Chapter 18.170 - Specific Plans
Sections:
18.170.010 - Purpose of Chapter
18.170.020 - Specific Plan Preparation and Content
18.170.030 - Filing and Processing
18.170.040 - Adoption of Specific Plan
18.170.050 - Implementation, Amendments
18.170.010 - Purpose of Chapter
A. The purpose of this Chapter is to provide for a Specific Plan when required by the General Plan or this Development Code to systematically implement the General Plan for any part of the Town.
B. A Specific Plan is a legislative act and not a land use permit or entitlement.
C. Specific Plans shall be prepared, processed, approved, (or denied) and implemented in compliance with this Chapter.
18.170.020 - Specific Plan Preparation and Content
An applicant shall prepare a draft Specific Plan for review by the Town that includes the following detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the Director and State law (Government Code Section 65451). The Council may also initiate the preparation of a Specific Plan.
A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
B. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, drainage, energy, sewage, solid waste disposal, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses;
C. Land use and development
standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
D. Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
E. Relationship to General
Plan. A discussion of the relationship of the Specific Plan to the General Plan; and
F. Additional information. The Specific Plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
18.170.030 - Filing and Processing
A draft Specific Plan shall be filed with the Director, and shall be accompanied by the fee required by the Council's Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by State law (Government Code Sections 65350 et seq.), and as follows:
A. Director evaluation. After the filing of a draft Specific Plan, the Director shall review the draft plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with a written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance;
B. Public participation. The Director may recommend and the Council may approve a process to obtain maximum public participation early in the review process of the Specific Plan. The process would be designed to obtain public input before the completion of the environmental review document and the scheduling of formal public hearings on the plan.
C. Environmental review. The draft Specific Plan shall be subject to environmental review in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment);
D. Staff report. A staff report shall be prepared for the draft Specific Plan which shall include detailed recommendations for changes to the text and diagrams of the Specific Plan, as necessary, to make it acceptable for adoption; and
E. Public hearings. A proposed Specific Plan shall be subject to public hearings before both the Commission and Council prior to its adoption, as follows:
1. Commission hearing. The Director shall schedule a public hearing on the proposed Specific Plan. The hearing shall receive public notice and be conducted in compliance with Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Section 18.170.040 (Adoption of Specific Plan); and
2. Councils action.
a. A public hearing on the Specific Plan shall be scheduled before the Council. The hearing shall be noticed and conducted in compliance with Chapter 18.180 (Public Hearings).
b. After the hearing, the Council may adopt the Specific Plan, may deny the plan, or may adopt the plan with modifications, with appropriate findings in compliance with Section 18.170.040 (Adoption of Specific Plan).
3. Referral to Commission. If the Council proposes to adopt any substantial modifications to the plan not previously considered by the Commission during its hearing, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with State law (Government Code Section 65356). Failure of the Commission to report back to the Council within 45 days after the referral, or within a longer time period set by the Council, shall be deemed a recommendation for approval of the modifications.
18.170.040 - Adoption of Specific Plan
A. Finding. The adoption of a proposed Specific Plan is entirely at the discretion of the Council. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the General Plan, and other adopted goals and policies of the Town.
B. Adoption. The Specific Plan shall be adopted by ordinance, and/or by resolution of the Council, in compliance with State law (Government Code Section 65453).
18.170.050 - Implementation, Amendments
A. Development within Specific
Plan area.
1. After the adoption of a Specific Plan, a land use permit, public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan, in compliance with State law (Government Code Section 65455).
2. The Council may impose a Specific Plan Fee surcharge on development permits within the Specific Plan area, in compliance with State law (Government Code Section 65456).
B. Amendments. An adopted Specific Plan shall be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.