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CHAPTER 9. GENERAL PLAN AND SPECIFIC PLANS

10-9.101 Purpose.

State law requires every city to adopt a comprehensive, long-term general plan for the physical development of the city, and of any land outside city boundaries which bears a relation to its planning. State law also authorizes the preparation of specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan. The purpose of this Article is to establish a process for the adoption and amendment of the City's General Plan and any Specific Plan. As used in this Article, the term "Plan" shall refer to both the General Plan and any Specific Plan. As used in this Article, the term "amendment" shall include both the adoption of a new Plan as well as any addition, deletion, repeal or change in an existing Plan. (§1, Ord. 1842, eff. 8/4/94)

10-9.102 Contents of General Plan.

The General Plan shall include all matters required by state law and may include any other matters which in the judgment of the City are necessary or desirable. (§1, Ord. 1842, eff. 8/4/94)

10-9.103 Contents of Specific Plan.

(a) A Specific Plan shall include a text and a diagram or diagrams which specify all of the following in detail:

(1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

(2) 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) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

(4) A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3).

(5) A statement of the relationship of the Specific Plan to the General Plan.

(b) A Specific Plan may include the following:

1. Regulations limiting the location of buildings and other improvements with respect to existing or planned rights-of-way. Where a specific plan shows a future right-of-way line, any yards required by this chapter shall be measured from such future right-of-way lines.

2. Modifications of the use of the land and buildings, the height and bulk of buildings, and the open spaces about buildings otherwise regulated by this chapter.

3. Street and highway naming and numbering plans in order to establish the official names of streets and highways, to remove conflicts, duplication and uncertainty among such names, and to provide an orderly system for the numbering of buildings and properties.

4. Such other measures as may be required to ensure the execution of the general plan or which will accomplish the purposes of this chapter. (§1, Ord. 1842, eff. 8/4/94)

10-9.104 Initiation of Amendment.

A Plan amendment may be initiated in any of the following manners:

a. The City Council may request that the Planning Commission study and report back to the City Council concerning a proposed amendment; or

b. The Planning Commission may, on its own initiative, study and make recommendations to the City Council concerning a proposed amendment; or

c. The Planning Manager may request that the Planning Commission study and make recommendations to the City Council concerning a proposed amendment; or

d. One or more of the owners of real property, or their duly authorized agents, may file an application with the Planning Manager for a change in the Plan designation of such property or for the adoption of a Specific Plan for an area which includes such property. The application shall be on a form prescribed by the Planning Manager and shall include such data as is required by the Planning Manager. The application shall be accompanied by a fee in the amount prescribed by the City Council resolution establishing fees. (§1, Ord. 1842, eff. 8/4/94; §18, Ord. 2209, eff. 3/19/21)

10-9.105 Preliminary Review by City Council.

Following the initiation of an amendment to a Plan, the Planning Manager may, in his or her sole discretion, refer the proposed amendment to the City Council for a preliminary review. A public hearing shall be scheduled before the City Council for the purpose of such a preliminary review. Following the hearing, the City Council may either deny the proposed amendment or direct staff to continue to process the proposed amendment. If the City Council directs staff to continue to process the proposed amendment, this direction shall not be construed as support for the proposed amendment. (§1, Ord. 1842, eff. 8/4/94; §18, Ord. 2209, eff. 3/19/21)

10-9.106 Referral to Public Entities.

Following the initiation of a substantial amendment to a Plan, if the City Council does not deny the proposed amendment following a preliminary review, the Community Development Department shall refer the proposed amendment to all of the following entities:

a. Any city or county, within or abutting the area covered by the proposal, and any special district which may be significantly affected by the proposed action, as determined by the Community Development Department.

b. Any elementary, high school, or unified school district within the area covered by the proposed action.

c. The Local Agency Formation Commission of Contra Costa County.

d. Any area-wide planning agency whose operations may be significantly affected by the proposed action, as determined by the Community Development Department.

e. Any federal agency if its operations or lands within its jurisdiction may be significantly affected by the proposed action, as determined by the Community Development Department.

Each entity receiving the proposed amendment shall have 45 days to comment, unless a longer period is specified by the Community Development Department.

This section is directory, not mandatory, and the failure to refer a proposed action to the other entities specified in this section does not affect the validity of any action taken by the City. (§1, Ord. 1842, eff. 8/4/94)

10-9.107 Notice and Public Hearing.

A public hearing on the proposed amendment shall be scheduled before the Planning Commission. Notice of the public hearing shall be given as follows:

a. At least ten (10) days prior to the public hearing, notice of the public hearing shall be published once in a newspaper of general circulation within the City.

b. If the proposed amendment would affect the permitted uses or intensity of uses of real property, notice of the public hearing shall also be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, to the project applicant and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

The notice given pursuant to this section shall include the date, time and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. (§1, Ord. 1842, eff. 8/4/94)

10-9.108 Recommendation by Planning Commission.

