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Coachella City Zoning Code

CHAPTER 17

36 - SPECIFIC PLAN DISTRICT

17.36.010 - Intent and purpose.

The purpose of this district includes the following:

A.

To encourage the planned development of parcels and to permit comprehensive site planning and building design;

B.

To provide a more flexible regulatory procedure by which the basic public purpose of the City's general plan and the City's zoning code may be accomplished;

C.

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

D.

To enhance the appearance and living environment of the community through encouragement of creative approaches to the use of land and the design of facilities;

E.

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

F.

To reduce, when appropriate, the amounts of public and private improvements normally required by developments;

G.

To maximize choice in types of environments available in the city; and

H.

To encourage private development of older areas of the city and for the enhancement and preservation of property with unique features, such as property having historical significance, unusual topography, and landscape features.

(Prior code § 058.01)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.020 - General requirements for a specific plan proposal.

A.

Property that is held in single or multiple ownerships may be considered for a specific plan. The city, property owner or his or her representative may initiate the specific plan proposal. Components of the specific plan shall include the submittal of a development plan and text. Land development within the specific plan area shall be initiated and completed by the applicant or his or her agents, whichever the case may be. Unless otherwise provided in the approval of the specific plan, the applicant may divide and transfer units within the specific plan area, provided the total density permitted by the specific plan is not exceeded. The applicant or his or her agent shall complete, use and maintain the development in strict accordance with the specific plan and subsequent conditions of approval as required. To be in addition to; in concert with etc.

B.

All provisions of this district are supplemental to the city's subdivision ordinance. Any site plans and/or maps contemplated for the specific plan area or for portions thereof may be processed concurrently with the specific plan as specified under this chapter.

(Prior code § 058.02)

17.36.030 - General provisions and standards for a specific plan district.

The following provisions shall apply in this specific plan district, together with all other applicable provisions of the city's zoning and subdivision ordinances. Where conflict in a regulation occurs, the regulations specified in this district or in an approved specific plan shall supersede and apply:

A.

Specific plan zones may be established pursuant to the regulations and requirements specified in the specific plan district ordinance codified in this appendix to the Municipal Code. It is the intent of the individual specific plan zones to provide innovative development plan design and development standards in which development standards may vary between specific plan zones.

B.

The specific plan shall consist of a development plan and text material and is recognized as a guide to the developers and designers of land use plans for the property. The development standards are, in effect, performance standards, the ramifications of which become manifest when a site plan has been drawn.

C.

Specific plan zones may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this district. Such suitability and scope shall be reviewed and approved by the Planning Commission and shall be in accordance with the general plan.

D.

The purpose of this district may be accomplished only upon satisfactory demonstration by the applicant that the specific plan is in conformance with the intent of the city's general plan and any element thereof, and in accordance with other applicable plans and policies adopted by the city.

E.

Specific plans may combine several land uses on 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 compatible with each other and with existing and potential uses surrounding the specific plan zone.

F.

Standards for building coverage, light and air orientation, building height, sign placement and design, yard requirements, open spaces, off-street parking, and screening for specific plan uses and other specified standards shall be governed by the development standards set forth in the specific plan and subsequent documents.

G.

The provision of public and private open space, as an integral part of land development planning and design, is set forth as a purpose of this specific plan district. The specific plan shall contain criteria providing for open space and performance standards for the improvement and maintenance of required open space.

H.

All electrical and telephone facilities, fire alarm conduits, street light wiring, cable television, and other wiring, conduits or facilities shall, where feasible, be placed underground. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities.

I.

Standards for private and public improvements shall be governed by the specific plan and may vary from adopted city standards.

(Prior code § 058.03)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.040 - Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning indicated:

"Applicant" means the party filing the application for and requesting a specific plan zone designation for particular parcels) of land. The applicant may be the city, a property owner or a group of property owners or their designated representative for the particular parcel(s) of land for which the specified plan zone is requested.

"Building permit" means a permit issued by the city that allows the building of a structure, according to the specified conditions of the permit, where located on the approved grading plan.

"Conceptual" means a working combination of land uses and development intensities designed as a mandatory component of the draft specific plan.

"Criteria" means the actual means employed to review and judge the effectiveness of the specific plan.

"Dedicated" means land, improvements, or both, dedicated by the landowner or developer to a public or quasi-public agency thereby releasing certain obligations from the landowner or developer.

"Development plan" means a mandatory requirement of the specific plan identifying areas on a map proposed for various land uses, backbone circulation systems, public use areas, open space areas, major landscape features and other general items as required by the city.

