The purpose of these specific plan provisions is:

   A.   To establish procedures for adoption, maintenance and administration of specific plans as allowed in accordance with the provisions of section 65450 et seq., of the California Government Code and as may be required for the systematic execution of the general plan;

   B.   To provide a planning framework to guide future public and private developments and to promote flexibility while ensuring economic viability and coherent community design;

   C.   To encourage the planned development of discrete neighborhoods and to permit comprehensive site and infrastructure planning and building design;

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

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

   F.   To reduce, through clustering and master planning, the amounts of public and private improvements normally required by developments;

   G.   To maximize the choice in types of housing and living environments available to town residents; and

   H.   To allow for the nonsequential development of more remote areas in Yucca Valley provided community facilities, services, and infrastructure are supplied. (Ord. 243, 10-15-2013)

The general plan provides for the adoption of specific plans in the town where remoteness, environmental constraints or unique land use concerns require specific land use and/or design controls. All specific plans shall be consistent with the provisions of the adopted general plan. Any proposed specific plan which is not consistent with the existing adopted general plan designation may only be adopted concurrent with the adoption of the appropriate amendments to the general plan necessary to maintain consistency. (Ord. 243, 10-15-2013)

The following provisions shall apply to the designation of a specific plan district. All other applicable provisions of this town development code shall also apply. Where conflicts in regulations occur, the regulations specified in this chapter shall supersede and apply.

   A.   Upon approval of a specific plan, the specific plan zoning designation shall be applied to the zoning district map for the properties included in the specific plan.

   B.   Specific plan districts may provide innovative design and development standards that may vary from adopted town standards and between specific plan districts.

   C.   Specific plans may combine several land uses in the development plan as long as the uses are consistent with the land use designations and goals and policies of the general 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 not incompatible with each other and with existing and potential uses surrounding the specific plan zone. The commercial mixed use general plan land use designation allows for a mix of commercial, office, and high density residential uses. Other mixes of land uses may require appropriate amendments to the general plan necessary to maintain consistency.

   D.   Standards for building coverage, height, orientation, as well as light and air, sign placement and design, site planning, street furniture placement and design, setback requirements, open spaces, off street parking, screening for specific plan uses, and other specified standards, shall be governed by the development standards set forth in the specific plan and other applicable codes and ordinances. Standards in an adopted specific plan may supersede the same or similar standards in other town codes and ordinances. Where no standards are provided in a specific plan, adopted town codes and standards shall apply.

   E.   The specific plan shall contain criteria providing for any required public and/or private open space and performance standards for the improvement and maintenance of such open space.

   F.   In accordance with town ordinances, all electrical and telephone facilities, fire alarm conduits, streetlight wiring, cable television, and other wiring, conduits or facilities shall be placed underground. Underground electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities. (Ord. 243, 10-15-2013)

   A.   General Requirements For A Specific Plan Proposal: Property that is held in single or multiple ownership may be considered for a specific plan. The town, property owner(s), or owner's representative, may initiate the specific plan.

   B.   Presubmittal And Preparation Of Specific Plans: A presubmittal application and a draft specific plan shall be submitted to the planning division before filing a formal specific plan application. A preapplication conference with the planning division is required prior to the filing of the formal specific plan application.

   C.   Draft Specific Plan: A draft specific plan application shall contain text and diagrams which include all of the elements outlined in state Government Code sections 65451 and 65452. In addition, specific plans shall include an inventory of natural resources that are deemed to be significant to the project area and environmentally sensitive habitat areas, an analysis of existing infrastructure, and a proposal for detailed land uses, regulations, conditions, and programs as are necessary or convenient for the systematic implementation of the general plan and its various elements as may be appropriate. The town's planning division shall make available detailed guidelines for the preparation of specific plans. Specifically, a draft specific plan shall include the following information:

      1.   A survey of the property, showing existing features including trees, structures, fences and walls, streets, easements, utility lines, land uses, existing zoning, and existing ownership;

      2.   An illustrative plan and conceptual site plan of the development of the entire specific plan area delineated on one or more maps showing:

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

         b.   General plan land use and zoning designations;

         c.   Where appropriate, a slope analysis, including the number of acres in each slope category.

      3.   A general outline of the specific plan text describing the goals, objectives, and policies/concept; a tabulation of the land area to be devoted to various uses, including open space; 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 residential, commercial and/or industrial uses when those uses are proposed;

      4.   The text shall include development standards to be implemented as performance standards for the specific plan, including:

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

         b.   A description of the proposed grading program including a topographic map showing areas of major grading;

         c.   Identification of proposed future ownership and maintenance of streets, driveways, sidewalks, pedestrianways and open space areas;

         d.   A brief discussion of the project as it relates to each of the general plan elements, including land use, circulation, housing, open space/conservation, noise, and safety;

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

         f.   A statement and detailed description for the method of financing for the installation of any public infrastructure.

