Pursuant to Article 8 of the California Government Code, the city council is authorized to prepare, adopt and implement specific plans for areas within the incorporated city and unincorporated sphere of influence.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

The intent and purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans within the city and the unincorporated sphere of influence.

(Ord. 855 (part), 1982)

A.

The provisions of this chapter shall apply to all parcels of land delineated within a specific plan area as adopted pursuant to Section 18.78.060. No building or grading permit, conditional development permit, variance, tentative map or any other entitlement shall be granted for any parcel within an adopted specific plan area which would be inconsistent with the goals and policies of said specific plan.

B.

The provisions of this chapter shall not apply to the following:

1.

Any valid tentative map, conditional development permit or any other entitlement approved or in effect prior to the effective date of city council adoption of a specific plan.

(Ord. 855 (part), 1982)

For the purpose of this chapter, the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the city zoning ordinance.

A.

"Residential density" means the average number of residential dwelling units per net acre of land.

B.

"Net acre" means the average number of dwelling units per acre, exclusive of public streets and other public rights-of-way.

C.

"Director" means the director of development services for the city or his/her designated representative.

D.

"General plan" means the general plan of the city.

E.

"Land use" means an existing or proposed use of property.

F.

"Specific plans" means a report consisting of text, maps and other documents and exhibits regulating development within a specified area of the city and/or unincorporated sphere of influence prepared and adopted pursuant to the provisions of the California Government Code, the general plan and this chapter.

G.

"Development review committee (DRC)" means a committee composed of the director of development services, city engineer, police chief, fire chief and chief building official or their designated representatives with specified duties and responsibilities of reviewing and approving precise plans of design for development proposed within the city, pursuant to city council Resolution No. 2326.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

Specific plans shall include all detailed regulations, conditions, programs and proposed legislation which shall be necessary or convenient for the systematic implementation of the general plan and in regard to the following:

A.

The location of housing, business, industry, open space, agriculture, recreation facilities, educational facilities, churches and related religious facilities, public buildings and grounds, solid and liquid waste disposal facilities, together with regulations establishing height, bulk and setback limits for such buildings and facilities, including the location of areas, such as floodplains or unstable terrain, where no building will be permitted in the absence of adequate precautionary measures being taken to reduce the level of risk to that comparable with adjoining and surrounding areas;

B.

The location and extent of existing or proposed streets and roads, their names or numbers, the tentative proposed widths with reference to prospective standards for their construction and maintenance, and the location and standards of construction, maintenance and use of all other transportation facilities whether public or private;

C.

Standards for population density and building density, including lot size, permissible types of construction, and provisions for water supply, sewage disposal, stormwater drainage and the disposal of solid waste;

D.

Standards for the conservation, development and utilization of natural resources; such standards shall include, where applicable, procedures for flood control, for prevention and control of pollution of rivers, streams, creeks, and other waters, regulation of land use in stream channels and other areas which may have a significant effect on fish, wildlife and other natural resources of the area, the prevention, control and correction of soil erosion caused by subdivision roads or any other sources and the protection of watershed areas;

E.

The implementation of all applicable provisions of the open space element of the general plan;

F.

Such other information as is deemed necessary by the director of development services to assure that the proposed specific plan is consistent with the provisions of state law, the general plan and any other laws and regulations of the city and all other local agencies.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

A.

Prior to the preparation of any specific plan within the city or its adopted sphere of influence, the city council shall, by resolution, authorize the planning division to accept and process said proposed specific plan.

B.

Applications for city review of any specific plan proposed by an individual or group of individuals shall be filed, together with the required documents as stated in Section 18.78.050, with the city. Prior to the preparation of any specific plan, the applicant(s) shall discuss the proposed plan with the director of development services or his/her designee so that the necessary subsequent steps may be undertaken with a clear understanding of the city's requirements.

C.

City proposed specific plans shall be initiated by the city planning commission and authorized by resolution of the city council.

D.

All specific plans shall be subject to the requirements of the California Environmental Quality Act (CEQA) of 1970 and City Environmental Guidelines. In cases in which a master environmental impact report has been prepared for a specific plan, subsequent projects proposed in accordance with the adopted specific plan and within the scope of development anticipated at the time of certification of the master environmental impact report, and if permitted under state law, shall not require additional environmental review.

E.

The planning commission and city council shall hold a public hearing on the proposed adoption or amendment of a specific plan. Any hearing may be continued from time to time as deemed appropriate and necessary by the planning commission and city council.

F.

The planning commission shall review all proposed specific plans or any amendment to an adopted specific plan. Upon the close of the required public hearing, the commission shall act by resolution to adopt, reject or modify the proposed specific plan and forward its recommendation and findings to the city council for action.

G.