Following the public hearing, the Planning Commission shall make a written recommendation on the proposed amendment to the City Council. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Commission. Notwithstanding the foregoing, the Planning Commission may, but is not required to, make a recommendation to the City Council if the proposed amendment was initiated by the Planning Commission. (§1, Ord. 1842, eff. 8/4/94)

10-9.109 Transfer to City Council.

If the City Council initiated an amendment and the Planning Commission fails to act upon such request within a reasonable time as determined by the City Council, the City Council may, by written notice, require the Planning Commission to render its recommendation within forty (40) days of the date of such notice. If the Planning Commission does not render its recommendation to the City Council within the forty-day period, the Planning Commission shall be deemed to have recommended the approval of the proposed amendment. (§1, Ord. 1842, eff. 8/4/94)

10-9.110 Notice and Public Hearing by City Council.

Upon receipt of the recommendation from the Planning Commission, a public hearing on the proposed amendment shall be scheduled before the City Council. At least ten (10) days before the public hearing, notice of the public hearing shall be published once in a newspaper of general circulation within the City. (§1, Ord. 1842, eff. 8/4/94)

10-9.111 Decision by City Council.

Following the public hearing, the City Council may amend the Plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the City Council. The City Council may approve, modify, or disapprove the recommendation of the Planning Commission. However, any substantial modification proposed by the City Council not previously considered by the Planning Commission during its hearings shall first be referred to the Planning Commission for its recommendation. The failure of the Planning Commission to report back within forty-five (45) calendar days after the reference, or within the time set by the City Council, shall be deemed a recommendation for approval. A resolution amending the General Plan shall take effect thirty (30) days after its adoption by the City Council. (§1, Ord. 1842, eff. 8/4/94)

10-9.112 Delivery to Public.

A copy of the amendment shall be sent to all public entities specified in section 10-9.10 and any other public entities that submitted comments on the amendment. Copies of the documents amending the Plan, including the diagrams and text, shall be made available to the general public as follows:

a. Within one working day following the date of adoption, the clerk of the legislative body shall make the documents adopting or amending the plan, including the diagrams and text, available to the public for inspection.

b. Within two working days after receipt of a request for a copy of the documents amending the plan, including the diagrams and text, accompanied by payment for the reasonable cost of copying, the clerk shall furnish the requested copy to the person making the request.

A fee shall be charged for copies of any Plan or amendments in an amount prescribed in the City Council resolution establishing fees. (§1, Ord. 1842, eff. 8/4/94)

10-9.113 Limitation on Amendments.

Except as provided in Government Code section 65358, no mandatory element of the General Plan shall be amended more frequently than four (4) times during any calendar year. Each amendment may include more than one change to the General Plan. (§1, Ord. 1842, eff. 8/4/94)

10-9.114 Administration of General Plan.

(a) Following adoption of a General Plan or any part thereof, the Planning Manager shall:

(1) Investigate and make recommendations to the City Council regarding means for implementing the General Plan.

(2) Provide an annual report to the City Council on the status of the General Plan and progress in its implementation, including the progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing.

(3) Each governmental body whose jurisdiction lies wholly or partially within the City and who functions include recommending, preparing plans for, or constructing major public works, shall, no later than April 1 of each year, submit to the Community Development Director a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The Community Development Director shall list and classify all such recommendations, together with recommendations relating to the City's major public works, and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. The coordinated program shall be reviewed by the City Council for conformity with the General Plan.

(b) No real property shall be acquired by dedication or otherwise for public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the General Plan applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported on by the City Council as to conformity with the General Plan. The City Council shall render its report as to conformity with the General Plan within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the City Council. The provisions of this subsection (b) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposed; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignments projects are of a minor nature. (§1, Ord. 1842, eff. 8/4/94; §18, Ord. 2209, eff. 3/19/21)

10-9.115 Specific Plan Administration.

a. No building permit shall be issued nor shall any building be constructed, structurally altered or enlarged on any parcel of land affected by a specific plan except in conformity with the provisions of said specific plan.

b. No site development of private property which lies within territory included within a specific plan shall be developed except in conformity with said specific plan.

c. Where a specific plan indicates a future street or the widening of an existing street, the actual street right-of-way lines may be altered if necessary to provide traffic channelization at any existing or proposed driveway or street intersection.

d. No street shall be improved, and no other improvements shall be laid out or authorized in any street within any territory upon which a specific street plan has been adopted until the matter has been referred to the Planning Commission for a report as to conformity with such specific street plan, and a copy of the report has been filed with the City Council unless one of the following conditions applies:

1. The street has been accepted, open, or has otherwise received the legal status of a public street prior to the adoption of the specific plan.

2. The street corresponds with streets shown on the specific plan.

3. The street corresponds with streets shown on a subdivision map or record of survey approved by the City Council.

4. The street corresponds with streets on a subdivision map previously approved by the Planning Commission.

Failure by the Planning Commission to report to the City Council within forty (40) days after the matter was referred to said Commission shall be deemed approval of the proposal. (§1, Ord. 1842, eff. 8/4/94)