§ 16.16.030. Specific plan adoption and amendments.

A.

Purpose and Intent. Specific plans are a significant tool to implement the general plan, as well as an inducement to the development of mixed use developments desired by the city. A specific plan documents 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 or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the city as a whole. It is the purpose of this section to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in residential building types, land use mixes, site design, and development concepts. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time.

Additional information regarding the specific plan zoning district can be found in Chapter 16.44.

B.

Authority. The city council is authorized to approve specific plans and specific plan amendments. The planning director, staff advisory committee, and planning commission shall provide recommendations to the city council regarding specific plan adoption and amendments. A public hearing pursuant to the provisions of Section 16.12.160 of this title shall be required.

C.

Initiation of Specific Plans and Amendments to Specific Plans. Adoption of a new specific plan or an amendment to an existing specific plan may be initiated by any of the following actions:

1.

The consensus of the city council or planning commission;

2.

An application from a property owner or his or her authorized agent or any affected party. If the property for which a specific plan or specific plan amendment is proposed is in more than one ownership, all the owners or their authorized agents may join in filing the application.

This section shall apply to all sites designated in the general plan for a specific plan or any other area of the city where the applicant believes that implementation of a specific plan will benefit the project and the city. In addition, the city council or planning commission may determine that because of a project's size, mixed uses, adverse environmental impacts, local controversy, or other factors, a specific plan is required for a privately-initiated project.

D.

Submittal and Review Requirements.

1.

Pre-application Procedure.

a.

Prior to submitting an application for a specific plan, the applicant or prospective developer shall apply for a preapplication review conference with the planning director and staff advisory committee to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparations of plans, surveys, and other data. Coordination of preparation of environmental documentation shall be discussed. Such preliminary consultations shall be relative to a conceptual development plan, which includes, but is not limited to, the following:

i.

Proposed land uses to be developed with the district;

ii.

Development concepts to be employed;

iii.

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; and

iv.

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 consultations pursuant to this section, the planning director may require submission of a competently prepared housing market analysis, if applicable, demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the preapplication review procedure, may be made a requirement for submission of an application for a specific plan, or may be requested as part of the environmental assessment or EIR.

c.

Following initial preliminary consultations pursuant to this section, the planning director may require submission of a competently prepared commercial market analysis, if applicable, for any proposed shopping center or major commercial uses, showing the need for such uses, in the location requested, and inadequacy of existing district sites to meet this need. The market analysis shall include, but not be limited to, the following:

i.

Determination of potential trade area;

ii.

Estimates of existing and future population of the trade area;

iii.

Determination of existing and potential effective buying power in the trade area; and

iv.

Determination of the net potential customer buying power for the proposed commercial development. Such analysis may be requested as a part of the preapplication review procedure or may be made a requirement for submission of an application for a specific plan or may be requested as part of the environmental assessment or EIR.

2.

All specific plan and specific plan amendment applications shall be accompanied by an application to change the underlying zoning district to a specific plan ("SP") zone and amend this title to incorporate the specific plan by reference.

3.

Applications for a specific plan or specific plan amendment shall contain the following:

a.

Completed planning application form and required fee and attachments (see also Section 16.12.030);

b.

Three copies of the specific plan document (or proposed revisions to an adopted specific plan in the case of an amendment application), including text and a diagram specifying all of the following in detail:

i.

A statement of the relationship between the specific plan and the general plan,

ii.

A boundary survey map of the area within the specific plan and a calculation of the gross land area within the proposed district,

iii.

A topographic map and, if applicable, a general grading concept plan for the property and adjacent land within one hundred (100) feet of the property, shown at contour intervals not to exceed two feet for natural slopes over two percent or less. For natural slopes of two percent, contour interval shall not exceed five feet,

iv.

Maps and supporting tabulations showing the current general plan land use designation, the current zoning 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,

v.

The distribution, location and extent of the uses of land, including open space, within the area covered by the specific plan. Projected acreage, population, housing units, employment, and other related planning and development data should be provided for each use,

vi.

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 specific plan,

vii.

Text setting forth the basic land use regulations, site development regulations, and performance standards and criteria by which development will proceed (see Chapter 6.44 regarding specific plan zoning district), and standards for the conservation, development and utilization of natural resources, where applicable. The text shall include supplemental illustrations, as required, establishing the basic community architectural character, environmental character, and environmental design qualities to be attained throughout the specific plan area and within particular portions of the district,

viii.

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

ix.

Identification of any project phasing, if applicable. All major infrastructure, including parks and landscaping adjacent to roadways or major elements of the specific plan, shall be installed in the first phase of development. Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and regulations regarding landscape and irrigation, including limitations on the percentage of turf/lawn that can be placed in landscape areas. All parks and roadways required to service each phase shall be completed prior to occupancy. The responsibility of the developer, the city, and any other agencies shall be discussed in the phasing section of the document. Any and all agreements that require city participation, developer contribution, or construction of facilities shall be discussed.

x.

Any other information required by state law to be included in a specific plan.

The specific plan may address any other subjects that, in the judgment of the planning commission or city council, are necessary and desirable for implementation of the general plan;

c.

Two copies of a preliminary title report dated within the last six months.

4.

Planning Director Review.

a.

After an application for a specific plan or specific plan amendment has been determined to be complete, the applicant shall submit one reproducible copy and fifty-five (55) copies of the document. The copies shall be distributed to the staff advisory committee, planning commission, city council, south county library, city attorney, and each local agency with special expertise along with the environmental document.

b.

The planning director shall request the staff advisory committee (and possibly the architectural advisory committee) to review and make recommendations regarding the specific plan.

c.

The review period for the specific plan shall be forty-five (45) calendar days.

5.

Planning Commission Review.

a.

After the planning director and the staff advisory committee (and possibly the architectural advisory committee) have reviewed the specific plan and the required environmental documentation has been completed and reviewed, a public hearing before the planning commission shall be noticed and held pursuant to the provisions of Section 16.12.160.

b.

The planning commission shall indicate by resolution whether the specific plan or specific plan amendment is recommended to the city council for approval, approval in modified form, or disapproval. The city clerk shall be notified of the commission recommendation following their hearing.

6.

City Council Review and Action.

a.

The city council shall conduct a public hearing on the specific plan or the specific plan amendment pursuant to the provisions of Section 16.12.160.

b.

Approval of the specific plan or specific plan amendment shall be by resolution. The city council may approve, approve with modifications, or disapprove any proposed specific plan or specific plan amendment.

c.

If the city council approves the specific plan with modifications, a final reproducible specific plan document shall be submitted to the city within thirty (30) days of the first reading of the ordinance adopting the specific plan zoning district.

E.

Required Findings. The city council may approve a specific plan or an amendment to an adopted specific plan only if all of the following findings of fact can be made in an affirmative manner:

1.

The proposed specific plan (or specific plan amendment) is consistent with the goals, objectives, policies and programs of the general plan;

2.

The proposed specific plan (or specific plan amendment) will not adversely affect the public health, safety and welfare or result in an illogical land use pattern;

3.

The specific plan (or proposed specific plan amendment) is necessary and desirable in order to implement the provisions of the general plan;

4.

The development standards contained in the specific plan (or specific plan amendment) will result in a superior development to that which would occur using standard zoning and development regulations.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

5.

The proposed specific plan amendment will not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending.

(Prior code § 9-02.030)

(Ord. No. 633, § 4, 6-14-2011)