Chapter 18.20

SPECIFIC PLANS

Parts:

1 Specific Plans 2 Specific Plan Benefit Assessments

Part 1

SPECIFIC PLANS

Sections:

18.20.020 Specific plan area.

18.20.030 Elements of the specific plan.

• 18.20.040 Plan initiation.

18.20.050 Planning commission hearing.

18.20.060 City council hearing.

• 18.20.070 Relationship to the general plan. 18.20.080 Implementation.

• 18.20.090 Fees - Preparation of plan.

18.20.100 Amendment of plan.

A "specific plan" is a detailed plan which sets forth a program for development of a "specific plan area."

(Ord. 24187.)

• A. Upon initiation of the specific planning process pursuant to Section 18.20.040, the city council shall establish the boundaries of the specific plan area. These boundaries may be modified from time to time during the planning process and shall not become final until final adoption of the specific plan pursuant to Section 18.20.060.

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§ 18.20.020

• B. The specific plan area should conform to the following criteria:

  1. The area represents a substantial development potential.

  2. The city seeks to encourage such development.

  3. There are existing obstacles to development which make it infeasible for individual properties to proceed with uncoordinated development.

  4. The area consists of at least fifty net acres of development potential.

  5. The area consists of multiple parcels under different ownership.

• (Ord. 24187.)

The specific plan may include a text and a diagram or diagrams which specify:

1. The distribution, location and extent of the uses of land within the area covered by the plan.

2. Open space designation.

3. The location and the extent of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, fire stations, schools and any other facilities to serve the specific plan area.

4. Design standards for the specific plan area.

5. A financing plan for the specific plan.

6. An implementation strategy for the specific plan.

7. Standards and criteria for conservation, development and utilization of natural resources.

• (Ord. 24187.)

• A. The city council may initiate preparation of a specific plan, for any area of the city and/or any land within its sphere of influence, whenever the council deems it necessary for the public interest to do so.

• B. A specific plan shall be initiated by adoption of a resolution setting forth the council's intention to prepare a specific plan and establishing the boundaries of the specific plan area pursuant to Section 18.20.020.

• (Ord. 24187.)

• A. Prior to consideration of any specific plan or amendment thereto by the city council, the planning commission shall hold a public hearing.

• B. Notice of the time and place of the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date set for public hearing. Written notice of the time and place of the hearing shall also be given to all property owners within the specific plan area at least ten days before the date set for public hearing.

• C. The public hearing shall be concluded no later than sixty days from the date that the public hearing is opened by the commission.

• D. Failure of the commission to hold the hearing or make a report shall be deemed to be a negative recommendation and shall not deprive the council of authority to adopt the plan or proposed amendments.

• (Ord. 24187.)

• A. After receipt of the report from the planning commission or after failure of the commission to report to the city council within the period of time as specified by Section 18.20.050, and prior to adopting any specific plan or any amendment thereto, the council shall hold at least one public hearing.

• B. Notice of the time and place of the hearing shall be published once in a newspaper of general circulation in the city at least ten days before the date set for hearing.

• C. During the proceedings, the council may make any changes to the plan deemed appropriate. After such hearing, the council may by resolu-

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§ 18.20.100

tion adopt such specific plan or any amendment thereto as the council may deem appropriate.

• D. The Evergreen Specific Plan and Communications Hill Specific Plan have been adopted by the council through general plan amendments and policy documents after extensive public hearings. These documents shall be for all purposes treated as creating specific plans pursuant to this chapter.

• (Ord. 24187.)

• A. A specific plan may be adopted which is not consistent with the general plan so long as an amendment to the general plan, consistent with the specific plan, is pending. Until the city council adopts the general plan amendment, the specific plan has no force or effect.

• B. The specific plan, as well as any of its policies, may be designated in the general plan as a "planned residential community" or "planned community."

• (Ord. 24187.)

Tentative subdivision or parcel maps, zoning ordinances and/or discretionary permits should be consistent with the specific plan. (Ord. 24187.)

• A. Any property owner(s) in the specific plan area who elects to participate in the specific plan planning process shall enter into a funding agreement with the city and other participating property owners to advance a share of the costs of the plan preparation and environmental review.

