The purpose of this chapter is to establish the process of preparing and adopting Specific Plans. A Specific Plan is a tool for the systematic implementation of the San Marcos General Plan that provides a framework for the distribution of land uses, infrastructure, development standards, and implementation measures necessary to implement the General Plan for a specific area of the City while taking into consideration the unique physical characteristics and resources of a particular area.

A.

Required. Preparation of a Specific Plan subject to the standards of this chapter shall be required for all new development in a SPA Zone.

1.

Minimum development size for a Specific Plan shall be five (5) acres of contiguous property.

2.

Less than five (5) acres may be permitted by the Director where the property is adjacent to an existing Specific Plan.

3.

The entire contiguous block or site of an existing undeveloped SPA Zone property.

4.

The entire contiguous block or site of a Mixed Use Zone property.

B.

Applicant Generated. A Specific Plan, subject to the standards of this chapter, may be proposed for property not designated within a SPA Zones concurrently with a request to rezone an area to a SPA Zone when a systematic framework for the distribution of land uses, infrastructure, development standards, and implementation measures would be beneficial based on the unique physical characteristics and resources of a particular area, or where the proposed project would include innovative development in the form of buildings, construction, design, or use combinations inconsistent with the established provisions of this Zoning Ordinance.

C.

Mixed Use (SP) Zones. The MU-3 (SP) and MU-4 (SP) Zones, as delineated by the Regulating Plan Figure 20.225-2, are required to prepare a Specific Plan subject to the standards of this chapter prior to development or redevelopment. Specific Plans in these Zones shall be applicant generated.

D.

State Law. All Specific Plans shall be prepared in accordance with State law (Government Code Section 65450).

E.

Regulating Document. A Specific Plan may either supplement or supersede land use regulations of this Zoning Ordinance, including all previously adopted ordinances, standards, and guidelines. Upon adoption of a Specific Plan and requisite Zone/General Plan amendments, the Specific Plan shall replace and take precedence over the Zone regulations of this Zoning Ordinance for the subject property. Where the regulations of a Specific Plan are silent, the comparable regulations of this Zoning Ordinance, and all adopted ordinances, regulations, standards, and guidelines of the City shall prevail, as deemed appropriate by the Director.

F.

Reference. "Specific Plan," as used in this Zoning Ordinance, shall refer to the entire Specific Plan document, including text and maps, consistent with State law.

A.

Compatibility. All uses shall be compatible with the intent of the General Plan and this Zoning Ordinance; maximum development intensity/density shall be consistent with the General Plan.

B.

Applicable Land. All land areas included within a SPA Zone (under multiple or single ownership or otherwise subject to unified planning by persons, corporations, or other similar legal entities) shall be subject to all applicable provisions of the adopted Specific Plan.

C.

Ridgeline Protection Mandatory. The Ridgeline Protection and Management Overlay Zone shall be applicable to all Specific Plans occurring within the ROZ, and shall not be revised or modified by such Specific Plan.

A Specific Plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the SPA Zone. All Specific Plans prepared and adopted under this chapter shall be consistent with the requirements of Government Code Section 65450 and shall, at minimum, regulate the following:

A.

Purpose. State the relationship to the goals and policies of the General Plan.

B.

Setting. State the existing and regional setting to establish the conditions and reasons for the project.

C.

Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the Specific Plan shall be designed and developed in a manner compatible with and complementary to existing and potential development in the same general vicinity.

D.

Development Standards. Establish all regulating policies and include all of the following for all building types:

1.

Building height, setbacks, massing, and design standards.

2.

Lot area, width, depth, and structural limitations.

3.

Maximum number of dwelling units and the maximum residential density (of the SPA and any individual site or portion). The distribution of units within the SPA shall be governed by the adopted Specific Plan. In the event that the General Plan does not establish a maximum residential density, the City Council shall establish the appropriate density.

4.

Usable open space provisions and requirements within the development.

5.

Off-street parking and loading facilities.

6.

Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, etc.), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the Zone boundaries shall provide for the mutual protection of the Zone and the surrounding property.

7.

Signage requirements shall be addressed, either through express adoption of Chapters 20.320 (Signs on Private Property) and 20.325 (Signs on City Property) or by a unique sign program codified in the Specific Plan.

8.

All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process on-site shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination.

E.

Site Planning. Establish a comprehensive map of all streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan.

1.

Provide site planning at the perimeter of the Zone boundaries for the mutual protection of the Zone and the surrounding property.

2.

Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site.

3.

Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture.

F.

Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed.

1.

Include physical and fiscal plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties in conformance with Chapter 20.315 (Residential Growth Management).

2.

Dedicate all public ROWs within or abutting the development to applicable City specifications.

3.

Private streets and alleys shall be designed to public street standards, or proposed modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility.

4.

Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of Specific Plan consideration by the City.

G.

Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.

H.

Phasing. Provide project development phasing for the full life of the project and anticipated schedule, including start date and completion date of each construction phase.

1.

Specific Plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through Development Site Plan Review.

The Specific Plan processes and long-term impacts of such a document require City staff involvement from pre-application through final approval. The following application process shall apply to all proposed Specific Plans within the City. The Specific Plan process is generally illustrated in Figure 20.535-1.

A.

