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SPECIFIC PLANS ORDINANCE 2016
., RESOLUTION NO. 2016- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 1....... DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR ZONING ORDINANCE AMENDMENT 15-03 TO .REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE OTHER MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.0701,'25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE' WHEREAS, the City desires to repeal Municipal Code Section 25.72.040, and establish a new Specific Plan Ordinance under Municipal Code Section 25.78.080, and make other minor municipal code amendments to Sections 25..28.060, 25.28.070, 25.60.060, and 25.99.020 through adoption of a zoning ordinance amendment known as 15-03 (the "Project"); and WHEREAS,-the proposed Project will make certain changes to the Palm Desert Municipal Code Section to establish a Specific Plan Ordinance in'accordance with State Government Code Sections 65450 - 65457; and WHEREAS, the Specific Plan Ordinance provides proper planning tools for-the initiation, review and processing of larger, more complex, development proposal; and 3 p WHEREAS, pursuant to' the California Environmental '&�---- p ntal Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), and , the City's local CEQA Guidelines (collectively, "CEQA"), the City is the lead agency for the proposed Project; and WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial stud ("Initial Study ) was prepared for the Project to analyze whether the Project, may cause a potentially significant effect on the environment; and WHEREAS, the City, as lead agency, has determined \ that a Negative Declaration ("ND") should be prepared in order to analyze the Project's potential environmental effects; and WHEREAS, the City circulated the ND and Initial Study for public review in the manner required by CEQA for a twenty-day review a_nd comment period pursuant to Public Resources Code section 21091(b); and WHEREAS, the City Council has carefully reviewed the Project the ND the Initial Study, all comments received on the documents, -and all other information contained in the record regarding the Project; and `e ' RESOLUTION NO. 2016- 17 WHEREAS, all other legal prerequisites to the adoption of this'Resolution have occurred. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City,of Palm Desert, California, as follows: SECTION 1. Compliance with the California Environmental Quality Act. As the decision-making body, the City Council has reviewed and considered the information contained in the record as a whole in connection with,the Project and the ND. The City finds' that the ND, Initial Study, and administrative record contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds that the ND and Initial Study have been completed in compliance with CEQA. SECTION 2. Findings on Environmental Impacts. Based on the,whole record before it, including the ND, the Initial Study, the administrative record, and all other written.and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are less than significant. The City Council further finds that there is no substantial evidence in the administrative record, as a whole supporting a fair argument that the Project may result in any potentially significant environmental impacts. The City Council finds that the ND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and anal sis of the Cit Council.J p Y Y SECTION 3. Adoption of.ND. The City Council hereby,adopts the .ND prepared for the Project, a copy of which has been provided,to each City Council Member and is on file at the City offices. SECTION 4. Approval of the Project. The City Council hereby approves the Project. SECTION 5. Notice of Determination. The City Council directs staff to prepare and file a Notice of Determination with.the Riverside County Clerk within five (5) working days of the approval of the Project. j SECTION 6. Custodian of Records. The custodian for the documents and materials that constitute the record of proceedings-on which these findings are. based is Associate Planner Eric Ceja, and the documents are available for public review at the Palm Desert Civic Center. SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall certify this Resolution was duly and properly adopted by the. City Council. 9 jgJ9 GAPlanninglEric Ceja\Case Files\ZOAIZOA 15-003 Specific PlansTublic Hearings\City Council\CC-Resolution.doc RESOLUTION NO. 2016- 17 -- PASSED, APPROVED AND ADOPTED this 28'" day of Janua 2016 b z _ Y ry- y the j following vote, to wit: ES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE d ROBERT A. SPIEGEd MAYOR ATTEST: RACHELLE D. KLASSEN, C CLERK CITY OF PALM DESERT, CALIFORNIA 4 , GAPlanning\Eric Ceja\Case Files\ZOAMA 15-003 Specific PlansTublic Hearings\City Council=-Resolution.doc L ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA REPEALING PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPTING A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR . AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE - CASE NO. 15-03 WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 28th day of January, 2016, hold a dulynoticed public hearing to consider the request b g Y the City of Palm Desert for approval of the above noted; and WHEREAS,-the Planning Commission of the City of Palm Desert, California, did on the 1st day of December, 2015, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plans" of the Palm Desert Municipal Code creates a redundant application process already covered by the City's Precise Plan application process; and F WHEREAS, an Ordinance to establish a process for Specific Plans is supported by r State Government Code Title 7 — "Planning. and Land Use", Chapter 3, Article 1 — "Local Planning", sections 65450 — 65457 — "Specific Plans", which allow local legislative bodies to carry out planning functions within their jurisdictional boundaries; and WHEREAS, the City Council of the City of Palm Desert, California, wishes to establish a Specific Plan Ordinance to provide proper tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28..070 "Freeway Commercial Overlay District," Section 25.60.060 r "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature.and reflect the changes proposed in the Specific Plan Ordinance; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals.. The City Council hereby adopts the foregoing recitals as. its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits., t r ORDINANCE NO. 131�' SECTION 2. Repeal of Palm Desert Municipal Code Section 25.72.040 "Development Plans". SECTION 3. Adoption of a Specific Plan Ordinance as Palm Desert Municipal Code Section 25.78.080 "Specific Plans". Section 25.78.080, of the Palm Desert Municipal Code is hereby adopted to read as follows: 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall-be required for development in certain U, districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment- will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. _ C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHL1 HFC\City Council Ordinance.doc ORDINANCE NO. 1303 4. Property Suitability. The specific plan or amendment is suitable and • appropriate for the location, access, and topography for the development of the s u bJ'a ctproperty. L._._; 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.060, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.060 Planned Community Development Overlay District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. Specific plan approval, as outlined in Section 25.78.080, is required for-the development of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 10 acres shall be required for a planned community development. 