zoning map and in Article IV, Division 2: Specific Plan (SP) Overlay District as "specific plan (SP)."

(b) Specific plans in future growth areas shall be prepared in accordance with the new urbanism design standards contained in Article III, Division 8: New Urbanism (NU) Districts of this Zoning Code.

(Ord. No. 2463 (NCS).)

(a) An application for a specific plan and a specific plan amendment shall be initiated by submitting an application to community planning and development in accordance with Division 2: Application Procedures of this article.

(b) As part of the application process, applicants shall inform the city in writing of their intent to prepare a specific plan for an area at least sixty days prior to submittal of an application to community planning and development.

(Ord. No. 2463 (NCS).)

(a) Specific plans shall be consistent with the general plan.

(b) Following adoption of a specific plan, developments and uses of land, subdivisions (including tentative tract and parcel maps), public works projects, and development agreements shall be consistent with the specific plan.

(Ord. No. 2463 (NCS).)

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(a) A specific plan shall include a statement of its relationship and consistency with the general plan and compliance with Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the state of California. The city maintains full authority and discretion to determine how a specific plan will be prepared.

(b) The specific plan must address the following issues:

(1) The existing uses of land within the planning area must be analyzed to determine the influence the land will have under the specific plan. Existing agriculture, flood plain, environmentally sensitive areas, slopes over ten percent, seismic, sensitive biotic and wildlife communities may substantially affect the type of uses planned for the area. Land uses surrounding the planning area should also be analyzed and connection/transitions/buffers between uses designed to ensure compatibility with those uses identified by the specific plan;

(2) The proposed distribution, location, intensity, and extent of the uses of land within the planning area, including residential development, economic development, commercial/industrial development, parks, open space, lands to be dedicated for public use, and any easements to accommodate utilities or protect environmental resources;

(3) The proposed distribution, location, extent, and intensity of major infrastructure components including public and private transportation (including pedestrian ways, bike paths, bus turnouts, parking, public and private rights-of-way, and other transportation systems), parks and recreational facilities (including provision of public access ways), sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the planning area needed to support the land uses described in the plan;

(4) Development conditions and construction by which development will proceed (including architectural design and landscape concepts), how the project will address the city's new urbanism design concepts, and standards for the conservation, development and use of natural resources (including soils, vegetation and wildlife habitats, water, and energy) where applicable;

(5) Description of provisions to ensure compatibility with surrounding land uses and resources addressing geologic and fire hazards;

(6) A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of the preceding requirements; and

(7) Any other subject that is necessary or desirable for general plan implementation.

(Ord. No. 2463 (NCS).)

(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and, upon completion of such review and a review of the required findings ( Section 37-60.1230: Required findings of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of the public hearing, the planning commission shall make written recommendations to the city council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.1230: Required findings of this division. An affirmative vote of a majority (not less than four votes) shall be required to forward the recommendation to the city council.

(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive an affirmative vote of a majority (not less than four votes) of its total membership resulting in no action being taken by the planning commission, the application shall be forwarded without a recommendation directly to the city council with a record of the planning commission's vote and the proceedings thereon. The failure of the planning commission to report within forty-five days after the referral or within such time as is set by the city council shall be deemed a recommendation of approval in accordance with Government Code Section 65356.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission makes a recommendation on the application, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The city council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or deny the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of the specific plan (such a modification may require additional environmental review in accordance with CEQA as determined by the city planner). Prior to adoption of the specific plan, the city council shall make written findings supporting the reason for the decision in accordance with Section 37-60.1230: Required findings of this division. An affirmative vote of a majority (not less than four votes) of the city council's total membership shall be required for the decision to be final.

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council prior to approving or approving with conditions or modifications a specific plan or specific plan amendment shall, on the basis of the application and testimony submitted, make all of the following findings:

(a) The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and policies embodied in the Salinas general plan and other applicable plans and policies adopted by the city council.

(b) The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the city.

(c) The specific plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the state of California.

(Ord. No. 2463 (NCS).)

(a) Minor amendments to the specific plan may be approved administratively by the city planner. Minor amendments shall generally be limited to the following:

(1) An amendment that involves minor changes in building location, design, floor area ratio, floor plan, signage, landscaping, parking, or driveway orientation; and

(2) Does not involve a change of use, density, or intensity of development (including FAR), or introduction of new or intensified environmental impacts not previously analyzed, and does not change the character of the project.

(b) All other amendments to the specific plan shall be processed in the same manner as an application for the original approval of the specific plan unless otherwise authorized by the specific plan.

(Ord. No. 2463 (NCS).)