"Development standards" means a set of customized standards devised for the purpose of guiding and controlling future development on the property to ensure compliance with the proposed character of design described in the specific plan. They may be developed for a particular project or reference existing zoning districts.

"Draft specific plan" means a preliminary compilation of specific plan components, including conceptual plans of the development plan and an outline of the text material, the purpose of which is to expose the development concept and to solicit city responses and comments on the development concept.

"Environmental studies" includes various requirements of the California Environmental Quality Act.

"Final specific plan" means a final representation of the proposed development for a specific plan area that includes the information required by the city. The final specific plan, as approved by the Planning Commission and City Council, shall be considered an official zoning document for parcel(s) with approved specific plan (SP) zoning as placed on the official zoning map.

"Grading permit" means a permit issued by the city that allows grading to occur, according to the specified conditions of the permit, on the terrain of the specific plan area.

"Performance standards" means the development standards provided by the specific plan area to be enforced as performance standards when detailed site plans and subdivision maps are prepared. Project design is to be evaluated by the measure of performance described by the development standards.

"Private open space" means open-space lands identified in the specific plan that are recognized as being for the private use, enjoyment, or primary benefit of a limited group of people, generally restricted to the residents and their guests of the specific plan area.

"Public open space" means open-space lands identified in the specific plan that are recognized as being for the use, enjoyment, or primary benefit to the general public.

"Reservation (reserved)" means the setting aside of land for a specific purpose as required in the specific plan.

"Site plan" means a detailed development plan illustrating the precise locations and dimensions of parcels, buildings, circulation systems, public uses, urban design elements and other precise development elements as required by the city, the specific plan district or, as necessary, to illustrate site plan concepts.

"Specific plan" means the legal document consisting of a development plan and text material that describes the character and building intensity of proposed development standards to guide developers and designers of the property.

"Specific plan designation" means a special-purpose specific plan area that is designated in the City's general plan. The development intensity policy is designated on the general plan. All areas that have a specific plan designation in the city's general plan must be developed with an approved specific plan and must have specific (SP) plan zoning.

"Specific plan district" means that district of the Coachella Zoning Ordinance permitting the establishment of specific plan zones.

"Specific plan zones" means an official zone established for specific parcel(s) of land for which particular intensities of land uses or combination of land uses are proposed and guided by a specific plan document. A designation of (SP) is placed on the city's official zoning map upon approval, by ordinance, of specific plan zoning for parcel(s) of land.

"Subsequent reviews" means reviews of discretionary actions, as required to complete the development process concurrent with or subsequent to specific plan and specific plan (SP) zone approval.

"Text material" means a mandatory requirement of the specific plan describing, in written form, the character of the proposed development standards.

(Prior code § 058.04)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.050 - Application procedure.

The application procedure allows the applicant to receive conditional specific plan (SP) zoning prior to final specific plan approval. (See Exhibit "A", Specific Plan Process, found on file in the office of the city clerk). The application for specific plan (SP) zoning shall be made on a form supplied by and submitted to the planning staff for review. It shall be the responsibility of the planning staff to contact interested departments and all agency personnel regarding necessary meetings with the applicant.

(Prior code § 058.05)

17.36.060 - Conditional specific plan (SP) zoning procedure.

The purpose of selecting the process for conditional specific plan (SP) zoning is to allow the applicant to receive an (SP) zoning designation for properties prior to preparing and submitting specific land documents.

A.

Subsequent to acceptance of any application for conditional specific plan (SP) zoning by the planning staff, the city shall conduct the necessary public hearings as provided in Chapters 17.70 to 17.82 of this title.

B.

At such time as conditional specific plan (SP) is approved, the Planning Commission shall determine the residential, commercial, or industrial development intensity policy, as provided in Section 17.36.070 of this chapter and it shall be placed on the city's official zoning map. This zoning designation will remain conditional until a final specific plan is approved for the subject parcel(s).

C.

The applicant shall submit a draft specific plan to the planning staff for review and comment. The draft specific plan shall consist of conceptual plan for the development plan and a general outline describing the content of the text material, as provided in Section 17.36.080 of this chapter.

D.

The applicant shall submit a final specific plan to the planning staff for processing to the Planning Commission for review and comment. The final specific plan shall consist of the information contained in the draft specific plan and additional information, as provided in Section 17.36.090 of this chapter.

E.

The city shall notice said specific plan and conduct necessary public hearings as provided in Chapters 17.70 to 17.82 of this code. Upon approval of the final specific plan, the specific plan (SP) zoning designation will be implemented thereby removing the conditional status.

