The purpose of these specific plan provisions is:

A.

To establish procedures for adoption, maintenance and administration of specific plans as allowed in accordance with the provisions of Sections 65450 et seq., of the California Government Code and as may be required for the systematic execution of the General Plan;

B.

To provide a planning framework to guide future public and private developments. and to promote flexibility while insuring economic viability and coherent community design;

C.

To encourage the planned developments, of discrete neighborhoods and to permit comprehensive site and infrastructure planning and building design;

D.

To encourage creativity approaches to the use of land, through variation in the siting of buildings and the appropriate mixing of land uses, activities and dwelling types;

E.

To promote and create public and private open space as an integral part of land development design;

F.

To reduce, through clustering and master planning, the amounts of public and private improvements normally required by developments;

G.

To maximize the choice in types of housing and living environments available to Town residents; and

H.

To allow for the nonsequential development of more remote areas in Apple Valley provided community facilities, services and infrastructure are supplied.

The General Plan provides for the adoption of specific plans in areas where remoteness, environmental constraints or unique land use concerns require specific land use and/or design controls. All specific plans shall be consistent with the provisions of the adopted General Plan. Any proposed specific plan, which is not consistent with the existing adopted General Plan Land Use designation, may only be adopted concurrent with the adoption of the appropriate amendments to the General Plan necessary to maintain consistency.

The following provisions shall apply to the designation of a Specific Plan District: All other applicable provisions of the Town Development Code shall also apply. Where conflicts in regulations occur, the regulations specified in this Chapter shall supersede and apply.

A.

Upon approval of a specific plan, the Specific Plan zoning designation shall be applied to the Zoning District Map for the properties included in the specific plan.

B.

Specific plan districts may provide innovative design and development standards that may vary from adopted Town standards and between specific plan districts.

C.

Specific plans may combine several land uses in the development plan. Mixed uses may include any combination of residential, commercial, industrial, open space and agricultural uses, and may occur among or within buildings as long as the uses are not incompatible with each other and with existing and potential uses surrounding the Specific Plan zone.

D.

Standards for building coverage, height, orientation, as well as light and air, sign placement and design, site planning, street furniture placement and design, setback requirements, open spaces, off-street parking, screening for specific plan uses, and other specified standards, shall be governed by the development standards set forth in the specific plan and other applicable codes and ordinances. Standards in an adopted specific plan may supersede the same or similar standards in other Town codes and ordinances. Where no standards are provided in a specific plan, adopted Town codes and standards shall apply.

E.

The specific plan shall contain criteria providing for any required public and/or private open space and performance standards for the improvement and maintenance of such open space.

F.

In accordance with Town Ordinances, all electrical and telephone facilities, fire alarm conduits, street light wiring, cable television, and other wiring, conduits or facilities shall be placed underground. Underground electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities.

A.

Property that is held in single or multiple ownership may be considered for a specific plan. The Town, property owner(s), or owner's representative, may initiate the specific plan.

B.

A pre-application conference with Planning Division staff is encouraged prior to the filing of the formal specific plan application.

C.

A specific plan shall include information as required on the Town's adopted standard handout. A copy of the specific requirements may be secured from the Town Planning Division.

D.

Applicant shall be notified in writing by the Planning Division of all items of additional information that will be required for the specific plans for continued consideration within thirty (30) days of receipt of application fees by the Town.

Before taking any action to approve a specific plan, the Commission and Council shall find that the proposed specific plan conforms to the following criteria:

A.

The proposed specific plan meets all of the following content criteria:

1.

Specifies through text and/or diagrams, the distribution, location and extent of the uses of land, including open space, within the area covered by the plan;

2.

Specifies through text and/or diagrams, 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 and needed to support the land uses described in the plan; and

3.

Specifies through text and/or diagrams, the standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable; and

4.

Specifies a program of implementation measures including regulation, programs, public works projects, and financing measures necessary to carry out Findings A.1, A.2 and A.3 above;

5.

Demonstrates compliance with General Plan Land Use Element policies 3.B, 4.I, 4.J and 4.K, as applicable.

6.

Includes a statement of the relationship of the specific plan to the General Plan, Development Code, and any other applicable plan or ordinance; and

7.

Addresses any other subjects that are necessary for implementation of the General Plan.

B.

The location and design of the proposed development will be consistent with the goals and policies of the General Plan and with any other applicable plan or policies adopted by the Town and with any other applicable provisions of the Development Code.

C.

The proposed location will allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be appropriate.