• B. Any person seeking approval for the development of any nonparticipating property which is required to be consistent with the specific plan shall pay, in addition to all other application fees, a fee to defray the costs for prepara-

tion of the specific plan and environmental review. The preparation fee shall be based and charged on a per acre rate.

• C. The term "development" for purposes of subsection B. above shall be specifically defined in each specific plan. The definition of "development" for the specific plan adopted in accordance with Section 18.20.060.D. shall be set forth by resolution prior to January 1, 1993.

• D. The fees paid pursuant to subsection B. shall be placed in a separate interest bearing account which shall be used to reimburse the city for its expenses and thereafter to reimburse property owners eligible pursuant to subsection A. in accordance with the terms of the participation agreement. The director of finance is authorized to make such reimbursement.

• (Ord. 24187.)

• A. An amendment to a specific plan may change, modify or delete any portion of the text or land use designations of a specific plan. Any amendment to a specific plan shall be made in accordance with the procedures set forth in Sections 18.20.050 and 18.20.060.

• B. The city council on its own motion may initiate an amendment to a specific plan.

• C. Any person may apply for an amendment to a specific plan.

• D. A filing fee as set forth in the schedule of fees established by resolution of the council shall be paid by any applicant for processing and conducting proceedings pursuant to the provisions of this section to amend the text or diagrams of the specific plan.

• E. The filing fee shall be paid to the city at the time such request or requests are submitted to the city planning department for processing.

• (Ord. 24187.)

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§ 18.20.110

Part 2

SPECIFIC PLAN BENEFIT ASSESSMENTS

Sections:

• 18.20.110 Areas of benefit authorized.

• 18.20.120 Definitions.

• 18.20.130 Initiation of proceedings.

• 18.20.140 Resolution of intention.

• 18.20.150 Notice of hearing.

• 18.20.160 Protests.

• 18.20.170 Hearing.

• 18.20.180 Resolution of designation.

• 18.20.190 Assessment as lien.

• 18.20.200 Respreading the lien.

• 18.20.210 Benefit assessment fund.

• 18.20.220 Periodic adjustment.

• 18.20.230 Construction in lieu of assessment.

• 18.20.240 Termination of area of benefit.

• 18.20.250 Reimbursement, credit and refund.

• 18.20.260 Alternative method.

In order that the burdens of the cost of constructing public facilities may be borne by all of the lands benefitted thereby, areas of benefit may be designated and facilities benefits assessments chargeable to and against such lands may be imposed in accordance with procedures set forth in this part. (Ord. 24187.)

Unless the context requires otherwise, the definitions set forth in this section apply to the following terms as used in this part:

1. "Advance" means amounts expended by the city or other governmental entity toward the cost of a public facilities project within or for the benefit of an area of benefit and for which the city shall be reimbursed from facilities benefit assessments;

2. "Areas of benefit" means lands which are designated as receiving special benefits from the construction, acquisition and improvement of public facilities project(s) as established by a resolution of designation adopted by the city council pursuant to this part;

3. "Infrastructure facilities program" means a plan for the implementation and financing of public facilities projects including, but not limited to, a sequence/priority of construction, the estimated cost of construction and the payment of facilities benefit assessments;

4. "Construction" means design, acquisition of property, administration of construction contracts, actual construction and incidental costs related thereto;

5. "Contribution" means amounts expended by the city or other governmental entity toward the cost of a public facilities project which will not be reimbursed from facilities benefit assessments;

6. "Costs" means amounts spent or authorized to be spent in connection with the planning, financing, acquisition and development of a public facilities project including, without limitation, acquisition of property, construction, engineering, administration, and legal and financial consulting fees;

7. "Development" means the division of land, grading or original construction of an improvement to real property, which division of land, grading or construction is of the type normally associated with urban development;

8. "Facilities benefit assessment(s)" means the amounts collected under the terms of this part to provide funds for public facilities project(s) which will benefit designated areas of benefit; and

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§ 18.20.140

9. "Public facilities project" means any and all public improvements the need for which is directly or indirectly generated by development.

• (Ord. 24187.)

  7. The amount of the contribution or advance, if any, which the city or other public entity will make toward the total cost of the public facilities project(s).

• (Ord. 24187.)

