Chapter 19.68 — SPECIFIC PLANS

This chapter provides procedures for the review of applications for specific plan approval or amendment.

Specific plans are recognized as planning tools that facilitate the logical, coordinated planning of a large area for a variety of land uses and types of development. Specific plans are established to provide maximum flexibility in the development of large properties that may benefit from unique or special land use and design

policies and standards not otherwise possible under conventional zoning controls, and to establish uniform procedures for the adoption and implementation of specific plans. The specific plan is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Government Code Section 65450 et seq. ).

(Ord. 01-594 § 2, 2001; Ord. 10-842 § 5, 2010)

A specific plan may be initiated in the following manner:

• A. City. By a Resolution of Intention adopted by the Council; or

• B. Property Owner. By an application in compliance with Section 19.40.030(A) (Eligibility for filing). If initiated by property owners, the following shall occur before the filing of an application:

  1. Pre-Submittal Review. A pre-submittal application, fee, and conference with the Community Development Director; and

  2. Public Meetings. The applicant shall hold at least one public meeting to identify potential community impacts and concerns relating to the proposed plan. Public notice of the meeting shall be provided in compliance with Chapter 19.74 (Public Hearings and Notice), and the appropriate procedures for the meeting shall be determined by the Community Development Director.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 226, 2019; Ord. 24-16, 6/24/2024)

The initiator shall prepare a draft specific plan for review by the city that includes detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the Community Development Department and state law (Government Code Section 65451 ). The following information shall be provided:

• A. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas;

• B. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private drainage, energy, sewage, solid waste disposal, circulation, transportation, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;

• C. Land Use and Development Standards. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

• D. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

• E. Relationship to General Plan. A discussion of the relationship of the specific plan to the objectives, policies, general land uses, and programs of the General Plan;

• F. Urban Design Standards Guidelines. Standards and guidelines for proposed structures and public street features within the boundaries of the specific plan area; and

• G. Additional Information. The specific plan shall contain any additional information determined to be necessary by the Community Development Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Community Development Director to be significant.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 227, 2019; Ord. 24-16, 6/24/2024)

• A. Filing and Initial Processing. A draft specific plan proposed by a property owner shall be filed with the Community Development Department and shall be accompanied by the fee required by the city's Fee Resolution. A draft plan proposed by an applicant or prepared by the city shall then be processed in the same manner as required for General Plans by state law (Government Code Section 65350 et seq.), and as provided by this section.

• B. Community Development Department Evaluation. After the receipt of a draft specific plan, the Community Development Department shall review the draft plan to determine whether it complies with the provisions of this chapter. If the draft plan is not in compliance, it shall be returned to the applicant with a written explanation of why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Department and the Department determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing, in compliance with Section 19.40.040(A) (Review for Completeness).

• C. Environmental Review. The draft specific plan shall be subject to environmental review in compliance with the California Environmental Quality Act (CEQA), and the city's CEQA Guidelines.

• D. Public Hearings. A proposed specific plan shall be subject to public hearings before both Planning Commission and Council before its adoption, as follows:

  1. Planning Commission. The hearing shall receive public notice and be conducted in compliance with Chapter 19.74 (Public Hearings and Notice). After the hearing, the Planning Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with subsection (E) , below; and

  2. Council. Following the hearing at which the Planning Commission makes a recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 19.74 (Public Hearings and Notice). After the hearing, the Council may adopt the specific plan, may deny the plan, or may adopt the plan with changes, with appropriate findings, provided that any substantial modifications to the plan that were not considered by the Planning Commission shall be referred to the Planning Commission for its recommendation, in compliance with state law (Government Code Section 65356 ). Failure of the Planning Commission to report within 45 days after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes.

• E. Conformance with the General Plan. The Council shall adopt a specific plan only if it finds that the proposed plan is consistent with the objectives, policies, general land uses, and programs of the General Plan and other adopted goals and policies of the city.

The specific plan shall be adopted by ordinance in compliance with state law (Government Code Section 65453 ) and shall become effective on the 30th day following the date the decision is rendered by the Council.

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 228, 2019; Ord. 24-16, 6/24/2024)

• A. Development Within Specific Plan Area. After the adoption of a specific plan, a public works project, a tentative map or parcel map, and an amendment to this Zoning Ordinance may be approved or adopted within an area covered by a specific plan only if it is first found consistent with the specific plan. The Council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with state law (Government Code Section 65456 ).

• B. Amendments. An adopted specific plan shall be amended through the same procedure specified by this chapter for the adoption of a specific plan.

• C. Applicability of Specific Plan Regulations. When a specific plan is adopted for a geographic area, the specific plan's land use designations, standards, and other requirements will supersede and control any contrary provision of this title. Where an adopted specific plan is silent, development within the specific plan area will be implemented pursuant to the development standards and procedures in this title. All subdivision, public works projects, development agreements, and other development-related activity within a specific plan zone must be consistent with the adopted specific plan for that area.

• (Ord. 01-594 § 2, 2001; Ord. 10-842 § 5, 2010)

Chapter 19.69. HOUSING ACCESSIBILITY FOR THE DISABLED – REASONABLE ACCOMMODATION PERMIT

• A. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601 , et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) , and the "California Fair Employment and Housing Act" (California Government Code Section 12900 , et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(l) 12955 and (c)(1) , as any of these statutory provisions now exist or may be amended from time to time. This chapter shall be interpreted in a manner supplementary to and consistent with the Fair Housing Laws, and in all cases of conflict between this chapter and any Fair Housing law, the applicable Fair Housing Law provision shall prevail.

