§ 10.20

Under the California Planning and Zoning Law, the City Council is authorized to prepare, adopt and implement a specific plan for any area covered by the City of Tracy General Plan. (Gov't. Code § 65450 and following.) This includes areas within the City boundaries, the City's sphere of influence, or the General Plan planning area.

(Ord. No. 1126, § 1, 11-18-2008)

The intent and purpose of this chapter is to establish uniform procedures for the consideration, adoption and implementation of specific plans. The purpose of the specific plan process is to provide an application tool for use in implementing the City of Tracy General Plan ("General Plan") on an area-specific basis. A specific plan is intended to serve as a policy and regulatory document, including policy direction and project development concepts which are consistent with the General Plan, the zoning ordinance and development standards.

(Ord. No. 1126, § 1, 11-18-2008)

(a)

Consistency with existing plans. A specific plan shall be consistent with the General Plan. (Gov't. Code § 65454.) If there is an inconsistency between a specific plan and comparable regulations of the zoning ordinance, infrastructure master plan or development standards, the standards and regulations of the specific plan shall prevail.

Property annexed to the City within a specific plan area shall be zoned in conformance with the specific plan effective upon the effective date of annexation.

(b)

Consistency; entitlements. No building or grading permit, conditional use permit, variance, tentative map, final or parcel map, or any other land use entitlement shall be granted for any parcel covered by a specific plan unless the entitlement is consistent with the specific plan. (Government Code § 65455)

No public works project may be approved and no zoning ordinance adopted or amended unless consistent with the specific plan. (Government Code § 65455)

(Ord. No. 1126, § 1, 11-18-2008)

(a)

General. The proposal to prepare a specific plan may be initiated either by the City or by another applicant.

(b)

City-initiated specific plan. A City-initiated proposal shall be submitted to the City Council for consideration. A written staff report shall include:

(1)

A description of the proposed project;

(2)

The reasons for the use of the specific plan process;

(3)

A vicinity map, drawn to scale, showing the proposed specific plan area and areas within one mile of the property;

(4)

A description of the current use of the property, and the addresses and assessor's parcel numbers for the properties, listed from the latest assessor's roll;

(5)

The planned land use designations for the properties shown on a map;

(6)

Proposed amendments to other, existing plans or proposals to amend zoning regulations;

(7)

A statement of how the specific plan implements the general plan and any anticipated general plan amendments; and

(8)

Any additional information required by the Director of Development and Engineering Services.

If the City Council agrees with the proposal or a modification, it shall adopt a resolution of intention to adopt a specific plan and related environmental review.

(c)

Application by another party.

(1)

Complete application. A party wishing the City to adopt a specific plan shall first submit a complete application to the Development and Engineering Services Department and pay an application fee as established by the City Council under subsection 10.20.080(a). The applicant is not required to own or otherwise control a majority of the properties within the proposed specific plan area. The application shall include a City application form with accompanying diagrams and other pertinent information, including the information set forth in subsection (b) above.

(2)

Meeting with DES. Within thirty (30) days of receipt of a complete application, the Development and Engineering Services Department shall schedule a meeting with the applicant to review the application. The department may propose modifications to the specific plan boundaries and scope in order to facilitate comprehensive planning. Due to the significant role an adopted specific plan plays in the implementation of the general plan, a project applicant should seek guidance from the Development and Engineering Services Department before submitting an application for a specific plan.

(Ord. No. 1126, § 1, 11-18-2008; Ord. No. 1144, § 2, 3-16-2010)

A specific plan, or a proposed specific plan amendment as applicable, shall include text and diagrams which specify all of the following in detail, and may also address other subjects (Government Code §§ 65451 and 65452):

(a)

The distribution, location and extent of the uses of land, including open space, within the area covered by the plan;

(b)

The proposed distribution, location and extent and intensity of major components of:

(1)

Transportation (public and private);

(2)

Wastewater (conveyance, treatment and discharge);

(3)

Water (supply, treatment and transmission);

(4)

Storm drainage (collection, storage, treatment and disposal);

(5)

Public buildings and facilities (including City buildings, libraries, public safety facilities, parks and recreation); and

(6)

Other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

(c)

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

(d)

A program of implementation measures including regulations, programs and public works projects; and

(e)

Financing measures necessary to carry out the plan. (See Tracy Municipal Code subsections 10.20.060(b) (2) and (3) below.)

(Ord. No. 1126, § 1, 11-18-2008; Ord. No. 1137, § 1, 2009)

(a)

General. A specific plan shall be prepared, adopted and amended in the same manner as a general plan, except that a specific plan may be amended as often as necessary. (Government Code §§ 65453 and 65350 and following.) A specific plan amendment is not subject to the initiation procedures set forth in section 10.20.040, except at the discretion of the Director based on the size and complexity of the proposed amendment.

(b)

Findings. Before the Planning Commission recommends approval, or the City Council approves it, a specific plan (or amendment) must:

(1)

Be consistent with the general plan;

(2)

Be consistent with the City-approved infrastructure master plans or adequately show alternative infrastructure needed to support the land uses described in the specific plan; and

(3)

Contain a requirement to ensure that each property owner within the specific plan has paid or is required to pay its fair share of:

(A)

The cost of the infrastructure master plans; and

(B)

The cost of infrastructure required by the infrastructure master plans.

This subsection (b)(3) may be satisfied by an approved finance and implementation plan (FIP) and adoption of a development impact fee for each component of infrastructure, City Council approval of a Community Facilities District (CFD) under Government Code § 53311 and following, or other equally detailed plan and implementation.

(Ord. No. 1126, § 1, 11-18-2008; Ord. No. 1137, § 2, 2009)

A specific plan is subject to the California Environmental Quality Act (CEQA; Pub. Res. Code § 21000 and following. See also Gov't. Code § 65457.)

(Ord. No. 1126, § 1, 11-18-2008)

(a)

Application and processing. An applicant other than the City shall pay the application and processing fees established by City Council resolution. This includes processing fees, through a cost recovery agreement, intended to cover the costs under subsection (b).

(b)

Specific plan fee. The City Council may establish a specific plan fee for applicants seeking a land use entitlement within the area of a proposed or an already-adopted specific plan. (Government Code § 65456.) A specific plan fee shall only be established to reimburse the City for costs it incurs for preparation, adoption and administration of the specific plan (whether or not such costs are otherwise covered by a cost recovery agreement with a developer). It does not apply to a developer's own costs or its consultants' costs for a specific plan.

The purpose of the fee is to defray the cost of preparation, adoption and administration of the specific plan and to reimburse the City or other paying party for the costs of preparing the specific plan, including costs of consultants and environmental review. The fees charged shall be a prorated amount in accordance with the applicant's relative benefit derived from the specific plan. In the aggregate, the fees shall defray, but not exceed, the cost of preparation, administration and adoption of the specific plan.

(c)

Infrastructure master plan costs. Because infrastructure master plans are a critical element of a workable specific plan, an applicant for a specific plan shall pay its fair share of the cost of the infrastructure master plans. The amount of the infrastructure master plan costs shall be established through one or more infrastructure master plan processing agreements and payment is a condition of proceeding with the specific plan application after the City Council direction to proceed. (The infrastructure master plan processing agreements are distinguished from the cost of implementing the infrastructure master plans through impact fees or other measures.)

(Ord. No. 1126, § 1, 11-18-2008; Ord. No. 1137, § 2, 2009; Ord. No. 1144, § 3, 3-16-2010)

Chapter 10.24 - RIGHT TO FARM Article 1. - General Provisions