(Prior code § 058.06)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.070 - Residential, commercial, or industrial development intensity policy.

A.

The residential, commercial, or industrial development intensity policy shall be established for each specific plan zone concurrent with the approval of specific plan (SP) zoning or other applicable zoning district(s). The planning commission shall determine the allowable development intensity for specific plan zones and shall designate said density on the official zoning map of the city and/or as described in the text of the zoning code.

B.

Development intensity for specific plan zones shall be determined by one of two processes described as follows:

1.

Development intensity for specific plan zones may be governed by the land use category designated in the city's general plan, or in other city plans and policies that may be in the process of preparation.

2.

Development intensity for specific plan areas shall generally be evaluated with reference to other similar specific plan developments or evaluation procedures within the city, or in the case where other similar developments do not exist, with reference to other similar developments in comparable jurisdictions.

(Prior code § 058.07)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.080 - Draft specific plan.

The draft specific plan shall describe the intensity of land uses proposed and their interrelationship, and shall not be construed to endorse the precise location of uses, configuration of parcels or engineering feasibility. The draft specific plan shall be submitted to the planning staff, and shall include the following information:

A.

A preliminary plan of the development plan for the entire specific plan area delineated on one or more maps showing:

1.

Project land uses, densities, existing and proposed major streets, public use areas (schools, parks, fire stations, etc.) and open space and major landscape features.

2.

General plan, regional and sub-regional or community plan land use designations.

3.

Slope analysis, utilizing categories provided by the planning staff. Included in the slope analysis is the number of acres in each slope category;

B.

A general outline of the text material describing the general objectives/concept; a tabulation of the land area to be devoted to various uses, including open spaces, a calculation of the overall density and the average densities per net residential acre of the various residential areas; and a summary of development standards for commercial or industrial uses when those uses are proposed. The text material shall include development standards to be implemented as performance standards for the specific plan area:

1.

A statement proposing the method of maintaining common open areas and facilities.

2.

A description of the proposed grading program.

3.

Identification of proposed future ownership and maintenance of streets, driveways, sidewalks, pedestrian ways, and open space areas.

4.

A discussion of the project as it relates to each of the general plan elements, including land use, circulation, open space safety, noise, housing; conservation and community design. If a community plan is adopted or pending that includes the project site, the relationship of the project with the growth management plan should be discussed.

C.

After Planning Commission review, the planning staff shall furnish the applicant with written comments regarding, the review conference(s), including appropriate recommendations to inform and assist the applicant prior to preparing the final specific plan.

(Prior code § 058.08)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.090 - Final specific plan.

The final specific plan shall consist of the information contained in the draft specific plan and other additional as determined by the planning staff, Planning Commission, City Council or redevelopment agency. This additional information shall include all or a portion of the following:

A.

Survey of the property, showing existing features including trees, structures, streets, easements, utility lines, land uses, existing zoning, and existing ownerships;

B.

Topographic map showing area of major grading;

C.

Proposed standards for height, open space, building intensity and public improvements;

D.

Copies of legal documents required for dedication or reservation of public or private open space, or for the creation of homeowner's associations for open space maintenance.

(Prior code § 058.09)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.100 - Criteria for reviewing specific plans.

Before recommending approval, the Planning Commission and City Council shall find that the proposed development conforms to the following criteria:

A.

The location and design of the proposed development shall be consistent with the goals and policies of the city's general plan and with any other applicable plan or policies adopted by the city, or in the process of being prepared and adopted.

B.

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

C.

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

D.

The final specific plan shall identify a methodology(s) 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 code, the city may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments, or operations in the development.

E.

The overall design element of the specific plan will produce an attractive, efficient, and stable development.

F.

In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non-significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation.

(Prior code § 058.10)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.110 - Approval by ordinance.

Approval of the final specific plan and/or establishment of (SP) specific plan zoning may be by resolution or by ordinance. Approval of zoning to the specific plan zone shall include, but not be limited to, the following stipulations:

A.

Unless otherwise specified in the final specific plan, the regulations provided in the city zoning code shall apply. Approval of the specific plan shall not be interpreted as waiving compliance with other provisions of this code, except in those areas where the specific plan expressly regulates a use.

B.

The approved final specific plan shall be filed in the office of the city clerk and in the office of the planning staff.

C.

No building shall be constructed, maintained or used other than for the purpose specified in the approved final specific plan, as filed, nor prior to the approval of a site plan as required in this chapter.

(Prior code § 058.11)

17.36.120 - Specific plan approval, denial, and modifications.

A.