D.

All vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing significantly increased congestion upon adjoining streets.

E.

The final specific plan will identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by this Development Code, the Town may require that suitable areas be reserved for uses such as schools, parks and pedestrian ways; public open spaces may be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development.

F.

In accordance with the requirements of the California Environmental Quality Act (CEQA), environmental impacts have been reduced to a level of no impact or less than significant, or in the case where such impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation after certification of the Environmental Impact Report.

G.

The proposed specific plan should contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

H.

The proposed specific plan will not be detrimental to the public health, safety or welfare of the Town.

A.

Upon receipt in proper form of a specific plan application, or direction of the Council, and following Planning Division review as provided for in this Chapter, public hearings shall be set before the Commission and Council.

B.

The Commission may recommend to the Council approval or denial of the proposed specific plan, or may recommend approval subject to specified modifications.

C.

The Council may approve, approve with modifications, or deny the final specific plan, provided that, in overruling a Commission recommendation for denial, the Council shall make the findings listed in Section 9.03.050, Required Findings, this code.

D.

Minor changes to an approved final specific plan may be made by the Director, provided that such changes are nonsignificant and consistent with all of the purposes and character of the approved final specific plan. Minor changes shall not include:

1.

Changes in the densities established in the approved final specific plan;

2.

Changes to the boundaries of the subject property, or any use as shown on the approved final specific plan;

3.

Substantial changes in the locations or amounts of land devoted to specific land uses.

E.

All modifications or amendments to an approved final specific plan, other than minor changes as provided for in subsection 9.03.060.D above, shall be processed as a specific plan amendment and shall be subject to all specific plan procedures.

Approval of the final specific plan and the establishment of Specific Plan (SP) zoning shall be by ordinance. Approval of zoning to the SP district shall include, but not be limited to, the following stipulations:

A.

Unless otherwise specified in the final specific plan, the regulations provided in the Town Development Code shall apply. Approval of the specific plan shall not be interpreted as waiving compliance with other provisions of the Town Development Code, except in those instances where the specific plan expressly regulates a use.

B.

The approved final specific plan shall be filed in the office of the Town Clerk and in the office of the Planning Division.

C.

No building within the boundaries of an approved specific plan shall be constructed, maintained or used other than for the purpose specified in the approved final specific plan.

A.

A Specific Plan which includes residential development shall conform to the requirements of Section 9.56.050 (C), Minimum Open Space Requirements.

B.

The Commission and Council, may as a condition of approval, require that suitable areas for parks be dedicated and in-lieu fees be paid. as determined for the entire specific plan area, and in compliance with applicable ordinances and requirements.

C.

The Commission and Council, in conjunction with the Apple Valley Unified School District, may as a condition of approval, require that land for schools and other public uses be reserved for public use, or be reserved for the owners and residents in the development by deed restrictions.

D.

Whenever group or common open space is provided, whether required or not, the Commission or Council shall, as a condition of approval, require that some provision shall be made for applicable perpetual maintenance of such open space.

E.

The form of any instrument used to assure open space maintenance agreements shall be approved by the Town Attorney and Director as to form and content. Agreements and covenants running with the land shall include provisions for charges to be levied for carrying out the specified functions and administrative expenses of such perpetual maintenance. The Town may be party in interest in any such development for purposes of enforcing the provisions of this Chapter, including bringing of any enforcement actions deemed appropriate by the Town.

F.

To assure that open space is provided within specific plan areas, public and open space sites shall be dedicated in advance of development (prior to the issuance of building permits) whenever such dedication is so required, even in those cases when a subdivision map is not required. Other appropriate dedications for street, utility and flood control rights-of-way and for easements and other public purposes may also be required before the issuance of the first building permit, or when otherwise determined to be appropriate by the Council.

All fees shall be in accordance with the Council adopted Fee Schedule.

No land use application may be approved, no public works projects may be approved, and no land use designation within a specific plan may be amended within the area of an adopted specific plan unless it is consistent with the adopted specific plan.

A.

Residential Projects

1.

Residential development projects, including any subdivision or land use district changes that are consistent with a specific plan for which an Environmental Impact Report (EIR) has been certified after January 1, 1980, are exempt from the requirements of the California Environmental Quality Act (CEQA) provided they meet the criteria for exemption specified in Section 65457 of the California Government Code.

2.

This subsection does not supersede but provides an alternative procedure to Section 21080.7 of the California Public Resources Code, Housing or Neighborhood Commercial Facilities Exemption.