San Jose Municipal Code Part 1 Specific Plans

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.

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 resolution 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 preparation 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.)