2. Specific plan required. Any application for the development of a parcel(s) in the PCD overlay zone shall be accompanied by a specific plan for the entire area covered b the application. The specific Ian shall. be prepared in . Y pp p. p . p p accordance with Section 25.78.080 of the City s Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in single ownership or under unified control or have the written consent,or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require 'preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. 8 C:1Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHL1 HFC\City Council Ordinance.doc i ORDINANCE NO. 13j� SECTION 5. Amendments to the Palm Desert Municipal Code. Section 25.28.070, of the Palm Desert Municipal Code is hereby amended to read as follows: ERR a t 25.28.070 Freeway Commercial Overlay District i A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties, with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ.has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or -the standards of the base zone. In order to obtain approval of uses ` conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit are as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. ' 9. Outdoor recreational vehicle and boat storage. 10.Automotive sales new and used (Outdoor/Indoor). C. Development standards. Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments Y pp with no approved specific plan, the applicant may apply Y for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the'following standards: 1. Drive-up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 2. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 3. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 4. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. 4,.M C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHL1 HFC\City Council Ordinance.doc r . ORDINANCE NO. 1303 D. Required on-site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The, Commission may ` reduce the required parking where it is clearly demonstrated that a shared use will w.y occur showing a restaurant which serves a hotel , or with a(i.e., ) g of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped Open space requirement.. SECTION 6. Amendments to the Palm Desert Municipal Code. Section 25.60.060, subsection A, of the Palm Desert Municipal Code is hereby amended to read as follows: A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review,,precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. SECTION 7. Amendments to the Palm Desert Municipal Code. The following definitions are hereby amended in the Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" in alphabetical order:. "Planned Development." A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment I f developers as well as. the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. "Planned Unit Development industrial." A development of industrial parcels of land as a coordinated project which has been developed according,to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Planned Unit Development residential." A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. G:\CityClrk\Gloria Sanchez\ORD I NAN CES\Ord No. 1303-Case 15-03 Specific Plan.doc ORDINANCE NO. 13G� - "Specific Plan." A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the state. j SECTION 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it.would have adopted-this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper a er -of. general circulation, published and circulated ih the City of Palm Desert, California, and shall be in full force and effect thirty(30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the. 11 h day of Februarv, 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE --T ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEL L, R ATTEST: RA EL D. K1Xs0'_SElV, CITY CLERK CITY OF PALM DESERT, CALIFORNIA �p s G:\CityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1303-Case 15-03 Specific Plan.doc t *� �r CITY OF PALM DES R j�i l�Yi� �t �� Y DEPARTMENT OF COMMUNITY D .YLL0,PME.NT ,- ----- =WIN a., STAFF REPORT R\EQUES T: CONSIDERATION TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.0707 25.60.060,"AND.25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE SUBMITTED BY: Eric Ceja, Associate Planner - APPLICANT: City of Palm Desert CASE NO: ZOA 15-03 DATE: January 28, 2016 CONTENTS: 1. City Council Ordinance No. 1303 2. City Council Resolution No. 2016- 17 3. Planning Commission Resolution No. 2659 4. Exhibit A—Section 25.78.080 "Specific Plans" 5. Exhibit B—Section 25.28.060"Planned Community Overlay District" 6. Exhibit C—Section 25.28.070 "Freeway Commercial Overlay District" 7. Exhibit D—Section 25.60.060 "Public Hearings and Public Notice" 8. Exhibit E—Section 25.99.020 "Land Use Definitions" f 9. Desert Sun Legal Notice 10. Notice of Determination—Negative Declaration Recommendation Waive further reading and adopt and; 1303 and reading, approving Zoning J 1. Pass Ordinance No. to sec g, pp g Ordinanc e Amendment 15-03 to repeal Section '25.72.040 and to establish Section 25.78.080 for Specific Plans, and make minor amendments to 25.28.060 25.28.0707 25.60.060, and 25.99.020 to make them Section , consistent with the new Specific Plan Ordinance. 2. Adopt Reso lution No. 2016- 17 approving a Notice of Determination of a Negative Declaration for Zoning Ordinance amendment 15-03. J Y t q Staff Report ZOA 15-03: Specific Plan Ordinance Page 2 of 5 January 28, 2016 Executive Summary f. Staff is recommending that the City Council consider repealing the existing "Development Plan" ordinance and adopt a new "Specific Plan" ordinance with minor code amendments to make the zoning ordinance consistent. Specific Plans are long-range planning documents that establish goals,-policies, and a land use pattern over a geographic area. These documents are helpful in considering larger and more complex development proposal, such as The Millennium Palm Desert Specific Plan. Planning Commission On December 1, 2015, the Planning Commission' reviewed staff proposed ordinance amendments and voted in favor of recommending approval of the request to the City Council with a 5-0 vote. Background In March 2015, the City Council approved The Millennium Palm Desert Specific Plan to establish a land use plan that covered 150 acres bounded by Gerald Ford Drive to the south, Portola Avenue to the west, Technology Drive to the east, and Union Pacific Railroad to the north. This specific plan document was approved by ordinance with a Development Agreement and in accordance with state specific plan guidelines published by the Governor's Office of Planning and Research (OPR). The City is currently processing another specific plan to establish a land use plan for over 170 acres previously controlled by the former Redevelopment Agency. These types of long-range planning documents are useful in today's development environment,, as such, staff wishes to establish a specific plan ordinance to establish