Chapter 86.14 — SPECIFIC PLAN ADOPTION AND AMENDMENT

(a) Process. This Chapter provides a process for preparing, processing, reviewing, adopting, and amending a specific plan.

(b) Compliance. When required by § 86.14.030 (Applicability), below, the General Plan, or this Development Code to systematically implement the General Plan for any part of the County, a specific plan shall be prepared, processed, approved and implemented, or disapproved in compliance with this Chapter.

(Ord. 4011, passed - -2007)

An adopted specific plan shall replace the base land use zoning district for the subject property, and the development standards/guidelines identified in the specific plan shall take precedence over the general standards/guidelines contained in this Development Code.

(Ord. 4011, passed - -2007)

(a) Authority to Adopt and Amend. An application for a specific plan shall be considered by the Commission and the Board.

(b) Specific Plan Required. A specific plan, which is designed to provide for flexibility and encourage innovate use of land resources and development of a variety of housing and other development types shall be required whenever it would assist in the comprehensive master planning of a specific site(s).

(Ord. 4011, passed - -2007)

A specific plan may be initiated in the following manner:

(a) Board. By a resolution adopted by the Board, with or without a recommendation from the Commission; and

(b) Property Owner. By an application being filed by the owner(s) of property that would be the subject of the specific plan.

(Ord. 4011, passed - -2007)

If property-owner initiated, the application shall be accompanied by the information identified in the Department handout for specific plan applications. It is the responsibility of the applicant to provide evidence in support of the findings required by § 86.14.070(a) (Board’s Action), below.

(Ord. 4011, passed - -2007)

If property-owner initiated, the draft specific plan shall be filed with the Department, and shall be accompanied by the fee in compliance with the Planning Fee Schedule. The draft plan shall be processed in the same manner as required for general plans by State law, and as follows:

(a) Director’s Evaluation.

(1) After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this Chapter.

(2) If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

(3) When a draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing.

(b) Staff Report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption; and

(c) Public Hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Board before its adoption, as follows:

• (1) Commission.

(A) The Director shall schedule a public hearing on the proposed specific plan.

(B) The hearing shall receive public notice and be conducted in compliance with Chapter 86.07 (Public Hearings).

(C) After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Board in compliance with § 86.14.070(a) (Board’s Action), below.

• (2) Board.

(A) After receipt of the Commission’s recommendation, the Board shall conduct a public hearing on the specific plan. The hearing shall receive public notice and be conducted in compliance with Chapter 7 (Public Hearings).

(B) After the hearing, the Board may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with § 86.14.070(a) (Board’s Action), below; provided, changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law.

(C) Failure of the Commission to report within 45 days after the referral, or a longer period set by the Board, shall be deemed a recommendation for the approval of the changes.

(Ord. 4011, passed - -2007)

(a) Board’s Action. The Board may adopt a specific plan only if all of the following findings can first be made:

(1) The proposed development is generally in compliance with the actions, goals, objectives, and policies of the General Plan;

(2) The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and land use zoning district in which the property is located;

(3) The proposed development would:

(A) Ensure quality development by encouraging greater flexibility with more creative and aesthetically pleasing designs for major developments;

• (B) Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and

(C) Promote a harmonious variety of housing choices and commercial and industrial activities; attain a desirable balance of residential and employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space.

• (4) The subject property is physically suitable for the proposed land use zoning district designation(s);

• (5) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures; and

(6) There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted by the Board.

(b) Adoption. The specific plan shall be adopted by ordinance in compliance with State law.

(Ord. 4011, passed - -2007)

(a) Development Within Specific Plan Area. After the adoption of a specific plan, a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a specific plan only if it is first found to be in compliance with the specific plan.

• (b) Specific Plan Fee Surcharge. The Board may impose a specific plan fee surcharge on development entitlements within the specific plan area in compliance with State law.

• (c) Amendments.

• (1) An adopted specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.

• (2) The specific plan may be amended as often as deemed necessary by the Board, in compliance with State law.

• (d) Modifications.

• (1) A development standard(s) identified in an adopted specific plan may be modified only by action of the Board.

• (2) The Board may grant one or more modifications only if both of the following findings can first be made:

• (A) The modification(s) is necessary to properly implement a physically and economically viable project; and

• (B) The modification(s) would ensure compliance with the general purpose and intent of the adopted specific plan.

• (Ord. 4011, passed - -2007)

• (a) Available for Review. All adopted specific plans are available for review at the Department.

• (b) Adopted plans. The following specific plans have been adopted by the Board.

• (1) Agua Mansa Industrial Corridor Specific Plan.

• (2) Bloomington Business Park Specific Plan.

• (3) Glen Helen Specific Plan.

• (4) Kaiser Commerce Center Specific Plan.

• (5) Hacienda at Fairview Valley Specific Plan.

• (6) Speedway Commerce Center II Specific Plan.

• (7) Valley Corridor Specific Plan.

• (Ord. 4011, passed - -2007; Am. Ord. 4229, passed - -2014; Am. Ord. 4319, passed - -2017; Am. Ord. 4448, passed -

• -2022; Am. Ord. 2050, passed - -2022)