Chapter 15

SPECIFIC PLAN DISTRICT

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The purpose and intent of these regulations is to further implement and define the goals and objectives of the General Plan. These planning tools are utilized to develop more detailed regulations and guidelines for the development of the areas to which they apply. These plans, which are discussed within this Chapter, are to be used for the regulation of land use and development as provided for within each document. It is intended that those plans will provide the basis for the development and use of those specific areas with this development code acting as a supplement. This code will act as a supplement for those areas and issues not covered by the Specific Plan regulations. Generally, this would occur in the areas of administration, review procedures, environmental review, and parking regulations.

1. Purpose. The specific plan district is included in the zoning regulations to achieve the following purposes:

   • a. To promote and protect the public health, safety and welfare;

   • b. To implement the objectives and policies of the General Plan;

   • c. To safeguard and enhance environmental amenities and the quality of development;

   • d. To attain the physical, social and economic advantages resulting from comprehensive and orderly planned use of land resources;

   • e. To lessen congestion and assure convenience of access; to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight, and open space; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population; to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services;

f. To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and encouraging more creative and imaginative designs for major urban development projects subject to large-scale planning:

• g. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban amenities, and preservation of open space; and

• h. To provide a process for initiation, review, and regulation of large-scale comprehensively planned urban communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans

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coordinated with the provision of necessary public services and facilities.

2. General Requirements.

   • a. A specific plan district shall include a minimum area of forty (40) gross acres under single ownership or otherwise subject to unified planning, construction and development by a person, corporation or other entity; property owned by public utilities, local districts or local governments will not be counted toward the 40 acre minimum, but may be used as a connector of single ownership or unified planning.

   • b. A Specific Plan district shall be established upon application of a property owner, in accordance with the procedure set forth in Section 17.20.40 and subject to the following provisions:

     • (1) Submission of a development plan for consideration by the Planning Commission and approval of the City Council, pursuant to this Chapter;

     • (2) Determination by the Council that the establishment of the district and approval of the Development Plan shall:

       • (a) Provide for the development of a comprehensively planned urban community within the District that is superior to development otherwise allowable under alternate regulations,

• (b) Provide for development within the district in a manner consistent with the General Plan and with related development policies of the City, and

     - (c) Provide for the construction, improvement or extension of transportation facilities, public utilities, and public services required by development with the district. 
  

  • c. The adopted development plan shall constitute zoning for the area contained within the development plan. Regulations within the development plan are intended to supplement or replace the provisions of the Shafter Municipal Code as they might apply to lands subject to the development plan area. Subjects not addressed in the development plan shall conform to the relevant provisions of the Shafter Municipal Code. In the event the provisions of the development plan differ from the City’s Municipal Code or other City development regulations or guidelines, the provisions of the development plan shall take precedence, provided such provisions are consistent with the Shafter General Plan.

3. Use Regulations.

   • a. Allowable uses in each Specific Plan district shall be as established by a Development Plan text approved by the City Council. The

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Development Plan text may incorporate uses by reference to specific base district provisions or may establish specific use lists with definitions pertaining thereto.

• b. Existing uses within the Specific Plan district at the time of its establishment shall be deemed allowable and incorporated in the Development Plan unless terminated, discontinued or changed pursuant to a specific time schedule incorporated in the Development Plan text.

• c. Unless otherwise provided by the Development Plan text, public utility facilities and publicly owned facilities shall be allowable subject to a conditional use permit.

• d. Unless otherwise provided by the Development Plan text, accessory uses or facilities shall be subject to the same use regulation provisions as the principal use or facility.

• e. Unless specified as subject to a Conditional Use Permit, each allowable use in the Specific Plan district shall be subject to development review by the City.

• f. Home occupations shall be allowable in each planned community.

4. Site Development Regulations and Performance Standards.

   • a. Development within a Specific Plan district shall be consistent with the provisions of the General Plan, including, but not limited to permitted land uses, community character, development density/intensity, parkland provision, and other relevant provisions of the General Plan.

   • b. Specific Plan districts and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the district. Site planning on the perimeter shall provide for the mutual protection of the district and surrounding property from potential adverse influences.

   • c. There shall be no minimum area, width, or depth requirement for individual lots except as established by the Development Plan.

• d. There shall be no minimum setback requirement for individual lots except as established by the Development Plan.

  • e. There shall be no minimum usable open space requirement for individual lots except as established by the Development Plan.

  • f. There shall be no maximum height or coverage requirement for individual lots except as established by the Development Plan.

  • g. The maximum number of dwelling units within a Specific Plan district shall not exceed the number of units indicated by the General Plan for property within the district, provided that the distribution of units within

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the district and the maximum or minimum residential density on any individual site or within designated portions of the district shall be governed by the Development Plan.

• h. The maximum square footage of commercial and industrial uses within a Specific Plan district shall not exceed the maximum square footage indicated by the General Plan for property within the district, provided that the distribution of commercial and industrial development within the district and the maximum or minimum development intensity on any individual site or within designated portions of the district shall be governed by the Development Plan.

• i. All public streets within or abutting the development shall be dedicated and improved to City specifications for that particular classification of street. Private streets within the development shall be permanently reserved and maintained for their intended purpose by means acceptable to and enforceable by the City. Consideration of other forms of access, such as pedestrian ways, courts, plazas, driveways, horse trails, bike trails, or open parking lots offered for dedication, may be made at the time of the Development Plan and text consideration as a means of meeting requirements for open space or park dedication requirements.