The Planning Commission may recommend to the City Council approval or denial of the specific plan, or may recommend approval subject to specified modifications and conditions.

B.

The City Council may approve, approve with modifications or conditions, or deny the final specific plan; provided, that in overruling a Planning Commission recommendation for denial, the City Council shall make the finding listed in Section 17.36.100 of this chapter.

(Prior code § 058.12)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.130 - Concurrent actions.

The Planning Commission and the City Council may act upon a subdivision map and site plan for all portions of the final specific plan concurrently with an approval action on the final specific plan.

(Prior code § 058.13)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.140 - Site plan and subdivision map review.

A.

The purpose of a site plan is to provide the city with a detailed development plan that utilizes the development standards defined in the specific plan. The following criteria shall be applied to all portions of the specific plan requiring site plan review:

1.

A topographic map or sufficient detail to show all cuts and fills, precise drainage and flood-control proposals, and boundary data;

2.

Detailed site plan, showing lot or site dimensions; traffic and pedestrian circulation; location, widths, grades and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities and other public improvements; building height, location, size and proposed use; yards and space between buildings and distances from property lines and rights-of-way, walls, fences to include location, height and materials; location, size and height of all signs; and loading areas;

3.

Building plans and elevations (typical);

4.

A landscape, staking and irrigation plan;

5.

A tentative subdivision map shall be submitted, if applicable, showing precise divisions of the land for sale or lease of individual property, if any, as provided in the State Map Act and the city's subdivision ordinance;

6.

Location and dimensions of public or quasi-public areas, including, but not limited to, schools, parks, playgrounds, and parking areas. The area of required open space and parks shall be based on this code in effect at the time of tentative map filing;

7.

A statement setting forth a program for installation and continued maintenance of parking areas; location and general design of lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds or public or quasi-public community buildings and facilities.

B.

Within forty-five (45) days following acceptance of the application for site plan approval, and after all environmental certifications have been obtained, the Planning Commission may approve, conditionally approve or disapprove the proposed site plan, and shall notify the applicant of its action.

C.

An appeal of the Planning Commission action may be made to the City Council by the applicant in accordance with the appeal procedure of this district.

(Prior code § 058.14)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.150 - Site plan modifications.

Modifications shall be processed as a site plan amendment and shall be subject to all site plan procedures.

(Prior code § 058.15)

17.36.160 - Dedication—Maintenance of open space.

A.

The Planning Commission or City Council, as the appropriate responsible reviewing body, may, as an approval, require that suitable areas for parks be dedicated or in-lieu fees be paid as determined for the entire specific plan area, and for schools and other public use facilities land be reserved for public use or be reserved for the owners and residents in the development by deed restrictions. Whenever group or common open space is provided, whether required or not, the Planning Commission or City Council shall, as a condition of approval upon review, require that some provision be made for perpetual maintenance of such open space. The form of any instrument used to assure open space maintenance shall be approved by the city attorney and planning staff 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 city shall be a party in interest in any such development and may, by mandatory injunction or other appropriate actions, enforce the provisions of this district.

B.

To assure that open space shall be available for the specific plan zone, public sites, and transfer of development rights within the specific plan area in exchange for open spaces shall be dedicated in advance of development (prior to issuance of the first building permit).

(Prior code § 058.16)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.170 - Tentative and final subdivision map.

A.

A master subdivision map or parcel map, the purpose of which is to subdivide large parcels, may be prepared and submitted for approval to the city prior to individual site plan and tentative map approval. A grading permit based on all or a portion of this master subdivision map or parcel map may be issued after approval of such master subdivision map or parcel map.

B.

A tentative subdivision map or parcel map, submitted in combination with or after approval of the site plan, shall not be approved for recordation by the City Council until after the specific plan (SP) zoning and an approved final specific plan have become effective.

C.

No building permit shall be issued until a final subdivision map or parcel map, if required, has been prepared for the site plan or any approved state thereof, in compliance with the State Map Act and city's subdivision ordinance.

(Prior code § 058.17)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)

17.36.180 - Site plan and tentative subdivision map appeal.

The applicant may appeal the action of the Planning Commission in writing to the City Council. Such appeal shall be filed in triplicate with the planning staff within ten (10) days after the decision. The planning staff shall forward the triplicate copy of the appeal to the city clerk and Planning Commission. The City Council shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the clerk of the triplicate copy, or within such time as the council shall continue the matter. The City Council shall review the site plan and shall recommend approval, approval with conditions or disapproval.

(Prior code § 058.18)

(Ord. No. 1204, § 3(Exh. A.1), 7-26-23)