guidelines for the processing of such.documents. Proiect Description Specific Plans are a planning tool for the implementation of the General Plan within a defined geographic area. They may be general to;-establish planning and policy concepts to a particulararea, or very detailed to direct specific development proposals. Specific Plan; documents allow public agencies to create flexible standards for the development of a wide range of projects and to execute long-term goals of the General Plan. Specific plans are enabled by the state under Government Code sections 65450 - 65457 and are used to: • Establish land use distribution, intensity, and location. • Establish utility and infrastructure distribution and location. • Establish development and design standards for development. • Review implementation measures, project financing, and phasing. • Include statements of their relationship to General Plan policies and goals. r s - Staff Report ZOA 15-03: Specific Plan Ordinance Page 3 of 5 January 28, 2016 The proposed specific plan ordinance was prepared in accordance with the Government Code sections listed above. The ordinance also includes special considerations of staff to. make the ordinance consistent with other municipal code sections. As proposed, the ordinance includes: • Purpose of specific plan documents. • Requirements for the preparation of specific plan documents. • Who may initiate the specific plan process. • Findings-required supporting approval of specific plan documents. Master plan and specific plan are used interchangeably in the City's Zoning Ordinance and throughout the development community. However, specific plans are distinct from master plans in that the state's Government Code Sections 65450 — 65457 established guidelines for the preparation and applicability of specific plan documents. As part of this application, amendments to the City's Zoning Ordinance are proposed to replace "master plan" with "specific plan." In _order to ensure consistency within the municipal code staff's is proposing several other code modifications as described below. Section 25.72.040— Development Plans This section of the municipal-code is proposed for deletion. Section 25.28.060— Planned Community Development Overlay District Staff is proposing amendments to Section 25.28.060 "Planned Community Development Overlay DistricF (PCD) to,replace "master plan" with "specific plan." Replacing this wording makes this section consistent with the specific plan ordinance and continues existing policies for the development of land within this zoning district. Minor amendments to this section are also proposed to clarify the, applicability and the requirements and procedures, for processing applications within the PCD. Section 25.28.070— Freeway Commercial,Overlay District Amendments, to Section 25.28.070 "Freeway Commercial Overlay District" (FCOD) are proposed to replace "master plan" with "specific plan." New language is inserted to clarify the applicability of the FCOD based on property proximity to Interstate 10. Many properties with this designation are developed. Staff is recommending changes to clarify that specific plan documents are only necessary for new developments within this zone. Existing developments are not required to prepare specific plans and may continue to operate and. develop in accordance with previously approved plans. Section 25.60== Procedures s T Staff Report ZQA 15-03: Specific Plan Ordinance Page 4 of 5 January 28, 2016 Section 25.60.060 "Public Hearing and Public Notice" describes the process for noticing public hearing applications. Subsection 25.60.060A — "Public hearing required' lists both "master plan" and "specific plan." Staff proposes to strike "master plan"to make this section consistent with the specific plan ordinance. Section 25.99.020— Land Use Definitions "Specific Plan" is currently defined in the City's Zoning Ordinance. Staff proposes to expand on this definition to clarify its' definition and to reference that the documents be prepared in accordance with the requirements of the State's Government Code sections. Other amendments to land use definitions include replacing the term "development plan" with "specific plan" for the "Planned Development," "Planned Unit Development Industrial," and "Planned Unit Development Residential' definitions. Analysis Specific Plan The Specific Plan Ordinance was prepared in compliance with the requirements contained in Government Code Sections 65450 — 65457 and in accordance with the guidelines published by the Governor's Office of Planning and Research (OPR). Staff researched specific plan ordinances from around the state and compiled a list of their requirements and formats. This information was used to evaluate which topics and criteria should be included in the City's ordinance.- As proposed, the ordinance includes: statements regarding the purpose for preparing specific, plans; it provides references to state law allowing the preparation of specific plan documents; it lists when specific plans are required; it establishes who may initiate the specific plan process; and it requires that the City Council `make specific findings when reviewing specific plan proposals. The language contained in the ordinance is unambiguous sand .clearly indicates when a specific plan application is re q u i red. The specific plan ordinance is a beneficial planning tool that provides the City flexibility in evaluating larger, more complex development scenarios. The ordinance provides for long- term planning, anticipation of phasing plans, and consideration for the timing of infrastructure improvements along the development timeline. The language in the ordinance is broad enough to allow multiple parties to apply,for a specific plan. Property owners and developers may initiate the process for specific developments; the City Council and Planning Commission may initiate it for specific purposes; and the Director of Community Development may initiate it for governmental purposes; such as the case with the land controlled by the City' former Redevelopment Agency. Development Plan The proposal to eliminate the, City's "development plan" process was reviewed by staff in conjunction with preparing the specific plan ordinance. Development Plans are a`-redundant Staff Report ZOA 15-03: Specific Plan Ordinance Page 5of5 - January 28, 2016 1 application process with limited applicability. With a specific plan process, development plans will become obsolete, as specific plans will establish all design criteria and development standards within the project area. Staff,believes that the same procedures for review, processing, and public hearings will remain materially unchanged by eliminating the development plan section of the.zoning ordinance. Other Code Amendments "Master plan" and "specific plan" are used interchangeably in the City's Zoning Ordinance. Amendments.to Sections 25.28.060 and 25.28.070 are made to make them consistent with the specific plan ordinance. In addition, minor amendments are made to these. code sections to clarify existing language within the ordinance.. Fiscal Impact ' There is no direct fiscal impact to the City to establish this ordinance. In the future, should the City choose to' execute its own. specific plan document, cost associated with that document will be brought forward_for City Council approval. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. In this case, staff completed an initial study to review the potential impacts of the Zoning Ordinance Amendment. Staff has determined that there are no significant impacts associated with the proposed code changes. All new projects subject to specific plan approval will be reviewed under a new application and brought forward to the City Council for their consideration. Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes. Submitted By: Department Head: Eric Ceja,Ass ate Planner Ryan Ste ell, Director of Community Development c�COUN c�rior� • APPROVED D C � anager: - CE ., ER jj MEET G DATV Of (Mly "1)9 ei J n`IVohlmut , City.Manager AYES: ��. NOES: ABSENIN ABSTAIN: VERIFIED BY: ALA Original on File with Ci Jerk's Offfice I RESOLUTION NO. 2016- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR ZONING ORDINANCE AMENDMENT 15-03 TO REPEAL PALM DESERT/ MUNICIPAL CODE SECTION 25,72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE OTHER MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.0609 25.28.070, 25.60.0609 AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE WHEREAS, the City desires to repeal Municipal Code Section 25.72.040, and establish a new Specific Plan Ordinance under Municipal Code Section 25.78.080, and make other minor municipal code amendments to Sections 25.28.060, 25.28.0709 25.60.060, and 25.99.020 through adoption of a zoning ordinance amendment known as 15-03 (the "Project"); and WHEREAS, the proposed Project will make certain changes to the Palm Desert Municipal Code Section to establish a Specific Plan Ordinance in accordance with State Government Code Sections 65450 - 65457; and WHEREAS, the Specific Plan Ordinance provides proper planning tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), and- the City local CEQA Guidelines (collectively, "CEQA"), the City is the lead agency for the proposed Project; and WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial study ("Initial Study") was prepared for the Project to analyze whether the Project may cause a potentially significant effect on the environment; and WHEREAS, „the City, as lead agency, has determined that a Negative Declaration ("ND") should be prepared in order to analyze the Project's potential environmental effects; and WHEREAS, the City circulated the ND and Initial Study for public review in the manner required by CEQA for a twenty-day review and comment period pursuant to Public Resources Code section 21091(b); and WHEREAS, the City Council has carefully reviewed the' Project, the ND, the Initial Study, all comments received on the documents, and all other information contained in the record regarding the Project; and n } RESOLUTION NO. 2016, 17 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occu rred NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Compliance with the California Environmental Quality Act. As the decision-making body, the City Council has reviewed and considered the information contained in the record as a whole in connection with the Project and the ND. The City finds that the ND, initial Study, and administrative record contain a complete and accurate reporting of the" environmental impacts associated with the Project. The City Council further finds that the ND and Initial Study have been completed'in compliance with CEQA. SECTION 2. Findin s on Environmental Im acts. Based on the whole record before it, including the ND, the Initial Study, the administrative record, and all 'other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are less than significant. The City Council further finds that there is no substantial evidence -in the ,administrative record as a whole supporting a fair argument that .the Project may result in any potentially significant environmental. impacts. The City Council finds that the ND contains a complete, objective, and accurate, reportingof the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City Council. SECTION 3. Adoption of ND. The City Council hereby adopts the ND prepared for the Project, a copy of which has been provided to each City Council Member and is on file at the City's offices. SECTION 4. Approval of the Protect. The City Council hereby approves the Project. SECTION 5. Notice of Determination. The City Council directs staff to prepare and file a Notice of Determination with the Riverside County Clerk within five (5)working days of the approval of the Project. SECTION 6. Custodian of Records. The custodian-for the documents and materials that constitute the record of proceedings on which these findings are based is Associate Planner Eric Ceja, and the documents are available for public review at the Palm Desert Civic Center. SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall certify this Resolution was duly and properly adopted by the City Council. GAPlanrnng\Enc Ce)a\Case FilesMA120A 15-003 Specific Rans\Pubhc Hearings\Oty CouncACC-Resolution.doc r T f RESOLUTION NO. 2016. 17 PASSED, APPROVED AND ADOPTED this 28th day of January, 2016, by the following vote, to,wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. S PI EG EL MAYOR r ATTEST: RACHELLE D. KLASSEN, MMC CITY CLERK, CITY OF PALM DESERT, CALIFORNIA GAPlanrnng\Enc CejMCase Fi1es\Z0A1Z0A 15-003 Specific Plans\Public HeadngslCity Council=-Resolution.doc I 9 r • PLANNING COMMISSION RESOLUTION NO, 2659 i i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE _ DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLAINS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25..78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL -CODE SECTIONS 25.28.060, 25.28.0709 25.60.0603 AND 25,99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE CASE NO: ZOA 15-03 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1" day of December, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plan" creates a redundant application process already covered by the City's precise plan application process; and WHEREAS, establishing a Specific Plan Ordinance provides the City an additional planning tool for the initiation, review and processing of larger, more complex, development - proposals; and WHEREAS, amendments to Section 25.28.060 "Planned .Community Development Overlay District,"Section_25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect changes implemented by the removal of the Section 25.27.040 "Development Plan, and the addition of Section"25.78.080"Specific Plans;" and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for,Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director.of Community Development has determined that the project will not have a negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration in.accordance CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and '"reasons to exist to,; justify the recommendation to the City Council of said request: NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. J PLANNING COMMISSIC.. RESOLUTION NO.2659 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 1 5-03 as proposed. 