Fountain Valley City Zoning Code
CHAPTER 21
46 SPECIFIC PLANS
§ 21.46.010 Purpose.
(a)
Process. This chapter provides a process for preparing, processing, reviewing, adopting and amending a specific plan.
(b)
Compliance. When required by Section 21.46.030 (Applicability) of this chapter, the general plan or this title to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented or disapproved, in compliance with this chapter.
(Ord. 1308 § 5, 2000)
§ 21.46.020 Intent.
An adopted specific plan shall replace the base zoning district for the subject property, and the development standards/guidelines identified in the specific plan shall take precedence over the general standards/guidelines contained in this title.
(Ord. 1308 § 5, 2000)
§ 21.46.030 Applicability.
(a)
Authority to Adopt and Amend. An application for a specific plan shall be considered by the commission and council.
(b)
Specific Plan Required. A specific plan, which is designed to provide for flexibility and encourage use of land resources and development of a variety of housing and other development types shall be required under the following circumstances:
(1)
SP (Specific Plan) Zoning District. Areas designated SP (Specific Plan) zoning district require the preparation of a specific plan in compliance with Chapter 21.12 (Special Purpose Zoning Districts) of this title;
(2)
Assist in Master Planning. A specific plan, as a tool that is available to private property owners not covered by subsection (b)(1) of this section, could assist in the comprehensive master planning of a specific site(s).
(Ord. 1308 § 5, 2000)
§ 21.46.040 Minimum project area.
(a)
Five Acres. The minimum project area for a specific plan shall be five acres.
(b)
Waiver Prohibited. A waiver or variance shall not be allowed to decrease this minimum project area requirement.
(c)
Ownership. The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written notification to all applicable property owners.
(Ord. 1308 § 5, 2000)
§ 21.46.050 Initiation and presubmittal requirements.
A specific plan may be initiated in the following manner:
(1)
Council. By a resolution of intention adopted by the council, with or without a recommendation from the commission;
(2)
Property Owner. By an application being filed by the owner(s) of property that would be the subject of the specific plan.
(Ord. 1308 § 5, 2000)
§ 21.46.060 Preparation and content.
The application shall be accompanied by the information required by state law.
(Ord. 1308 § 5, 2000)
§ 21.46.070 Application filing, processing and review.
A draft specific plan shall be filed with the department, and shall be accompanied by the fee established by the city's fee resolution. The draft plan shall be processed in the same manner as required for general plans by state law and as follows:
(1)
Director's Evaluation.
(A)
After the filing of a draft specific plan, the director shall review the draft plan to determine whether it conforms with the provisions of this chapter.
(B)
If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.
(C)
When a draft plan is returned by the applicant to the department and the director determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing.
(2)
Staff Report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption; and
(3)
Public Hearings. A proposed specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:
(A)
(B)
Council.
(i)
After receipt of the commission's recommendation, the council shall conduct a public hearing on the specific plan in compliance with Chapter 21.58 (Public Hearings) of this title.
(ii)
After the hearing, the council may adopt the specific plan, disapprove the plan, or adopt the plan with changes, with appropriate findings in compliance with Section 21.46.080 (Adoption of specific plan) of this chapter, provided that changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law.
(iii)
Failure of the commission to report within forty-five days after the referral, or a longer period set by the council, shall be deemed a recommendation for the approval of the changes.
(Ord. 1308 § 5, 2000)
§ 21.46.080 Adoption of specific plan.
(a)
Council's Action. The council may adopt a specific plan only if the following findings of fact can be made in a positive manner:
(1)
The proposed development is generally consistent with the actions, goals, objectives and policies of the general plan;
(2)
The design, location, shape, size, operating characteristics and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize or otherwise constitute a hazard to the public convenience, health, interest, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
(3)
The proposed development would:
(i)
Ensure quality development by encouraging greater flexibility with more creative and aesthetically pleasing designs for major urban developments;
(ii)
Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and
(iii)
Promote a harmonious variety of housing choices and commercial and industrial activities; attain a desirable balance of residential and employment opportunities and result in a high level of urban amenities and the preservation of the natural and scenic qualities of open space.
(4)
The subject property is physically suitable for the proposed land use designation(s);
(5)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures; and
(6)
There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the council.
(b)
Adoption. The specific plan shall be adopted by ordinance, or by resolution of the council, in compliance with state law.
(Ord. 1308 § 5, 2000)
§ 21.46.090 Implementation and amendments.
(a)
Development within Specific Plan Area. After the adoption of a specific plan, a public works project, a tentative map or parcel map, for which a tentative map was not required and an amendment to this title may be approved/adopted within an area covered by a specific plan only if it is first found consistent with the specific plan.
(b)
Specific Plan Fee Surcharge. The council may impose a specific plan fee surcharge on development entitlements within the specific plan area, in compliance with state law.
(Ord. 1308 § 5, 2000)
§ 21.46.100 Adopted specific plans.
All adopted specific plans are available for review at the department.
(Ord. 1308 § 5, 2000)
§ 21.46.110 Specific plan violations.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the specific plan requirements set forth in this chapter apply, to fail to comply with any specific plan that applies to the property or to comply with the provisions of this chapter.
(Ord. 1358 § 14, 2004)