• A. The city council may initiate proceedings for the designation of an area of benefit by adopting a resolution stating its intention to do so and directing the director of public works to prepare the report described in subsection B. The area of benefit may be geographically larger than the specific plan area.

• B. Upon direction from the city council, the director of public works shall prepare a report which contains the following:

  1. An implementation or phasing program for future development and/or a financing plan with respect to the proposed public facilities project;

  2. A general description of the proposed public facilities project;

  3. An estimate of the total cost of the public facilities project(s) based on the projected sequence and priority for construction as set forth in the infrastructure facilities program;

  4. An infrastructure facilities program establishing priorities for the timing of construction of the public facilities project and the estimated costs therefor;

  5. A diagram showing the area of benefit and the subdivision of land within it;

  6. Preliminary information concerning the method pursuant to which the costs are proposed to be apportioned among the parcels within the area of benefit in proportion to the estimated benefits to be received by those parcels and a preliminary estimate of the amount of the facilities benefit assessments which will be charged to each such parcel; and

• A. Upon receipt of the report described in Section 18.20.130, the city council may declare its intention to designate an area of benefit by adopting a resolution of intention which shall include the following:

  1. A definitive description of the specific public facilities project, the cost of which is proposed to be charged to the properties located within the area of benefit;

  2. An infrastructure facilities program with respect to the public facilities project(s);

  3. The proposed boundaries of the area of benefit;

  4. Information concerning the method by which the costs are proposed to be apportioned among the parcels within the area of benefit and an estimate of the amount of the facilities benefit assessments which will be charged to each such parcel;

  5. The basis and methodology by which automatic annual changes in the facilities benefit assessment will be computed, assessed and levied, without the necessity for further proceeding pursuant to Section 18.20.210 if, in the discretion of the city council, such automatic annual changes are determined to be necessary;

  6. The amount of the contribution or advance, if any, which the city or other public entity will make toward the total cost; and

  7. The time and place at which the city council will hold a hearing to consider designation of the area of benefit.

• B. The city council may require that funding for preparation of the director's report be provided by the property owners within the specific plan area.

• (Ord. 24187.)

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§ 18.20.150

Notice of hearing shall be provided by publication in a newspaper of general circulation at least two weeks before the date set for the hearing and by mailing copies of the notice to the owners of the properties located within the proposed area of benefit at the addresses shown on the last equalized assessment roll, or by any other means which the city council finds reasonably calculated to apprise affected landowners of the hearing. (Ord. 24187.)

• A. At any time before the close of the public hearing, any owner of property within the proposed area of benefit may file a written protest against any or all of the following:

  1. The proposed public facilities project;

  2. The extent of the area to be benefitted by the public facilities project(s);

  3. The proposed facilities benefit assessments within the area of benefit.

• B. All protests must be in writing, signed by the protester, and must contain a description of the property in which the signer is interested. The description must be sufficient to clearly identify the property. If the signer is not shown on the last equalized assessment roll as the owner of that property, the protest must contain or be accompanied by written evidence that the signer is the owner of the property.

• C. All protests shall be delivered to the city clerk. No other protests or objections shall be considered.

• D. Any protest may be withdrawn in writing by the owner at any time prior to the conclusion of the public hearing.

• (Ord. 24187.)

• A. At the time and place established in the resolution of intention, the city council shall hear and consider protests filed against the proposed public facilities project, the extent of the area of benefit, the amount of the facilities

benefit assessments proposed to be levied within the area of benefit, or any or all of the foregoing. The hearing may be continued from time to time.

• B. If the owners of more than one-half of the area of the property proposed to be included within the area of benefit file protests, and sufficient protests are not withdrawn so as to reduce the area represented to less than onehalf, the proposed proceedings shall be abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the city council.

• C. The city council shall not overrule a majority protest unless it finds that the public health, safety or general welfare require that provision be made for the installation of the proposed public facilities project(s).

• D. The city council may deny the public facilities project(s) and establishment of the area of benefit without first approving or overriding the majority protest.

• E. In the event a majority protest is not withdrawn or overruled, the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same public facilities project under the provisions of this part.