3 PASSED, APPROVED, AND-ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1't day of December 2015, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE KEN STE ELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Monica OReilly\Planning Comm ission\2 01 5\Resc tuti ons\Res.No.2659 Specific Plan.docx 2 D TON NO. 2 i PLANNING COItil1tMISSlO► ESOLU I 659 EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and,implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific .plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but. not limited to, the r.... City's Planned Community Development (PCD) Overlay District and the Freeway Commerciale Overlay (FCOZ) District. D. initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that--will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject-property. 5. CEQA. The specific, plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. p tY GAPlanning\Monica OReilly\Planning Commission120151Resolutions\Res.No.2659 Specific Plan.docx 3 i PLANNING COMMISSI _. RE L TI So U oN No. 2559 EXHIBIT B - s 25.28.060 Planned Community Developer Overia_y Qists rict A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. 19 Specific plan approval, as outlined in Section ?r.7:.040 25.78.080, is required for the development in 'the Planned Comrni in; .01 IF of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 10 acres shall be required for a planned community development. 2. Specific plan required. Any�application for the development of a parcel(s) in the PCD overlay zone shall be accompanied by a specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed .overlay zone shall be held in ORe single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be,submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. . W%W I I a 4 W I I W %Akwwo I&1 %.4%.*I-#I I IS Rec;essas.,. } It a 9%.W 1%--%0 9%0,1 a a I a%.Av %W4 N.01 I.Y L R GAPlanningWonica OReilly\Planning Comfnission120151Resolutions\Res.No.2659 Specific Plan.docx 4 v PLANNING COMMISSIOC QESOLUTION N0. 2659 .. r _ a 1 11.4 1 IL 9 1f we • • The rel mail • f • f f ' arm- f by I % • • ? f • r - 1 r � i 1 J (i ( 1 GAPlanningWonica 0 Rail ly\Planning Commission120151Resolutions\Res.No.2659 Specific Plan.docx 5 f f 1 1 i PLANNING COMMISSIG.. RESOLUTION NO. 2659 EXHIBIT C f_... i I 1 25.28.070 Freewav Commercial Overiay District L A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of . specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting .cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant„may choose whether to use. the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses s conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. r 8. Conditional uses. Uses permitted by an approved conditional use permit are as follows: 1. Restaurants, general,,including drive-through restaurants. 2. Automobile service stations without regard. to 'the required separation distance provisions per Section,25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. L..__. J 8. Mini storage. :. 9. outdoor recreational vehicle and boat storage. C. Development standards. anncin WWI 9W%11 ' " ' . Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use.permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed- above. Approval of these applications is subject to the following standards: • 3. Drive-up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development,standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile ,service stations shall comply with the requirements of' Section ' 25.34.090 Automotive Service Stations). GAPlanningWonica OReilly\Planning Commissionl20151Resoiutions\Res.No.2659 Specific Plan.docx 6 PLANNING COMMISSIOi .-,ESOLUTION NO. 2659 6. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on-site)parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base, zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids 1and, as well as landscaped setback areas. with a showing of good, cause, the Commission may decrease the minimum landscaped open space requirement. r GAPlanningWonica OReill&lanning Commission1201S1Resolutions\Res.No.2659 Specific Plan.docx 7 r PLANNING COMMISSIG.. RESOLUTION NO. 2659 t EXHIBIT D 25.60.060 Public Hearinq and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The Aesignated approving authority shall hold a public hearing to consider all applications for a conditional use permit.,. variance, architectural review, precise plan, planned development, mprztAF specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days, before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice. shall state the date, time, and place of hearing, identity the hearing body, and provide a general description of the.matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to,,the owners of property within a radius of 300 feet r of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at.least one-eighth (1/8) page in one newspaper of general circulation within,the City: 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section,'the City.may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood as within proximity of the subject site, and properties within 300 feet-of the property. The notice shall include: t i. A brief statement explaining the criteria and standards considered relevant to the decision. 1 GAPlanningWonica OReilly\Planning Commission120151Resolutions\Res.No.2659 Specific Plan.docx 8 1 1 1 f r PLANNING COMMISSId, _;ESOLUTIOi N NO. 2659 ii. . A statement of the standards 'and facts relied upon in rendering the i decision. pe iii. Findings as listed for each entitlement or justification for the decision '- based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the-Commission for a final determination according to Section 25.60.080. D. Requests ,for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of. notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any,court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and, made part of the permanent file of the case. Any"hearing may be ,continued to a date certain. If the hearing is not continued to,,a specific date/time, then the hearing shall be re-noticed. i GAPlanningWonica OReillylPlanning Comm ission120151Resolutions\Res.No.2659 Specific Plan.docx 9 l PLANNING COIL MISSI � .., RESOLUTION'NO. 2659 EXHIBIT E r _. 25.99.020 Land Use Definitions ` A. Specific Plan. A detailed plan covering a selected area of the City for the purposes- of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types ' ' , pursuant to the requirements of the-Government Code of the state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved cdevelarnmilleit t rn 1 La R. specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a ,coordirated project which has been developed according to an approved r,11,11 specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. i D. Planned Unit Development residential. A development of residential parcels of land as a'coordinated project which has been developed according to an approved dovainnMont 2F� specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. t l GAPlanningWonica OReilly\Planning Commission12015\Resoluti6ns\Res.No.2659 Specific Plan.docx 10 4 ORDINANCE No, 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF PALM DESERT, CALIFORNIA REPEALING PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPTING A NEW MUNICIPAL CODE SECTION 25.78-080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.0609 25.28.0709 25.60.0609 AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 281h day of January, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 St day of December, 2015, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plans" of the Palm Desert Municipal Code creates a redundant application process already covered by the City's Precise Plan application process; and WHEREAS, an Ordinance to establish a.process for Specific Plans is supported by State Government Code Title 7 — "Planning and Land Use", Chapter 3, Article 1 — "Local Planning",t sections 65450 — 65457 — "Specific Plans", which allow local legislative bodies to carry out planning functions within their jurisdictional boundaries; and WHEREAS, the City Council of the City of Palm Desert, California, wishes to establish a Specific Plan Ordinance to provide proper tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, amendments to Section- 25.28.060 "Planned Community Development Overlay District," Section 25.28.070°`Freeway.Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99..020 "Land Use Definitions" are minor in nature and reflect the changes proposed in the Specific Plan Ordinance; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if-any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE- IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the � R ORDINANCE NO. 1303 following regulations are beneficial and appropriate to protect the health, safety and welfare. of the residents and businesses of Palm Desert within the City limits. SECTION 2. Repeal of Palm Desert Municipal . Code Section 25.72.040 "Development Plans". SECTION 3. Adoption of a Specific Plan Ordinance as Palm-Desert Municipa[ Code Section 25.78.080 "Specific Plans". Section 25.78.080, of the Palm Desert Municipal Code is hereby adopted to read as follows: 25.78.080 Specific Plans A. Purpose.;The purpose. of this chapter is to establish a process for -preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan,'or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution Or ordinance,and in compliance with this Chapter. Specific pla.ns may be required for the development of properties as identified in the Citys Zoning Ordinance. B. Applicable'State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et: seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City._Council. The Council may act either by resolution-or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required.. Specific plans shall be required for development in certain districts, as referenced yin the Zoning Ordinance, including,but not limited to, the City's Planned Community 'Development (PCD) Overlay District and the Freeway Commercial Overlay(FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives,.and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions - materially detrimental to the public health, safety, and general welfare. 1 GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc _ I j � r ' ORDINANCE NO. 1303 3. Land Use Compatibility. The specific plan 'or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4., Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for, the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.060, of the Palm Desert Municipal Code is hereby amended to read as follows: 1 ,r 25.28.060 Planned Communitv Development OVe' rlav District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. Specific plan approval,, as outlined in Section 25.78.080, is required for-the development of parcels within the 1 PCD Overlay district. ` B. Requirements. 1. Site area. A minimum of 10 acres shall, be required for a planned community development. 2. Specific plan required. Any application for the development of a parcel(s) in the PCD overlay zone shall be;accompanied by a specific plan for the entire area covered by the application. The specific- plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in -single ownership.or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shalll be adequate, or.new systems shall be designed and constructed to adequately serve.the development. Master plans for utility systems may be required along with the application for the PCD overlay zone-if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall- remain-valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080: C. Application. A Change of Zone application to-apply the overlay zone to a property or properties ..shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City, Council, and other information as required.by the.Director. GAPlanning\Eric CejalCase Files\ZOA1ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc 1 ORDINANCE NO. 1303 SECTION 5. Amendments to the Palm Desert Municipal, Code. Section 25.28.070, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway Y frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has.been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses conditionally permitted in the FCOZ, the project must utilize. FCOZ standards and have an approved specific plan.. B. Conditional uses. Uses permitted by an approved conditional use permit are as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard to. the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. outdoor recreational vehicle and boat storage; 10.Automotive safes new and used (Outdoor/Indoor). C. Development standards. Prior to development of vacant parcel(s)within the FCOZ, the Council shall concurrently approve a-specific plan, a precise plan application and a conditional use permit for any of the,proposed uses listed above. For existing commercial developments with,no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: 1. Drive-up-.banes and window facilities shall be designed in a manner-that they are not visible from an arterial.street. 2. Development standards shall generally be flexible to ensure efficient site planning and.to foster the creation of attractive developments. 3. Automobile service stations shall comply with the requirem-ents of Section 25.34.090 (Automotive Service Stations). 4. Specific plan' documents shall be approved in accordance_ with Section 25.78.080 of the Zoning Ordinance. D. Required on-site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will GAPlanning\Eric Ceja.lCase Files\ZOA\ZOA 15-003 Specific PlansTublic Hearings\City Council\City Council Ordinance.doc F 7 ORDINANCE NO. 1303 occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations 'pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a ,minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas.With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. SECTION 6. Amendments to the Palm Desert Municipal Code, Section 25.60.060, subsection A, of the Palm Desert Municipal Code is hereby amended to read as follows: A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. SECTION 7. Amendments to the Palm Desert Municipal Code. The following definitions are hereby amended in the Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions,'in alphabetical order: , "Planned Development." A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of, developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. "Planned Unit Development industrial." A development of industrial parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Planned Unit Development residential,." A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as.well as the community as a whole. "Specific Plan." A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the state. GAPlanning\Eric Ceja\Case Files\ZOA1ZOA 15-003 Specific Plans\%blic Hearings\City Council\City Council Ordinance.doc � b .. :v ............. ......... ........... .....:. :.........:.:..........:..........:. ...:............. ..:.....:.:..... ...:... ......... .......:,...',.........,:....:......v.................................................:.........,.... .........v \..n.............................x ........................................vn..........v:n.