Chapter 11.63 — COMMUNITY PLANS

This Chapter establishes a process for review and approval of Community Plans. Community Plans focus on a particular region or community within the more extensive planning area encompassed by the General Plan and refine its policies and designations as they apply to such areas. Community Plans provide a process for residents to work in conjunction with the County to prepare community-based plans that guide future land use and development. Community Plans also help ensure the orderly development of Rural Communities and Rural Centers, consistent with General Plan policies and objectives.

(Ord. No. 1624)

The provisions of this Chapter apply to all proposals for the adoption or amendment of a Community Plan.

(Ord. No. 1624)

A Community Plan may be initiated by any qualified applicant identified in Section 11.53.020, Application Forms and Fees, or by a motion of the Board of Supervisors or recommendation of the Planning Commission or CDSA Director.

(Ord. No. 1624)

(a)

Pre-application review. Prior to submitting an application for a Community Plan, the applicant shall schedule a pre-application review conference with the CDSA Director to discuss the general acceptability of the project proposal, possible problems that may be encountered, and the need, if any, for interagency coordination.

(b)

Application. An applicant shall submit an application for a Community Plan on a form prescribed by the Planning Department and accompanied by the required fee. A Community Plan shall include the elements listed

in Section 11.63.050, Requirements for Community Plans, of this Chapter. The application for a Community Plan shall include:

(1)

Plan narrative. A general narrative describing the location of the plan, its total acreage, and the existing character and use of the plan area and adjoining areas; proposed uses and activities; proposed residential densities, if appropriate; and the relation of the proposed Community Plan to the General Plan.

(2)

Maps and diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the plan area and demonstrate the relationship among its constituent land uses and public facilities.

a.

Project boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, and the location of buildings, roads, parking and open areas.

b.

Site plan. A site plan indicating the proposed land uses and the total floor area or land area devoted to each; the proposed density or intensity of development; the location of proposed streets, pedestrian ways, and bike ways; and the general location of proposed lot lines, structures, buildings, parking, yards, pathways, open spaces and other public or private facilities.

(3)

Other information. The Planning Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application and for the Board of Supervisors to determine if the project meets the required findings for approval.

(c)

Coordination with other applications. The Planning Director may allow any necessary applications for Community Plans to be processed concurrently with any other permit required by this Code.

(Ord. No. 1624)

(a)

Minimum area. The minimum plan area for a Community Plan shall be five acres. However, a Community Plan for a smaller area may be considered and approved if consistent with the purposes of this Chapter and the General Plan. The plan area may consist of a single parcel or a combination of adjoining parcels.

(b)

Land uses. Land uses shall reflect the land use mix in the General Plan Land Use Diagram. Adjustments to the locations of land uses indicated on the General Plan Land Use Diagram may be approved, as long as the total allocation of each use within each plan area is generally consistent with the proportions indicated on the General Plan Land Use Diagram.

(1)

Residential uses. The plan shall include proposed lot size ranges and residential dwelling types (single-family detached, small-lot single family, townhomes, multi-family) within the plan area.

(2)

Public parks and open space. A Community Plan shall identify parks and open spaces. It shall contain an appropriate range of park facilities, such as local parks, regional parks, trails, and open space, to serve the plan area. Parks and open spaces shall be sized and located consistent with the recreational open space guidelines in the natural resources element of the General Plan, and shall also be consistent with the Yuba County Parks Master Plan.

(3)

Public uses. A Community Plan shall indicate the location of public uses needed to serve the plan area or surrounding area. Schools shall be located as shown on the General Plan Land Use Diagram or as determined through consultation with the County and the applicable school district.

(c)

Density and intensity standards. The Community Plan may identify more precise standards related to density and intensity to locations within the plan area provided the total development density and intensity in a Community Plan shall not exceed the amount permitted by the General Plan total area of the Community Plan.

(d)

Development standards. Development standards for the physical development of property. The General Plan provides for flexibility to allow reduced front yard setbacks, smaller driveways, and other techniques for compact housing that makes efficient use of land and still fits within the context of Yuba County.

(e)

Circulation system. A Community Plan shall indicate the location of transportation facilities that will serve the plan area and connect it to surrounding areas. It shall show the location of arterials and collector roads and their relation to existing and planned roads in adjacent areas. Streets shall be aligned with existing planned arterial and collector streets in adjacent areas in such a way that a continuous street pattern is created. The Community Plan shall include a system of bicycle and pedestrian routes that provides access to the plan area, according to the character and needs of the area. The circulation system shall be consistent with the vehicular circulation diagram, bicycle and pedestrian circulation diagram, and transit circulation diagram of the General Plan and Yuba County Master Bikeway Plan, though refinements and additional facilities needed to serve the plan area may be proposed.

(f)

Utilities. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site.

(g)

Other information. Any other information deemed necessary by the Planning Director to ascertain if the project meets the required findings for a Community Plan.

(Ord. No. 1624)

Community plans in areas designated rural community on the General Plan Land Use Diagram may identify one or more rural centers that provide areas for activities, goods and services needed or anticipated to be needed by the local population.