      5.   After reviewing the draft specific plan, the director 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.

   D.   Final Specific Plan: The final specific plan shall contain the information contained in the draft specific plan and other additional information as determined to be necessary by the director, commission, or council. This additional information may include, but shall not be limited to, the following:

      1.   Copies of legal documents required for dedication or reservation of public or private open space, for the creation of homeowners' associations for open space maintenance, or for the creation of financing districts;

      2.   A fiscal impact analysis as may be required by the director;

      3.   A market study discussing the viability of the proposed project as may be required by the director. (Ord. 243, 10-15-2013)

Before taking any action to approve a specific plan, the planning commission and council shall find that the proposed specific plan conforms to the following criteria:

   A.   The proposed specific plan meets all of the following content criteria:

      1.   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;

      2.   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;

      3.   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;

      4.   Specifies a program of implementation measures including regulation, programs, public works projects, and financing measures necessary to carry out subsections A1, A2 and A3 of this section;

      5.   Includes a statement of the relationship of the specific plan to the general plan, development code, and any other applicable plan or ordinance;

      6.   Addresses any other subjects which are necessary for implementation of the general plan.

   B.   The location and design of the proposed development will be consistent with the goals and policies of the general plan and with any other applicable plan or policies adopted by the town and with any other applicable provisions of this development code.

   C.   The proposed location will allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be appropriate.

   D.   All vehicular traffic generated by the development, either in phased increments or at full build out, will be accommodated safely and without causing significantly increased congestion upon adjoining streets.

   E.   The final specific plan will identify a methodology 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 development code, the town may require that suitable areas be reserved for uses such as schools, parks and pedestrianways; public open spaces may be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development.

   F.   In accordance with the requirements of the California environmental quality act (CEQA), environmental impacts have been reduced to a level of nonsignificance; or in the case where such impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation after certification of the environmental impact report.

   G.   The proposed specific plan shall contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

   H.   The proposed specific plan will not be detrimental to the public health, safety, or welfare of the town. (Ord. 243, 10-15-2013)

   A.   Upon receipt in proper form of a specific plan application, or direction of the council, and following planning division review as provided for in this chapter, public hearings shall be set before the commission and council.

   B.   The commission may recommend to the council approval or denial of a proposed specific plan, or may recommend approval subject to specified modifications or conditions.

   C.   The council may approve, approve with modifications or conditions, or deny the final specific plan provided that, in overruling a commission recommendation for denial, the council shall make the findings listed in section 9.70.050, "Required Findings", of this chapter.

   D.   Minor changes to an approved final specific plan may be made by the director, provided that such changes are nonsignificant and consistent with all of the purposes and character of the approved final specific plan. Minor changes shall not include:

      1.   Changes in the densities established in the approved final specific plan;

      2.   Changes to the boundaries of the subject property, or any use as shown on the approved final specific plan;

      3.   Substantial changes in the locations or amounts of land devoted to specific land uses.

   E.   All modifications or amendments to an approved final specific plan, other than minor changes as provided for in subsection D of this section, shall be processed as a specific plan amendment and shall be subject to all specific plan procedures. (Ord. 243, 10-15-2013)

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

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

   B.   The approved final specific plan shall be filed in the office of the town clerk and in the office of the director.

   C.   No building within the boundaries of an approved specific plan shall be constructed, maintained or used other than for the purpose specified in the approved final specific plan. (Ord. 243, 10-15-2013)

   A.   The commission and council, based upon a recommendation from the Yucca Valley parks, recreation and cultural commission, may as a condition of approval, require that suitable areas for parks be dedicated or in lieu fees be paid as determined for the entire specific plan area, and in compliance with applicable ordinances and requirements.

   B.   The commission and council, based upon a recommendation from the Morongo unified school district, may as a condition of approval, require that land for schools and other public uses be reserved for public use, or be reserved for the owners and residents in the development by deed restrictions.

   C.   Whenever group or common open space is provided, whether required or not, the commission and council shall, as a condition of approval, require that some provision be made for applicable perpetual maintenance of such open space.

   D.   The form of any instrument used to assure open space maintenance shall be approved by the town attorney and director 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 town may be party in interest in any such development for purposes of enforcing the provisions of this chapter, including bringing of any enforcement actions deemed appropriate by the town.

   E.   To assure that open space is provided within specific plan areas, public and open space sites shall be dedicated in advance of development (prior to the issuance of building permits) whenever such dedication is so required, even in those cases when a subdivision map is not required. Other appropriate dedications for street, utility and flood control rights of way and for easements and other public purposes may also be required before the issuance of the first building permit, or when otherwise determined to be appropriate by the council. (Ord. 243, 10-15-2013)

   A.   Specific Plan Fees: The application shall be accompanied by a fee established by resolution of the council to cover the cost of handling and processing the application as prescribed in this chapter.

   B.   Fees For Subsequent Development Approvals: When the town prepares a specific plan for an area, the council may establish a special fee upon applicants seeking approval of development projects which are located within said specific plan area. The fees shall be sufficient, in the aggregate, to recover the costs of preparation, adoption, and administration of the specific plan. The fees to each applicant shall be a prorated amount in accordance with the applicant's relative benefit derived from the plan. (Ord. 243, 10-15-2013)

No land use application may be approved, no public works projects may be approved, and no land use designation within an adopted specific plan may be amended unless it is consistent with the adopted specific plan. (Ord. 243, 10-15-2013)

If a specific plan is prepared and receives approval of a program EIR, then all subsequent development within the boundaries of the specific plan are exempt from further environmental review, unless otherwise required by the California environmental quality act. (Ord. 243, 10-15-2013)

Refer to chapter 9.83, "Permit Amendments", of this title. (Ord. 243, 10-15-2013)

Refer to chapter 9.84, "Permit Revocations", of this title. (Ord. 243, 10-15-2013)