Pre-Application Process. Prior to submitting a formal application for a Specific Plan, the applicant shall meet and confer, in preliminary consultations, with the Director and other appropriate City officials. The preliminary consultations shall be for obtaining information and guidance before entering into binding commitments that would ordinarily incur substantial expense in the preparation of plans, surveys, and other data or documents. Such consultations should be conducted based on a prepared conceptual Specific Plan and environmental constraint mapping for the entire property, which would include the following:

1.

Constraint maps identifying slope/landform areas, biological resources, archaeological resources, and surrounding and future land uses.

2.

Proposed land uses to be developed.

3.

Preliminary developmental concepts, standards, and design themes.

4.

Schematic maps, illustrative materials, and narrative sufficient to describe the general land uses, design themes, and other principal features.

5.

A preliminary development schedule, including quantitative data such as population and housing unit counts, preliminary grading estimates, land use acreage, and other data needed to illustrate the phasing of development and potential impact on public services.

6.

For submission of an application for review procedure, the Director may request the submission of a housing market analysis demonstrating the need for housing by pricing and unit numbers.

7.

A market analysis may be required by the Director for general retail, office, and industrial proposals to demonstrate the need/demand for such uses and the inadequacy of existing zoned sites and properties to meet this need. The market analysis should include the following:

a.

Define the potential trade and employment area;

b.

Estimate projected population of the trade area and identify existing population figures; and

c.

Define existing and projected potential customer buying power in the trade area for commercial developments or define the existing and potential buying power within the defined trade area.

B.

Application. Following this pre-application consultation, a formal application, including the full Specific Plan, shall be submitted, subject to a fee. The Specific Plan shall include the following:

1.

State Requirements. All requirements consistent with State law (Government Code Section 65450).

2.

Project Map. The entire Specific Plan project shall be mapped in the appropriate number of maps necessary to include all the following information:

a.

A boundary survey map with calculation of the gross land area.

b.

A tentative subdivision map if subdivision of property is proposed.

c.

A topographic map with preliminary grading and drainage plan; include specific cross-sections for sensitive areas or locations specified by the City and show adjacent lands within one hundred (100) feet of the property.

d.

A preliminary grading plan to show contour intervals no greater than two (2) feet for natural slopes of two percent (2%) or less. For natural slopes more than two percent (2%) contour, intervals shall not exceed five (5) feet.

e.

Current General Plan land use designations and Zone classification, including property within five hundred (500) feet of the project boundary.

f.

The location of structures and other significant improvements.

3.

Graphic Plan. A rendered Specific Plan map identifying all proposed land uses and improvements.

4.

Circulation Plan. A circulation plan showing existing and proposed public and private streets, pedestrian ways and/or paseos, bike paths, and/or other trail systems required to serve the proposed development. The circulation plan shall be supported by schematic mapping.

5.

Proposed Plan. A text and graphics plan, including an executive summary, detailing all the required content identified in Section 20.535.040, and any additional information pertinent to conveying the development intent, standards, and outcomes of the Specific Plan.

A.

Public Hearings. The Specific Plan process, including public hearings, is generally illustrated in Figure 20.535-1. The Planning Commission and the City Council shall hold public hearings in all cases where they are required by State law to do so; in other cases, the Planning Commission or City Council may hold such public hearings regarding a Specific Plan as it deems appropriate. All hearings shall require public noticing and hearing procedures consistent with Chapter 20.505 (Noticing and Public Hearings).

B.

Approval. The Specific Plan shall be adopted by ordinance, or by resolution of the City Council, in compliance with State law (Government Code Section 65453). The City Council's action to adopt a Specific Plan shall be accompanied by findings that the Specific Plan is in conformance with the goals, policies, and objectives of the General Plan and other adopted goals and policies of the City.

C.

Incorporation upon Approval. Upon approval, the Zoning Map shall be updated by the City. The Specific Plan, as modified and approved by the City Council, shall be incorporated into this Zoning Ordinance upon adoption.

D.

Specific Plan Fee. The City Council may impose a Specific Plan fee surcharge on development permits within the SPA, in compliance with State law (Government Code Section 65456).

E.

Action Extension. The time within which the Planning Commission or the City Council shall act on an application, beyond the stipulations of Chapter 20.505 (Noticing and Public Hearings), for a Specific Plan may be extended by the City Council.

F.

Authority to Review. Development associated with an approved Specific Plan shall commence within twenty-four (24) months of approval. When development has not commenced within this time period, the City Council shall have the right to hold public hearings to review the appropriateness of a Specific Plan, and the associated Zone change. Proper hearings and noticing subject to Chapter 20.505 (Noticing and Hearings) shall occur in conjunction with review or rescind actions.

For Specific Plans in progress, not fully developed, the Director shall annually review the Specific Plan to provide a report to the Planning Commission and City Council on the development status. A copy of the annual report shall be provided to the applicant or successors or other interested parties. The report(s) shall contain the following:

1.

A summary of Zone development progress to date, with an assessment of progress to be achieved within the forthcoming year toward the completion of development authorized by the Specific Plan.

2.

A statement of changes, if any in land uses; economic trends; housing indicators; and commercial, office-professional, and industrial trends/rates that may affect the provisions and scheduling of public facilities and services needed to serve the Specific Plan development or the completion of the adopted Specific Plan.

A.

Process. A Specific Plan may be amended in the same manner as a Zone amendment, subject to the process and required findings established by Chapter 20.530 (Amendments).

B.

Initiation. An amendment may be initiated by the City Council or by the applicant for the SPA Zone, provided such an applicant has, at the time of application submittal, demonstrated a controlling interest in the development or management of uses within the SPA Zone boundaries.