• B. A request for reasonable accommodation permit may be made by any person with a disability, his or her representative, or a developer or provider of housing for the disabled, when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to the disabled to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.

• C. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter. A reasonable accommodation permit may be approved only for the benefit of one or more individuals with a disability.

• D. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.

• E. Where the improvements or modifications approved through a reasonable accommodation permit would generally require a variance, a variance shall not be required.

• (Ord. 12-894 § 3, 2012)

• A. Applications for a reasonable accommodation shall be reviewed by the Community Development Director or designee, if no approval is sought other than the request for reasonable accommodation permit, and a Zone Clearance if required, as set forth in Section 19.69.030(B) . The Community Development Director may, in his or her discretion, refer applications that may have a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) to the Planning Commission at the next meeting at which the matter may be heard.

• B. Applications for a permit submitted for concurrent review with another discretionary land use or development permit application as set forth in Section 19.69.030(B) shall be reviewed by the authority reviewing the discretionary land use application. The processing procedures of the discretionary land use permit shall govern the joint processing of both the reasonable accommodation permit and the discretionary permit, provided that the reviewing authority shall review the application at the next reasonably available opportunity following completion of all standard processing requirements for discretionary land use permits required by this code, including without limitation environmental review.

• C. The Community Development Director, or designee, shall consider an application, and issue a written determination within 40 calendar days of the date of receipt of a completed application. At least 10

calendar days before issuing a written determination on the application, the Community Development Director shall mail notice to the applicant and the adjacent property owners that the city will be considering the application, advising of the legal standards for issuing an accommodation, and inviting written comments on the requested accommodation permit. Notice to adjacent property owners may be waived for applications that the Community Development Director determines based on evidence will have negligible impacts on surrounding properties.

• D. Upon a referral from the Community Development Director, the Planning Commission shall consider an application at the next reasonably available public meeting after submission of a completed application for a reasonable accommodation permit. The Planning Commission shall issue a written determination within 40 calendar days after such public meeting. Notice of a Planning Commission meeting to review and act on the application shall be made in writing, 10 calendar days prior to the meeting and mailed to the applicant and the adjacent property owners.

• E. If necessary to reach a determination on any request for a reasonable accommodation permit, the reviewing authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

n on any request for a reasonable accommodation permit, the reviewing authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

• (Ord. 12-894 § 3, 2012; Ord. 19-1058 § 229, 2019; Ord. 24-16, 6/24/2024)

• A. Notwithstanding the provisions of Section 19.40.030 , a request for a reasonable accommodation permit shall be made on a form supplied by the Community Development Department including the following information:

  1. The applicant's or representative's name, mailing address and daytime phone number;

  2. The address of the property for which the request is being made;

  3. The specific code section, regulation, procedure or policy of the city from which relief is sought;

  4. A site plan or illustrative drawing showing the proposed accommodation;

  5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the disabled individual's(s') use and enjoyment of the subject property;

  6. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;

  7. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

  8. Verification by the applicant that the property is or will be the primary residence of the person(s) for whom reasonable accommodation is requested; and

  9. Any other information required to make the findings required by Section 19.69.040 , consistent with the Fair Housing Laws.

• B. A request for a reasonable accommodation permit may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires a discretionary land use or development permit approval (for example a conditional use permit or development permit), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the request for a reasonable accommodation requires a Zone Clearance under Chapter 19.42 , then the applicant shall file the application submittal information together with the application for the Zone Clearance; however, the reasonable accommodation permit shall be approved in accordance with the procedures in this chapter before the Zone Clearance may issue.

• C. A reasonable accommodation permit does not affect or negate an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

• D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.

• E. No fee shall be required for a request for reasonable accommodation, but if the project requires another permit, then the prescribed fee shall be paid for all other permits.

• F. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.69.040 .

• (Ord. 12-894 § 3, 2012; Ord. 19-1058 § 230, 2019; Ord. 24-16, 6/24/2024)

The reasonable accommodation shall be approved, with or without conditions, if the review authority first finds, based upon all of the evidence presented, all of the following:

• A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws;

• B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws;

• C. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and

• D. The requested accommodation will not require a fundamental alteration in the nature of the City's zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law.

• (Ord. 12-894 § 3, 2012)

• A. The reviewing authority's written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the approving authority is the Community Development Director to any person having provided written comment on the application.

• B. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.

• C. In making the approval findings in Section 19.69.040 , the reviewing authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant but may reduce impacts to neighboring properties or the surrounding area.

• D. The written decision of the reviewing authority shall be final unless appealed in the manner set forth in Section 19.76.050 .

• E. While a request for reasonable accommodation permit is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

• F. Prior to the issuance of any permits relative to an approved reasonable accommodation permit, the Community Development Director may require the applicant, or property owner if different, to record a covenant in the County Recorder's Office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions established in the determination. The covenant shall be required only if the Community Development Director finds that a covenant is necessary to provide notice to future owners that reasonable accommodation has been approved.

• G. An accommodation is granted to an individual(s) and shall not run with the land unless the Community Development Director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Upon revocation of the accommodation in accordance with Section

19.80.060(F) , the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible.

(Ord. 12-894 § 3, 2012; Ord. 19-1058 § 231, 2019; Ord. 24-16, 6/24/2024)

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

(Ord. 12-894 § 3, 2012)

The city shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. (Ord. 12-894 § 3, 2012; Ord. 19-1058 § 232, 2019; Ord. 24-16, 6/24/2024)