(1)

Location. Rural centers should be located on collector roads, arterial roads, or highways, particularly at "crossroads" locations central to the surrounding rural communities.

(2)

Land uses. A rural center shall be composed of a mix of land uses that may include, but need not be limited to locally-oriented retail, service commercial, and medical uses; agricultural and ecological-based tourist uses; public and semi-public uses (e.g., schools, parks, libraries, post offices); and residential uses.

(3)

Public space. Each rural center shall contain at least one common area for public gathering such as a park, gazebo, public plaza, or square.

(4)

Residential density. The overall residential density for the plan area shall be consistent with the rural community designation of the General Plan. The Community Plan may provide for a wide range of densities and housing types within the plan area. Where possible, dwellings shall be clustered on smaller lots around Rural Centers with larger lots at the edges of the plan area that transition to surrounding open space or agricultural areas.

(Ord. No. 1624)

(a)

Community plans (generally). The Board of Supervisors shall only approve a Community Plan if it makes all of the following findings:

(1)

The proposed Community Plan is consistent with the General Plan and any other applicable plan that the County has adopted;

(2)

The proposed land uses will be adequately, reasonably, and conveniently served by public services, utilities, and public facilities;

(3)

There is a strong relationship between the proposed land uses. They complement one another and will be physically connected through transportation facilities;

(4)

The Community Plan includes adequate space for community gathering or recreation. Where feasible, the plan also includes public facilities and services such as post offices, libraries, fire stations, or government offices;

(5)

The potential effects of the proposed Community Plan have been evaluated and determined not to be detrimental to the public health, safety, or welfare; and

(6)

The proposed Community Plan has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

(b)

Rural Community Plans. In addition to the general findings for approval of Community Plans, the following findings are required for approval of Community Plans in areas designated rural community on the General Plan Land Use Diagram:

(1)

The plan will maintain the predominant rural character of the area.

(2)

Proposed land uses and development intensities within any rural center will complement the rural character of the surrounding area.

(3)

Rural centers will provide for a variety of activities and services anticipated to be needed by the local population.

(4)

Rural centers are appropriately located. To the extent feasible, rural centers will be on major roadways and at "crossroads" locations central to surrounding rural communities.

(5)

The plan provides for adequate preservation of natural and cultural resources. Rural development will be located so as to preserve and provide buffers around native oak trees and other healthy and attractive native vegetation, cultural resources, biological features, mineral deposits, active agricultural operations, unique landforms, historic structures and landscapes, and other natural resources.

(6)

The plan provides appropriate transitions in scale, density, and lot size between rural development and surrounding open space areas.

(7)

Any clustering of uses or reduction in parcel sizes from the base zoning has to demonstrate the ability to provide adequate water and waste facilities consistent with any adopted Environmental Health Department standards or regulations.

(Ord. No. 1624)

A Community Plan may include proposed zoning districts that accommodate the proposed land uses and densities and are consistent with this Chapter and the General Plan. If the Board of Supervisors approves a Community Plan, it may concurrently adopt a set of zoning districts for a portion or all of the plan area.

(Ord. No. 1624)

In approving a Community Plan, the Board of Supervisors may impose reasonable conditions necessary to:

(1)

Ensure that the Community Plan conforms with the General Plan and with any other applicable plan adopted by the Board;

(2)

Achieve the general purposes of this Code;

(3)

Protect the public health, safety, and general welfare; or

(4)

Mitigate any potentially significant impacts identified as a result of environmental review.

(Ord. No. 1624)

A Community Plan shall be reviewed and acted upon by the Board of Supervisors. A public hearing before the Planning Commission is required prior to Board of Supervisors review, and the Planning Commission shall make

a recommendation to the Board of Supervisors.

(Ord. No. 1624)

Plans for a project within the boundaries of a Community Plan shall be accepted for review only if they are consistent with the approved Community Plan.

(Ord. No. 1624)

A Community Plan may be amended in the same manner as it was adopted. Amendment of a Community Plan is subject to the same findings as required for the initial approval.

(Ord. No. 1624)

CHAPTER 11.64 - SPECIFIC PLANS AND AMENDMENTS

This Chapter establishes procedures for consideration of specific plans as authorized by Article 8, Chapter 3, Division 1, Title 7 and other applicable provisions of the Government Code. This Chapter also describes the relation between an adopted specific plan and the provisions of this Code.

Specific plans provide a mechanism for the classification and regulation of land use and development with specific project boundaries that are consistent with and implement the goals and objectives of the General Plan.

(Ord. No. 1624)

The procedures of this Chapter apply to all proposals for the adoption or amendment of a Specific Plan.

(Ord. No. 1624)

A Specific Plan may be initiated by any qualified applicant identified in Section 11.53.020, Application Forms and Fees or a motion of the Board of Supervisors or recommendation by the Planning Commission or CDSA Director.