•v:v:vv:v.::v..v..:...::::•:•:•:::.v::n•:n.A• :..'r .; .... ...nn........;.. ......x...... ..... n....x ................n.n......•........x.....v.v..v.n.n..n.vvn vvv..nn.v............. '4' v.:.. 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X. 1 rib n� m : : : acres shall required-for. planned Communityn R O ifi : r re d, An,� �� °i n fir xthe Dve lay.a '):in the.-POD'a- zone � ' �� r dev lopmento paircel(s I x -nee.vvi specific lay x 6 0:w. .n+,,:e i All Jand Jin �proposed. ove e shall e :h,::el.d.in ene : � �g . . ingle Of all 6 wners of:pro o do � � �x Uae 69 U se YZ e ..._ � and co.Mmunicationems x for Utility syste t -the ap n -o MS.May.b,ere P. overpay zone if d rat ..necessary by the Director. 5• Development la..s. De'velopment lans previously e ared and ado e or developments within the �C sha r r a� a r a -,ex s r�. deVe'lopment P projects. � amenden s- ese- flans will. require ire are n o a. � c � �. �n be approved n c rd n e wit Sic' n 25V78, 80x. Application.C. A Change of Zone application 6 y the overlay zon a property or properties shall be Wbrnitted by the owner., his or her authorized agent, r the purchaser of the n :s h the e f the owner. The application sha b x. accompanied by Specific flan application prepared by `qvafiffie eaof professionals. such leer as' may be. established by the City C un 1 and other information required y the :director, E w x :: Mew.q .,. R x R. .. .. .. :•?Ni: Ru::C^:: v:IX?:A Y•)?? ?.R'4v T\:JCVJ.a..a...n.....u:xvvv+»mn.nw.nw.uuuuuuuuuuu:uww.wu.�.u..uuuuu. •?:???isti:::viV???>?YY:'•:V?4?"4:??v?.a:::y::.v.v•?:u:::??:?x::::h•?•.vw:•v v.�•.vp.�:.�?:?. v???::.�.vv^'• '�•':'•?v'•:4 .:.{i�?:tivv..?'??X^?...;... ..a.,.Ri•:v:YT??.w:•:tii:??.?Ywn•p.Y'q}yCn u��pr.Vw?u?ww:..w..ww.......n..u.y.4., \. E�4.?. ....'i��:.{:::^?:}?::•?' ..... ....:...n.....n 4x.....w.:.: {,::::}:::::.�x�..x.a::.?:•.vv v.'....,}}::'•ik'�hv.:• '"�C•\•f.•:v.\\.' ..\: \� .. ...u.::..u,.iv w:u'•.:.: 'u"'., .... .. ... .. ....................v......v\......v..v.....n.......v v ......v..\ .... ...........v v.... ........v... ..\v. 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' ....... ..................nv..n.v\vvA.......4t.t.......v:•4.v:.:.v:.v;v.;,tt:•.tu::•:n:x::hvvgv4}.\v.w::.ttvn\vvxi:•.itri�k��ni;:i}::is 20iiii N f : $ _ EXHIBIT 25.28f,%070 Freew-ayr versa D tr t r n e t-: The pur of.. he.- :r wamme �ray Zone (Ff-Ce-OvZa), ' s t typry ��t � �r .s n n nti e r h. e e ' R .. s:of ies '6x.' _ : . c : ck 3$�' g�+�+ �t�p .3g$f. p$Y S. SY•�^34f BA�Q. g¢�^+�g, $�i�� on frontage, �:: d>. A properties.� .�.- `2.A*' S h:.n' i. � :Y. wa',''F,�,cF'3 te ��d'`.0w''.. R:'R of an % _i � . �� . a:� �t�rs .ct n street. � � �r � ���� � � ��� �� to aap0*.J:,k' use V � use th aW F OZ standa r the st r ar q f the- � �e n order t ap r i co. d t n y :ft n the COO, the ,must utilize � � s and have an approved specie c�a n% . � uses. Uses �r i tt napproved conditional use er t-sha!1-be are. y R.R Restaurants,mobile generace'l ntlu� in drive-through: ` '�BMe u `rants.• . 2 .k `uen" serv5 stations R :•'3YOB� � b �' .S� F'' rol :Jt;' bon starve provisions per-Section 25%3 Q 90'(AUtomotive Service St :t . % 3. C stores. . Car washes. 5. Combinations two or more of the above uses. -on 25,34:070(Hotels 6. Hotels per S 7 rr� ti and amusement stihr� nts. . Mini storage-, '9. Outdoor recreational vehicle andboat storage, 1:0.Automotive sales new and used (OutdoorAndoor), TCT C. end standards. % a x hit ik .. .. -. . .... Ge *nor t � t vacant arcel(s wi �r .h FCOZ the Council shy.11 concurrently approve a -specific Phan, a precise'plan a p cati an C","onditional usee n. t for any of the proposed. uses listed above, For ex am commercial eve pr er is with no approved spec'uric p a # the app"'cant may apply for a precise plan and condit.-ional use permit for ainy of the proposed uses I%ste above. approval of these applications is subject to the following standardSs ' .� a a:. s ♦ o ' ... .. .. nit p / . AT Ye R Drive-up lanes and 'inflow a ii ties shall e designed n m nd r that they are not visible ° r �� arr : trot. % � rrt �� envra y b feeble t ensure effii site lan t fester the at ion Irate m e tSo♦ 5. 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J 'O:.0 :�«Y. :. .�� .6 �Q+�'+( $$�CppC''�y�`�`�''�7��p'[���fw*th Xyy %•�Q���}i•'pO�,"�p�� z ape . �an d u � gin : � � � �� � 25.78.080-of th-eZoning Ordinance. D. Ru*red n .s- . ,.,R. .. f' :at ��� for a o � � :o hmission may zz#: a x. Q ."-d:" .t.'s c ea reduce rie qui.r....-elt: the 'O .. %!�}�^.�, ,�p^,�y� Rp%R. ayLC gQ��' 1*s[�Qy'c may$ Of YR[�@Yp�I �j re -serveoccur B Y � �� � � e rkin space � � ed. E. � � r'� � e s cni n the base � � and/or -ic ' e �. :and-lor ...............s ta �:: iI.-i :.-:;t6 Sect"R%'t6i�x' w�.Ot' i m`M� .'.� lT': ic e � A.o�rt "'FFF S, Uttl Mg k � respeI tiecm n u which - � � �� � e �� : ��� .. with �� w- o k �: g � � � � may decrease h m n .M. �� � a open space. % w Ik : I CITY COUNCIL ORDINANCE No. Exhibit D 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public, hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. `B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing.in the manner listed below. The notice-shall state the date; time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of -public hearing shall be published in at least one newspaper of general circulation in-the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to- be necessary and desirable by the Director based on the nature of the proposed project. if the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner'-s authorized agent and to- each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: J. A brief statement explaining the criteria and standards considered relevant to the decision. is \ 1 1 CITY COUNCIL ORDINANCE No. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the J application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to) be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. . F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. } :.:.....:........:...:....::..................:.....................:.::.::.:.. 1 ::.:.:.:..................: :..:.....,..:... .............i......................................... .............................................. .:.......•:.:...�.::.•. 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H ....\...n.t.\:.:..,..:ti.\::.:.:v,�::}.:�:}.t:4.v::}:.v:::ti k:.6:.v:.�� �..avv:v:a..a.:.v.v..a.,,::.ava Vvvvv.\�4.�v.a::::::::::.nk..:::�:::::::::..v..vv..a..v:.::+•.vn,.:.va.:.v:.v:::::..:.�•\\\�vvv::y:•:rt.::::ti:.x:..!{{r{.:44•i.:::i:y�.}v,±i:C.y%v\�\:±±L.:iiv:::,.::.. i I 'TY L - M - MIMlO�tlMMNM�MMIR E010. nivons. w n.. e� ed � � . - a toOt �� � : i �� nose§ `Uwd 9: NO 3,3t +•fig, gp�+��� �8t' gas•sg �eP�'£t�gp.. g�a $g��w"�'�'t, ��+?�gp, }��aeg��^�3,F 33ff �eewwy�' §g yg#g gg. 2 .mpg 2# implementation'ow nYra anion "+�`i� h ene a. & �a:�, �wh e�.7.` :Pro.. '. � yh.F�:Y &.>8 ��:�8 ���s.. � �.&.' .�.' - R � xan r �� ���� �� �� � � � s and a a 6ty f si .91 WX 0-t-her '.evel op ent type' Oar !2d1nkv%i^Cj bag w. M1 .. and .