The city council shall review the planning commission's findings and recommendations. Upon the close of the required public hearing, the city council shall act by resolution or ordinance to adopt, reject or modify said proposed specific plan or proposed amendment. The proposed specific plan shall be adopted by ordinance when the plan amends a development code, zoning ordinance or other municipal code and when specific regulatory measures are included. The specific plan shall be adopted by resolution when the plan is a policy document and it contains no specific implementation or regulatory measures.

H.

If the city council changes or modifies a proposed specific plan recommended by the planning commission, the change and/or modifications must first be referred back to the commission for consideration, pursuant to the provisions of Government Code Section 65504.

I.

Prior to approving or conditionally approving any specific plan or amendment thereto, the following findings shall be made by the planning commission and city council that the specific plan:

1.

Is consistent with the goal and policies of the general plan and with its purposes, standards and land use guidelines;

2.

Will help to achieve a balanced community of all races, age groups, income levels and ways of life;

3.

Results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood;

4.

Contributes to a balance of land uses that will enable local residents to work and shop in the community in which they live;

5.

Respects the environmental and aesthetic assets of the community consistent with economic realities; and

6.

Incorporates, where feasible, active and passive energy conservation measures.

J.

When a specific plan is adopted by resolution, the plan shall become effective immediately upon adoption. When adopted by ordinance, the specific plan shall be effective thirty days after final adoption by the city council.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

A.

All specific plans shall be in conformance with the various elements, goals, objectives and policies of the city general plan.

B.

Where necessary, zoning shall be brought into conformance with the specific plan land uses within a reasonable time after adoption of the plan.

C.

No street shall be improved and no sewers or connections or any other improvements shall be made or authorized in any street within any area for which there is an adopted specific street or highway plan until the matter has been referred to the community development director or planning commission, as applicable, for report as to conformity with such specific plan.

D.

No street shall be improved, no sewers or connections or other improvements shall be made or public building or works including school buildings constructed within any territory for which the city council has adopted a specific plan regulating the development of the use of open space land and landscaping until the finding has been made that the open space land and landscaping are in substantial compliance with the adopted specific plan. Said determination shall be rendered by the community development director or planning commission, as applicable.

(Ord. 855 (part), 1982)

(Ord. No. 1645, § 3, 7-14-20)

Property annexed to the city within a specific plan area shall be automatically zoned in conformance with the specific plan effective upon the effective date of said annexation.

(Ord. 855 (part), 1982)

No development shall occur or building permits issued within an adopted specific plan area until the proposed development is reviewed by the community development director or planning commission, as applicable for the particular use or building, and found to be consistent with the specific plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

A.

Conformance with the land use designation;

B.

Conformance with specific development standards, goals and policies of the specific plan;

C.

Conformance with the intended density of the zone of the site.

(Ord. 855 (part), 1982)

(Ord. No. 1645, § 3, 7-14-20)

The city council may establish as a part of the resolution authorizing the planning division's acceptance and processing of a specific plan, a fee or fees to be applied to a specific plan area in order to reimburse the city for the costs of preparation, processing or implementation of said specific plan. If a specific plan is initiated and prepared by the city, actual costs of said preparation and processing of the plan shall be assessed based on relative benefits to the affected property owners. In the case of a city initiated and prepared specific plan, the resolution containing the necessary findings for council's adoption of said plan shall also contain the city costs related to said preparation and prorated fees charged to affected property owners which shall be assessed at the time of building permits.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

A.

Appeals to decisions rendered by the planning division pursuant to the provisions of this chapter shall be made in writing to the planning commission. Any appeal shall be filed with the director of development services within fifteen days after notification of the decision. Within thirty days after receipt of the appeal, the director of development services shall set the matter for hearing by the planning commission and give notice of the date, time and place thereof to the appellant and to any other party at interest who has requested in writing to be so notified, and no other notice thereof need be given. The planning commission shall review the plan, permit application or matter under consideration and shall approve, conditionally approve, or disapprove the appeal, based on findings of conformance with the goals and policies of the specific plan and general plan. The decisions of the planning commission shall become final unless appealed to the city council within fifteen days of the decision.

B.

The applicant or any interested person may appeal the decision of the planning commission subject to the provisions of Chapter 18.68. The city council shall review the matter under consideration and shall approve, conditionally approve, or disapprove the appeal, based on findings of conformance with the goals and policies of the specific plan and general plan. The decision of the city council shall be final. Any administrative writ, mandamus or otherwise, must be filed within ninety days of the date of the mailing of the decision of the city council to the applicant or other interested person.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 855 (part), 1982)

Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are not inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any state laws, orders or requirements affecting such properties or areas.

(Ord. 855 (part), 1982)

If any section, subsection, sentence, clause, phrase, word or portion of this chapter are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such division shall not affect the validity of the remaining portions thereof. The city council hereby declares that they would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one of the sections, subsections, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.

(Ord. 855 (part), 1982)