(Ord. No. 1624)

(a)

Application. A qualified applicant shall submit an application for a Specific Plan on a form prescribed by the Planning Department accompanied by the required fee. The Planning Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(b)

Coordination with other applications. The Planning Director may allow any necessary applications for Specific Plans to be processed concurrently with any other permit required by this Code.

(Ord. No. 1624)

A Specific Plan shall include, but need not be limited to, a text and diagram(s) that specify all of the following in detail:

(1)

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

(2)

The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, and 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;

(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, financing measures and a statement of consistency with any existing master/capital improvements plan necessary to carry out Subsections (1), (2) and (3) listed above; and

(5)

A statement of relationship of the Specific Plan to the General Plan, including a statement of how the Specific Plan implements the goals and policies of the General Plan.

(Ord. No. 1624)

The Specific Plan shall describe the basic land use regulations and development, design, and performance standards that govern each use identified by the Specific Plan. These regulations and standards may include, but need not be limited to the following:

(1)

A listing of allowable uses within each land use designation and applicable definitions, use classifications, supplemental standards, and requirements for discretionary entitlement application and other permits;

(2)

Standards governing residential density, site coverage, lot size and dimensions, yard requirements, usable open space, landscaping and related performance standards;

(3)

Site development regulations consistent with those of adjacent zoning districts, which apply at the perimeter of the Specific Plan area;

(4)

Supplemental illustrations establishing the basic architectural and environmental character to be attained throughout the Specific Plan; and

(5)

Standards and guidelines for the architectural, landscaping, streetscape and other urban design features for development within the Specific Plan.

(Ord. No. 1624)

(a)

Staff report. The Planning Director shall prepare a report and recommendation to the Planning Commission on the application for a Specific Plan. The report shall include, but is not limited to, a discussion of how the proposed Specific Plan complies with the purposes of this Chapter, a determination as to whether the proposed amendment will require amendment to other plans that the Board of Supervisors or the Redevelopment Agency have adopted, and an environmental assessment prepared in compliance with the California Environmental Quality Act.

(b)

Scheduling. The Planning Director shall schedule the application for hearing by the Planning Commission.

(c)

Public notice. At least ten days before the date of the public hearing, the Planning Department shall provide notice consistent with Chapter 11.53, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to any school district, public utility district, or other local agency expected to provide essential facilities or services to the property that is the subject of the proposed Specific Plan.

(Ord. No. 1624)

(a)

Planning Commission hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 11.53, Common Procedures.

(b)

Recommendation to board. Following the public hearing, the Planning Commission shall make a recommendation on the proposed Specific Plan and the environmental determination to the Board of Supervisors. In formulating a recommendation, the Commission shall consider the extent to which the proposed amendment meets the purposes of this Chapter, the compatibility of the proposed amendment with the General Plan, and any changes to the Specific Plan that the Commission deems necessary to comply with other adopted plans and ordinances or to reduce environmental impacts.

(Ord. No. 1624)

(a)

If the Planning Commission has recommended against the adoption of such Specific Plan, the Board of Supervisors is not required to take any further action unless an interested party files a written request for a hearing with the Planning Department within ten days after the Planning Commission action.

(b)

When a Specific Plan is forwarded to the Board of Supervisors for action, the Board of Supervisors shall conduct a duly-noticed public hearing pursuant to Section 11.53.050, Notice of Public Hearings. In addition, the notice shall include a summary of the Planning Commission recommendation.

(c)

After the conclusion of the hearing, the Board of Supervisors may approve, modify or deny the proposed Specific Plan. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for its recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Board for adoption.

(Ord. No. 1624)

The Planning Commission shall not recommend and the Board of Supervisors shall not adopt a Specific Plan unless the following findings are made:

(1)

The Specific Plan implements and is consistent with the General Plan;

(2)

The Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the County;

(3)

The Specific Plan area is physically suitable for the proposed land use designation(s) and the anticipated development; and

(4)

The proposed development will be superior to development otherwise allowed under conventional zoning classifications.

(Ord. No. 1624)

A Specific Plan may be amended to change the text or land use designation in the same manner as it was adopted, except that the Specific Plan may be amended as often as deemed necessary by the Board of Supervisors. Amendment of a Specific Plan is subject to the same findings as prescribed for the initial approval.

(Ord. No. 1624)

(a)

Administration. Specific Plans and associated regulations shall be administered in accordance with Article 8, Chapter 3, Division 1, Title 7 and other applicable provisions of the Government Code. Such plans and regulations may reference existing provisions and procedures of this Code or they may develop different administrative procedures to use in the implementation of the Specific Plan.

(b)

Consistency. No discretionary entitlement applications or other permits may be approved, adopted or amended within the area covered by a Specific Plan, unless found to be consistent with the adopted Specific Plan.

(c)

Specific Plan supersedes. Except as otherwise expressly provided in a specific plan, property may be used for any purpose and subject to all of the standards and requirements of the base zone. Where the regulations of a specific plan differ from the provisions of the base zone, such regulations shall supersede the provisions of the base zone as specified in the Specific Plan.

(Ord. No. 1624)