• j. All uses with a Specific Plan district shall provide off-street parking and loading facilities pursuant to Title 17 of the Municipal Code.

• k. There shall be a proposed means for assuring continuing existence, maintenance, and operation of the various common elements and facilities proposed by the Development Plan.

• l. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a Specific Plan district may be established by the Development Plan.

5. Pre-Application Procedure.

   • a. Prior to submitting an application for a Specific Plan district, the applicant or prospective developer should hold preliminary consultations with the City to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys and other data. Such preliminary consultations should be relative to a conceptual development plan which includes, but is not limited to, the following:

     • (1) Proposed land uses to be developed within the district;

     • (2) Development concepts to be employed;

• (3) Schematic maps, illustrative material, and narrative sufficient to describe the general relationships between land uses and the intended design character and scale of principal features;

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  - (4) If available, a preliminary time schedule for development including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate phasing of development and potential impact on public service requirements. 

• b. Following initial preliminary consultation to this section, the City may require presentation of the conceptual development plan to the Planning Commission. Such presentation shall be for information purposes only, and shall be in addition to subsequent public review requirements pursuant to an application for a planned community district and submission of development plan.

6. Development Plan. The Development Plan to be submitted with an application for a Specific Plan district shall include the following:

   • a. A boundary survey map of the property and a calculation of the gross land area within the proposed district. A tentative subdivision or parcel map may be substituted concurrently if the applicant proposes to subdivide the property;

   • b. Maps and supporting tabulations showing the current General Plan land use designation, the current district classification, and the current land use within the proposed district and on adjacent sites within three hundred (300) feet. The location of structures and other significant improvements shall be shown;

   • c. A land use plan identifying areas within the proposed district and uses to be developed therein, supported by proposed or projected acreage, population, housing units, employment, non-residential building square footage, and such related planning and development data as the City may require;

   • d. A development plan indicating the general phasing or anticipated schedule indicating areas to be developed in phases and the anticipated time schedule for beginning of construction and for completion of each phase of development including a pro rata share of amenities, parks, and open space. This is a generalized schedule and may be adjusted according to market constraints as the community develops;

   • e. A circulation plan showing existing and proposed public and private streets, pedestrian ways, trails, and related transportation access or circulation features required to serve the proposed development. The circulation plan shall be supported by schematic designs of principal traffic and circulation improvements and such traffic engineering data as required by the City to demonstrate that existing and proposed facilities, both within and outside the zone, shall be adequate to serve land uses proposed by the Development Plan;

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• f. A preliminary report and overall plan describing anticipated requirements and proposed means of providing utility facilities and public services, including but not limited to, storm drainage, sewage disposal, water supply, parks and recreation, and school facilities;

  • g. An accompanying Development Plan text setting forth the basic land use and zoning regulations, site development regulations, and performance standards designed to govern each use area identified by the land use plan. The text shall be as comprehensive as necessary to establish basic provisions and regulations which shall govern subsequent approval of specific developments within the district. The text shall include, but not be limited to, the following provisions.

    • (1) A listing of allowable uses within each use area including such qualifying descriptions or definitions and requirements for Conditional Use Permits as may be applicable,

    • (2) Maximum and minimum regulations, as appropriate, governing residential density and non-residential development intensity, site coverage, lot size and dimensions, building heights, building and parking setbacks, usable open space, landscaping and performance standards,

    • (3) Required yards, landscaping, or other site development regulations to be applicable adjacent to other districts at the perimeter of the Specific Plan district/planned community,

    • (4) Signage requirements, if standards other that those within the Municipal Code are proposed,

    • (5) Supplemental illustrations and text, as required, establishing the basic community character and design qualities to be attained throughout the Specific Plan district and within particular portions of the district;

  • h. Guidelines for site development, architecture, landscaping, lighting, provision of buffer areas, community walls and fencing, and provision of other community amenities; and

  • i. Such other information as may be required by the City to permit complete analysis and appraisal of the development and to facilitate adoption of the Specific Plan district and the Development Plan by the City Council.

7. Adoption of District and Development Plan.

   • a. An application for a Specific Plan district and the Development Plan submitted with the application shall be subject to review and approval in the same manner as prescribed in Section 17.20.40 of the Municipal Code.

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• b. Each Specific Plan district established shall be indicated on the Shafter zoning map by the letters “SP” followed by a reference number identifying each separate district. The Development Plan, as modified and approved by the City Council, shall be considered to be a part of this Chapter, and shall be identified by reference to the corresponding designation of each Specific Plan district on the district map.

8. Amendments to Development Plan.

• a. A Development Plan text and map may be amended in the same manner as provided by Section 17.20.40 of the Municipal Code for a change of zoning boundaries or for a change in the regulations applicable with a district. Amendment of a Development Plan text and map shall be subject to the same findings as prescribed for initial enactment of a Specific Plan district and adoption of the Development Plan applicable to the Specific Plan district.

  • b. An amendment to a Development Plan text and map may be initiated by the City Planning Commission or the Council, or may be initiated by the original applicant for the Specific Plan district or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone.

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