Chapter 17.78
Specific Plans
Sections:
17.78.030 Minimum Project Area
17.78.050 Preparation and Content
17.78.060 Processing and Review
17.78.070 Adoption of Specific Plan
17.78.080 Implementation and Amendments
17.78.010 - Purpose of Chapter
This Chapter provides procedures for the preparation, processing, review, adoption, and amendment of specific plans.
17.78.020 - Applicability
A. When required. When required by the Council, the General Plan, or this Development Code to systematically implement the Local Coastal Program, a specific plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.
B. Review authority. An application for a specific plan shall be considered by the Commission, and approved or disapproved by the Council.
C. Effect of specific plan. The regulations provided by an adopted specific plan shall replace those of the applicable zoning district, and the development standards and design guidelines identified in the specific plan shall take precedence over the general standards contained in this Development Code and any City adopted design guidelines.
D. Coastal Commission Certification. The portions of a Specific Plan that meet the definition of “Land Use Plan” as defined by Coastal Act Section 30108.5 and “Implementing actions” as defined by Coastal Act Section 30108.4 shall be submitted to, and effectively certified by, the Coastal Commission as an LCP amendment before those portions of the Specific Plan become effective.
17.78.030 - Minimum Site Area
The minimum site area for a specific plan shall be five acres. The site may be one lot under single ownership or a combination of adjoining parcels subject to a unified planning concept.
17.78.040 - Initiation
A specific plan may be initiated by a resolution by the Council, or by the filing of an application with the Department by the owner or authorized agent of property for which the specific plan is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application.
17.78.050 - Preparation and Content
The draft specific plan shall include detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451).
A. Required information. At a minimum, the following information shall be provided:
1. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the specific plan, including open space areas;
2. Infrastructure. The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, potable water, sewers, solid waste disposal, utilities, coastal access to surrounding developed and undeveloped areas, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed land uses;
3. Land use and development standards. Standards, criteria, and design guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. Implementation measures. A program of implementation measures, including financing, methods, programs, regulations, and public works projects, necessary to carry out and provide:
a. Development and conservation standards and criteria, infrastructure, and land uses;
b. Public services, facilities and utilities, based on a nexus between development exactions being imposed and the development-induced needs being met by those exactions;
c. Orderly phasing of the development; and
d. Other measures needed to protect the health, safety, and well-being of the community.
5. Relationship to General Plan. A discussion of the relationship of the specific plan to the goals, policies, and objectives of the General Plan;
6. Conformance to the Local Coastal Program. A discussion of the conformance of the specific plan to the policies of the certified Local Coastal Program, including but not limited to policies regarding the protection of environmentally sensitive habitat areas, public access, geologic hazards, and visual resources; and
7. Additional information. The specific plan shall contain additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable goals, policies, and objectives of the General Plan and Local Coastal Program, or any other issue(s) determined by the Director to be relevant.
B. Costs to be borne by the applicant. The specific plan, and all environmental studies required as a result of the specific plan, shall be paid for by the applicant who may be repaid by future developers of other portions of the specific plan area on a pro rata basis.
17.78.060 - Processing and Review
A draft specific plan shall be processed in the same manner as required for general plans by State law, and as follows:
A. Public meetings required for City-initiated specific plans.
1. Before preparation of the draft specific plan, the City shall hold at least one public/neighborhood meeting to identify potential community impacts and concerns relating to the proposed plan concept.
2. Before consideration of the draft specific plan by the Commission and Council, the City shall hold at least one public/neighborhood meeting to review the plan with the local community.
3. Public notice of the public/neighborhood meetings is required in compliance with Chapter 17.96 (Public Hearings).
B. Application filing. The following shall apply if the specific plan is initiated by the filing of a specific plan application:
1. An application for a specific plan shall be filed and processed in compliance with Chapter 17.70 (Application Filing and Processing).
2. The application shall be accompanied by the information identified in the Department handout for specific plan applications and Section 17.78.050 (Preparation and Content), above.
C. Environmental review. The draft specific plan shall be subject to environmental review as identified in Chapter 17.72 (Environmental Impact Assessment and Mitigation Monitoring);
D. Staff report. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations and proposed findings necessary for adoption of the plan; and
E. Public hearings. A proposed specific plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:
1. Commission.
a. The Director shall schedule a public hearing on the proposed specific plan.
b. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
c. After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or disapprove the proposed specific plan, based on the findings identified in Section 17.78.070 (Adoption of Specific Plan), below.
2. Council.
a. After receipt of the Commission’s recommendation, the City Clerk shall schedule a public hearing on the proposed specific plan.
b. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
c. After the public hearing, the Council may adopt the specific plan, disapprove the plan, or adopt the plan with modifications, with appropriate findings in compliance with Section 17.78.070 (Adoption of Specific Plan), below; provided, any substantial modifications to the plan that were not previously considered by the Commission shall be first referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356).
17.78.070 - Adoption of Specific Plan
A. Council’s action. The Council may adopt a specific plan only after first finding that:
1. The proposed specific plan is consistent with the General Plan and the certified Local Coastal Program;
2. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc. as identified in the proposed specific plan), will ensure that future development will not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and base zoning district in which the property is located;
3. The proposed specific plan will:
a. Ensure quality development by encouraging greater creativity and aesthetically pleasing designs for the individual components of the development and the development as a whole;
b. Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and
c. Promote a harmonious variety of housing choices and commercial and industrial activities, if applicable; attain a desirable balance of residential and employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space.
4. The subject site is:
a. Physically suitable for the proposed land use designations;
b. Physically suitable for the type and density/intensity of development being proposed;
c. Adequate in shape and size to accommodate the proposed development; and
d. Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.
B. Adoption. The specific plan shall be adopted by ordinance, or by resolution of the Council, in compliance with State law (Government Code Section 65453). The portions of a Specific Plan that meet the definition of “Land Use Plan” as defined by Coastal Act Section 30108.5 and “Implementing actions” as defined by Coastal Act Section 30108.4 shall be submitted to, and effectively certified by, the Coastal Commission as an LCP amendment before those portions of the Specific Plan become effective.
17.78.080 - Implementation and Amendments
A. Development within specific plan area. After the adoption of a specific plan, all proposed development and new land uses within the area covered by the specific plan shall be consistent with the specific plan. No City approval (for example, a public works project, Tentative Map, Parcel Map for which a Tentative Map was not required, Coastal Development Permit, a Conditional Use Permit, Design Review Permit, etc.) or an amendment to this Development Code may be approved/adopted within an area covered by a specific plan unless it is first found consistent with the specific plan.
B. Specific plan fee. The Council may impose a specific plan fee on development permits within the specific plan area, in compliance with State law (Government Code Section 65456).
C. Amendments.
1. An adopted specific plan may be amended through the same procedure specified by this Chapter for the adoption of a specific plan.
2. The specific plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).
3. Any amendments to an approved specific plan that modify the certified LCP shall be submitted to the Coastal Commission for certification as an LCP amendment before they are effective.