• F. If any majority protest which is not withdrawn or overruled is directed against only a portion of the public facilities project, then all further proceedings under the provisions of this part to construct that portion of the public facilities project so protested against shall be barred for a period of one year; but the city council shall not be barred from commencing new proceedings, not including any part of the public facilities project so protested against.

• G. Nothing in this section shall prohibit the city council within a one-year period from commencing and carrying on new proceedings for the construction of a portion of the public facilities project so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-

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§ 18.20.190

half of the area of the property to be benefitted are in favor of going forward with such portion of the public facilities project. (Ord. 24187.)

• A. At the conclusion of the hearing, and provided there is no majority protest or a majority protest is overruled, the city council may adopt a resolution of designation ordering designation of the area of benefit and the establishment of the amount of the facilities benefit assessment against each parcel within the area of benefit.

• B. The resolution shall include the following:

  1. A definitive description of the public facilities project(s), the cost of which is to be charged to the properties located within the area of benefit;

  2. An infrastructure facilities program with respect to the public facilities project;

  3. The boundaries of the area of benefit;

  4. The method by which the costs are to be apportioned among the parcels within the area of benefit and the amount of the facilities benefit assessments which will be charged to each such parcel;

  5. The basis and methodology by which automatic annual changes in the facilities benefit assessment will be computed, assessed and levied, without the necessity for further proceeding pursuant to Section 18.20.210 if, in the discretion of the city council, such automatic annual changes are determined to be necessary; and

  6. The amount of the contribution or advance, if any, which the city or other public entity will make toward the total cost.

• (Ord. 24187.)

• A. After the adoption by the city council of a resolution of designation, the director of pub-

lic works shall prepare a map of the boundaries of the area of benefit based on said resolution and file same with the city clerk. The map shall be labeled substantially as follows: Name or number of area of benefit, area of benefit, City of San José, Santa Clara county, state of California. The map shall also contain legends reading substantially as follows:

1. Filed in the office of the city clerk this _________ day of _________, (year).

City Clerk, City of San José

2. Facilities benefit assessments were levied by the city council on lots, pieces and parcels of land shown on this diagram. Said assessments were levied on _________, (year), the diagram and the assessment roll were filed in the office of the city clerk of said city on _________, (year). Reference is made to the assessment roll filed in the office of the city clerk for the exact amount of each facilities benefit assessment levied against each parcel of land shown on this diagram.

City Clerk, City of San José

3. Filed on _________, (year), o'clock _________ M. in Book _________ of Maps of Assessment Districts and Community Facilities Districts in the Office of the County Recorder of the County of Santa Clara, State of California.

County Recorder of County of Santa Clara

The city clerk shall file a copy of the diagram referred to in this subparagraph in the office of the county recorder of the County of Santa Clara.

B. After filing the assessment and diagram in the city clerk's office, the city clerk shall execute and record a notice of assessment in the office of the county recorder of Santa Clara. Such notice of assessment shall be in substantially the following form:

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§ 18.20.190

NOTICE OF ASSESSMENT

Pursuant to the requirements of Municipal Code Section _________ of the City Council of the City of San José, the City Clerk of the City of San José, State of California, hereby gives notice that a diagram and assessment were filed in the City Clerk's Office relating to the following described property:

(The real property in the area of benefit may be described by:(a) stating its exterior boundaries; (b) giving its description according to any official or recorded map or (c) referring to the diagram filed in accordance with paragraph (a) of this section and the book and page number in the office of the County Recorder of the filed plat or map.)

Notice is further given that upon the recording of this notice in the office of the County Recorder, the several facilities benefit assessments assessed on the lots, pieces and parcels shown on the filed diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the diagram and assessment roll filed in the office of the City Clerk.

Dated:_________

City Clerk, City of San José

• C. From the date of the recording of the notice of assessment in accordance with the provision of subsection B. above, all persons shall be deemed to have notice of the contents of such assessments. Immediately upon recordation in the office of the county recorder, each of the assessments shall be a lien upon the property against which it is made.

• (Ord. 24187.)

• A. Whenever a landowner files a tentative map or parcel map in accordance with Title 19 to subdivide property subject to an unpaid assessment, the landowner shall, at the same time, file a request to respread the assessment between the parcels proposed to be created in accordance with the methodology used in apportioning costs of improvement within the area of benefit.

