Chapter 17.60 — GENERAL PLAN AND SPECIFIC PLANS

Prior History: Former Ch. 17.60 R-4 Planned Residential Zone, compiled of RCC Ch. 17.60 ; Ord. 18 § 2, 2008; Ord. 87 §§ 16, 17, 2014; Ord. 99 § 3, 2015; Ord. 189 § 13, 2020; repealed by Ord. 247, 1/15/2025.

• A. The City of Wildomar General Plan, or any part or element thereof, and any amendment to the Plan or any part or element thereof, shall be adopted in accordance with the provisions of

Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this chapter. No mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. There are no restrictions on the number of amendments made to optional elements or Specific Plans during any calendar year. Subject to that limitation, an amendment may be adopted at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.

• B. General Plan Initiation Process (GPIP). Prior to any formal application request to initiate an amendment to the General Plan by an owner of real property (or a person authorized by the owner), the planning department shall bring forward such request as part of a GPIP PreApplication Review (PAR) review. The GPIP request shall require Planning Commission review and consideration at a public meeting followed up by a recommendation to the City Council. The City Council shall then consider at a public meeting the Planning Commission's recommendation on such General Plan amendment, and provide necessary feed back to an applicant, including any applicable planning department feedback. Upon conclusion of the process, the City Council shall adopt an order by the affirmative vote of not less than a majority of the entire membership of the Council initiating proceedings for a General Plan amendment. The initiation of proceedings by the City Council for the amendment of the General Plan, or any part or element thereof, however, shall not imply any such formal General Plan amendment will be approved.

• C. General Plan Consistency. No discretionary permit shall be approved pursuant to this Title unless it is determined that the permit is consistent with the General Plan.

• (Ord. 247, 1/15/2025)

• A. Applicability. This section shall govern the processing of any General Plan Amendment by an owner of real property (or a person authorized by the owner),

• B. Initiation of Amendment Proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the Council. The adoption of an order by the Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

• C. Recommendations for the Initiation of Amendment Proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the City Clerk for placement on the agenda of the Council as a matter not requiring a public hearing. Whenever the Community Development Director prepares such a recommendation, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

• D. Private Applications for the Initiation of Amendment Proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the City Clerk for placement on the Council agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the City Clerk, the comments of the

Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

• E. Amendment Proceedings and Hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Chapter 17.130 (Amendments to Projects). If the Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director. Hearings and the final decision on any amendment pursuant to this section may occur after the calendar year during which proceedings for the amendment were initiated.

• (Ord. 247, 1/15/2025)

A Planning Commission resolution recommending approval to the City Council of a General Plan Amendment shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justify modifying the General Plan, that the modifications are in the public interest (Government Code Section 65358(a) ), do not conflict with the overall City of Wildomar vision, and that it would not create an internal inconsistency among the elements of the General Plan. The foregoing requirement for findings shall not apply to any amendment to the City of Wildomar vision. (Ord. 247, 1/15/2025)

Specific plans, and amendments thereto, shall be heard and adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as now written or hereafter amended, and in accordance with Chapter 17.65 (Planned Residential Developments) of this Title. (Ord. 247, 1/15/2025)

• A. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved.

• B. Applications shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in Chapter 3.44 (Fees). The application shall supply all required information and shall include the following:

  1. Wherever a proposed specific plan is for a project subject to the Alquist-Priolo Earthquake Fault Zoning Act, Public Resources Code Section 2621 et seq., a geologic report shall be submitted as required by Chapter 15.76 (Earthquake Fault Area Construction Regulations);

  2. Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in Chapter 3.44 (Fees).

• C. A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

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

  2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Plan;

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

  4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1) through (C)(3) of this section.

• D. A specific plan shall include a statement of the relationship of the specific plan to the General Plan.

• (Ord. 247, 1/15/2025)

Proposals to adopt or amend the City of Wildomar General Plan, any part or element thereof, and any specific plan, shall be heard in the following manner:

• A. The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 17.125.080 (Public Hearing Procedure) of this Title.

• B. After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal.

• C. Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the City Clerk shall set the matter for public hearing before the City Council at the earliest scheduled meeting date and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

• D. After closing the public hearing, the City Council shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendation not previously considered by the Commission shall first be remanded back to the Commission for its consideration and recommendation. The Planning Commission shall hold a public meeting thereon, and report its decision back to the City Council within 60 days.

• E. A proposal to adopt or amend any part or element of the General Plan shall not be approved by the City Council until all procedures required by CEQA and the City's CEQA Guidelines have been completed.

• (Ord. 247, 1/15/2025)

§ 17.60.070. Reports on conformity with the General Plan.

• A. The Planning Department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the City of Wildomar General Plan.

• B. Whenever any City department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of state law, application shall be made to the Community Development Director on forms provided by the Planning Department and shall supply all requested information, including the following:

1. The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies;

   2. The legal basis for the project on an estimated time schedule for development or action to be taken;

   3. The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses;

   4. The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal;

   5. Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the General Plan and any specific plan in effect in the area.

• C. Within 40 days after receipt of a completed application, the Community Development Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.

• D. Within 10 days after the date of mailing or delivery of the report of the Community Development Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Chapter 3.44 (Fees), the Community Development Director shall set the matter for hearing before the Planning Commission, not less than five nor more than 35 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within 30 days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

• E. The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:

  1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

  2. Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.

• F. The provisions of subdivision (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature.

• (Ord. 247, 1/15/2025)