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Orinda City Zoning Code

CHAPTER 17

13 - SPECIFIC PLAN DISTRICT

Sections:


17.13.1 - Specific purposes.

The specific purposes of the SP specific plan district are to:

A.

Establish a procedure for the development of sites: (1) where a specific plan is required by the general plan, consistent with Government Code Section 65450 et seq.; and (2) where specific planning solutions, development controls and public actions are required;

B.

Provide for flexibility, consistent with the general plan, in the application of certain land use designation and development regulations found in base districts to take advantage of environmental characteristics of the site;

C.

Encourage the creation, improvement and maintenance of public open space in specific plan areas.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.2 - Applicability and zoning map designator.

An amendment to reclassify property to an SP district may be initiated by a property owner(s), qualified applicant, the Planning Commission or the City Council. A map showing the extent of ownerships must be submitted with the application. An SP district is indicated on the zoning map by the designation "SP" followed by the number of the enacting ordinance.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.3 - Land use restrictions.

A.

No use other than an existing use on a preexisting parcel is permitted in an SP district except in accord with an adopted specific plan. A permitted or conditional use may be included in an adopted specific plan only if found, consistent with the general plan.

B.

Prohibition of Specified Uses.

1.

Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in an SP district.

2.

Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in an SP district.

(Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

17.13.4 - Development regulations.

A.

Minimum Area. The minimum area of an SP district shall be ten acres. However, an SP district may be subdivided in accord with an adopted specific plan. An SP district may be less than the required minimum size stated above only upon a finding by the City Council that there is a unique character to the site, the proposed land use, or the existing or proposed improvements.

B.

Residential Density. The total number of dwelling units in an SP plan may not exceed the permitted general plan density for the total area of parcels which are the subject of the specific plan. The density bonus provisions of Section 17.4.32 apply.

C.

Other Development Regulations. All other development regulations prescribed by this title apply, except as may be approved or modified by the Specific Plan.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.5 - Required plans and materials.

In addition to the plans and materials required to accompany an application for a zoning map amendment, an application for rezoning to an SP district must include a specific plan incorporating such information, drawings, exhibits, reports, and supporting data necessary to describe the plan, including the following items:

A.

A statement of the relationship between the proposed specific plan and the general plan, demonstrating that the proposed specific plan conforms to and is consistent with the general plan.

B.

Plans and information which clearly and accurately respond to the following required information:

1.

Gross and net acreages of all proposed lots, square footage totals of all proposed structural development, and residential density computations calculated pursuant to the slope density formula in Chapter 17.7 of this title;

2.

Location of all proposed building footprints and setbacks to proposed property lines;

3.

Location of all proposed roads, driveways, parking areas and related improvements;

4.

Extent and nature of grading, including estimates of earth cuts and fills and proposed retaining walls, if any;

5.

Drainage plan showing how water will drain from site to existing or proposed drainage courses or pipes;

6.

Landscape plan, including proposed species, sizes and numbers of plants, general planting locations, and irrigation/maintenance methods;

7.

Detailed architectural renderings of all proposed buildings and other site improvements, including exterior elevations, building heights, relationships to existing and proposed grades, floor plans, roof plans, building cross-sections, building color and materials board, and other plans as deemed necessary by the city to ensure adequate review of project components;

8.

The proposed location, and capacity of major components of sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the specific plan;

9.

Title report for the subject property, issued within six months of application submittal;

10.

Soils/geotechnical report which addresses site conditions, proposed site improvements and mitigations which may be necessary to support proposed site development. (The report may be subject to peer review by a geotechnical engineering subconsultant to the city prior to submittal of a PD application, as determined by the City Engineer);

11.

Phasing plan which indicates precise timing of phased development, if any, for development of all plan components;

12.

Financial analysis which provides detailed costs of the proposed development, including site preparation, and assesses fiscal impacts, both immediate and future, to the city and service providers, consistent with any phased development plans;

13.

Any other information which the city deems necessary to fully address and analyze the proposed plan.

C.

An open space plan, indicating existing vegetation and proposed planting areas, types and sizes of plant materials and design of walkways, trails, recreation areas, paved areas, benches, water features, and lighting, plus use of open space areas.

D.

The proposed location, and capacity of major components of sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the specific plan.

E.

Standards for the conservation, development and utilization of natural resources, where applicable.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.6 - Review and approval of SP plan and rezoning.

A.

General Procedures. A specific plan shall be processed at the same time as consideration of the application for reclassification to an SP district. The Planning Commission shall consider the specific plan and rezoning at a noticed public hearing and provide the City Council with a recommendation on the proposed plan and rezoning.

B.

Following Planning Commission review, the City Council shall consider the SP plan and rezoning at a public hearing.

C.

Public hearings shall be noticed as provided for in Chapter 17.42 of this title.

D.

Reclassifying land to an SP district must include a resolution either approving or conditionally approving a specific plan, and findings that the plan:

1.

Is consistent with the general plan and the terms and limitations for specific plans as prescribed in Government Code Section 65450 et seq;

2.

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;

3.

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;

4.

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;

5.

Specifies a program of implementation measures including regulations, programs, public works projects, and phasing and financing measures necessary to carry out Findings (2), (3) and (4) (subsections (D)(2), (D)(3) and (D)(4) of this section) without net fiscal loss or impact to the city or public service agencies; and

6.

The specific plan addresses any other subjects which are necessary for implementation of the general plan.

E.

In approving a specific plan, the Planning Commission has the authority to recommend and the City Council establish standards and conditions which are necessary to ensure consistency with these findings and the stated purpose of the SP district. The City Council may also enlist the assistance of the Parks and Recreation Commission in considering the plan prior to City Council action. If an approved specific plan does not contain sufficient detail to allow for subsequent project construction or site improvements without further discretionary review, the approved specific plan shall identify what additional discretionary review(s) are necessary.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.7 - Specific plan procedures.

A specific plan adopted by resolution of the City Council is administered and amended as prescribed by the City Council, consistent with the Government Code Sections 65450 et seq.

(Ord. 99-6 § 2 (Exh. A (part))

17.13.8 - Environmental review requirements.

Residential development projects, including any subdivision or land use district change, that are consistent with a specific plan for which an environmental impact report 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. This section does not supersede but provides an alternative procedure to Section 21080.7 of the California Public Resources Code.

(Ord. 99-5 § 2 (Exh. A (part))

17.13.9 - Fees and charges.

A.

The City Council shall by resolution establish and from time to time amend a schedule of fees imposed for the adoption and amendment of any specific plan. The City Council, after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan. The fees shall be established by resolution so that, in the aggregate, they defray, but as estimated do not exceed, the cost of preparation, adoption and administration the specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the California Public Resources Code.

B.

Copies of specific plans shall be made available to local agencies and the general public. The city may charge a fee for a copy of a specific plan or amendments to a specific plan in an amount that is reasonably related to the cost of providing that document.

(Ord. 99-5 § 2 (Exh. A (part))