• B. Every request to respread the assessment shall be accompanied by fees set forth by resolution of the city council.

• (Ord. 24187.)

• A. After the adoption by the city council of its resolution of designation, no final or parcel map shall be approved and no building permits shall be issued for development on any land included within the area of benefit unless and until the facilities benefit assessments established by the resolution of designation for such lands have been paid or the landowner has entered into an agreement that the lien will be due and payable immediately upon a determination by the city council that the benefit assessments payments are required in order to allow infrastructure construction to proceed in a timely manner or, if no such determination is made, upon transfer of ownership of the parcel.

• B. Money received by the city as payment of the facilities benefit assessments shall be deposited in a special fund established for the area of benefit and shall thereafter be expended solely for the purposes for which it was assessed and levied. All interest earned on monies in said fund shall remain part of the fund.

• C. Upon payment of the facilities benefit assessments as provided in this part, the lien which attaches pursuant to Section 18.20.170 shall be discharged.

• (Ord. 24187.)

The city council may periodically, after the adoption of the resolution of designation and subject to the requirements set forth in Sections 18.20.130 through 18.20.180, cause an adjustment to be made in the facilities benefit assessments established by the resolution. The adjustments may reflect increases or decreases in the actual cost of the public facilities project or, if the public facilities project has not yet been constructed, then the esti-

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§ 18.20.250

mated cost of the proposed capital improvements as reflected in changes in the scope of the public facilities project or any other indices as the city council may deem appropriate for this purpose. The modifications may also reflect changes in the improvements proposed to be constructed as well as the availability or lack thereof of other funds with which to construct the capital improvements. (Ord. 24187.)

• A. Notwithstanding the provisions of Section 18.20.200, upon application by the landowner or his or her authorized agents, the city council may accept construction in lieu of the facilities benefit assessments required pursuant to this part, provided the city council finds that the construction proposed:

  1. Has a value equal to or greater than such facilities benefit assessments as determined by the city council. The city council may request a report from the director of public works to assist in determining the value of the construction; and

  2. Is built to standards acceptable to the city council; and

  3. Is within the scope of the public facilities project.

• B. The city council may accept construction in lieu of the facilities benefit assessments required pursuant to this part where the city council finds that the construction proposed is less than the value of such facilities benefit assessment after payment of an amount equal to the difference between the value of the construction as determined by the city council and the amount of such facilities benefit assessments.

• (Ord. 24187.)

• A. Upon receipt of an application by a majority of landowner(s) or their designated agents, or on its own motion, the city council may initiate proceedings for the termination of an area

of benefit by adopting a resolution stating its intention. The resolution of intention shall state the time and place at which the city council will hold a hearing to consider such termination.

• B. If, at the conclusion of such hearing, the city council finds and determines that the public facilities project for which the area was originally formed will not be required in the reasonably foreseeable future, or that the installation of said public facilities project may be financed more effectively by another method, the city council may adopt a resolution declaring the area of benefit terminated.

• (Ord. 24187.)

• A. In the event the city council agrees to accept construction in lieu of facilities benefit assessments as provided by Section 18.20.230 the value of which the city council finds is greater than the amount of the otherwise applicable facilities benefit assessments, the council may enter into an agreement with a developer pursuant to which said developer may be credited or reimbursed for the amount of the otherwise applicable facilities benefit assessments. The determination to treat the in lieu construction as a credit shall be at the sole discretion of the city council. Unless a credit has been authorized, the agreement shall set forth the amount to be reimbursed, and the time and manner in which payments shall be made only from revenues paid into the special fund created for the area of benefit. If no funds are available to reimburse the developer, the developer shall be placed on a prioritized list for reimbursement.

• B. Upon termination of an area of benefit as provided in Section 18.20.240, any money remaining in the special fund established in connection therewith shall be expended for the general benefit of the area of benefit.

• (Ord. 24187.)

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§ 18.20.260

This Part 2 is intended to establish an alternative method for the spreading of the costs of certain public improvements against the lands which will be benefitted thereby; and the provisions of this part shall not be construed to limit the power of the city council to utilize any other method for accomplishing this purpose but shall be in addition to any other requirements which the city council is authorized to impose as a condition to approving new development.

(Ord. 24187.)