<• ` .. Melt,112tin ..48 MOP .. .. .. '- MIA= kill-% . .. gg - : a' to T-Rpr CI.Fe t. the e^u i rem ents of the ovem ent.Code of the stag x i ,pro 'Ian ned Develoaftment. A develo ment of pa. r �� -coordinated . j 'L t Which: has Dean d c ng t anvroveIan gate control the' nt s °° '- a . ,. � � � � � .ue and protect the investment * pers as well as the commu � �� an t m e e ver t ., r �� : � � or a mtn of any two or more. - Plannednit -meat retrial. e e �m nt t tr s � tr0 as1C � � � � ed accordL e� cplan,,;Adequate control:.: the e e nt s provide order to maintain aesthetic vales and to protect the investment 6f deveio P e rS as Well as the community as a whole. D. lamed Unit Development,. s: n . A developrnent of residen'tial. :r Ce s of land as :aL � nat ctan c a Y Adequate ntro.1 of the e ment a orderto maintain aesthetic values and.to protect the investment of- dem s as well as the community as a while. 1 • r 1 iF a, ` 1 . CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 15-03' NOTICE OF INTENT RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR ADOPTION OF A ZONING ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND, MAKE MINOR' AMENDMENTS TO MUNICIPAL CONE' SECTIONS 25.28.060, 25..28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE The City of Palm Desert (City), in its capacity as the Lead Agency for.this project under the California Environmental Quality Act(CEQA), completed an Initial Study to review the potential environmental impacts ,of-adopting a Specific Plan Ordinance and have determined that the \propose&Zoning Ordinance Amendment will not have a negative impact on the environment as individual development proposals, which may utilize the Specific Plan process, w)l undergo additional environmental review as part of the Specific Plan process and prior to any development within a Specific Plan area. P_ct Location:City-'wide Code Amendment: Palm Desert Municipal Code Section 25.72.040"Development Plans"is being repealed and a new Municipal Code Section for "Specific Plans" is being introduced. The Specific Plan Ordinance complies with State.statutes and guidelines for the preparation of specific plan documents for master planning purposes. Minor amendments to the zoning ordinance will include replacing all references to"development plans"with references to"specific plans', and amending municipal code definitions accordingly. The proposed code amendment reads as follows: 25-78.080 Specific Plans A. Purpose.The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.).When required by subsection C of this Section,the General Plan,or this title to systematically implement the General Plan for any part of the City,a specific plan shall be prepared, processed, approved and implemented, or disapproved,either by resolution or ordinance,and in.compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. 1 B. Applicable State .Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council.The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain .,districts, as referenced in the Zoning Ordinance, including but not limited to,the.City's Planned Community Development(PCD)Overlay District,and the Freeway Commercial Overlay(FCOZ) District. D. Initiation.A specific plan or specific plan amendments may be initiated by the following: 1. The Council: 2. The property owner or property owner's agent; 3. The Commission;or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan.The specific plan or amendment is consistent with the goals,objectives,and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health,safety,and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location,access,and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. Recommendation: Staff is recommending\that,the City Council adopt the changes to Zoning Ordinance as proposed. Public Hearing:The public hearing will be held before the City Council on January 28, 2016,at 4:00 pm. Comment Period: Based on the time limits defined by CEQA,your response should be sent at the earliest possible date.The public comment period on this project is from January 15,2016 to January 28,2016. Public Review:,The Zoning Ordinance Amendment is available for public review daily,at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised maybe limited to only those issues raised at the public hearing described in this notice or in written correspondence at,or prior to, the City Council hearing.All comments and any questions should be directed to: Eric Ceja,Associate Planner 73-510 Fred Waring Drive Palm Desert,CA 92260 (760)346-0611. eceja@cityofpalmdesert.'org PUBLISH: DESERT SUN RACHELLE KLASSEN,City Clerk January 15,2016 Palm Desert City Council 2 1 NEGATIVE DECLARATION 1. Name or description of project: Specific Plan Ordinance' 2. Project Location -Identif}l street City-xvide address and cross streets or attach a map showing project site(preferably a US'GS 1 5'or 7 1/2'topographical map identified by quadrangle name): 3. Entity or Person.undertaking project.- A. City of Palm Desert Eric Ceja,Associate Planner B. Other(Private) The Lead Agency. having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior to the public meeting of the.Lead Agency,and haying reviewed the recommendation of the Lead Agency's Staff.does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings are as follows: The Specific Plan ordinance allows the City to establish processing and plan guidelines for the development of specific plan documents.Individual development projects which choose to utilize the specific plan process will be \ reviewed in accordance%vith CEQA for specific environmental impacts as they ielate to that development.The ordinance.. by itself,will not have a negative impact on the environment. The Lead Aeenc;y-hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached. The location and custodian of the. documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: Phone No.. (760) 46-0 11 Date Received for Filing: Staff Negative Declaration FORM"E" MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 2015 Mr. Ceja continued with his presentation. At the conclusion of his report, he recommended approval and offered to answer any questions. Commissioner Pradetto mentioned that some Planning Departments give applicants an organizational chart with different trees that illustrates which path to follow. He summarized that there are two paths that go the same way and the recommendation is to take one away. Therefore, it is not only cleaner for the administrative side, but also for the applicant. Mr. Ceja replied that is correct. Referring to Exhibit A; Item D Initiation; No. 4; Commissioner Pradetto asked if Commission refers to the Planning Commission. Mr. Ceja replied yes. Commissioner Pradetto asked why it requires a majority vote of the Planning Commission, but not by the City Council. Mr. Ceja responded that essentially it would require the majority vote of the City Council as well. Therefore, one councilmember could not initiate a specific plan by a one to four vote. Commissioner Pradetto suggested removing by a maiority vote. Chair Stendell declared the public hearing open and invited any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Stendell declared the public hearing closed. s Commissioner Campbell moved to recommend to the City Council to approve"ka Notice of Determination of a Negative Declaration for an ordinance amendment to repeal PDMC Section 25.72.040 and adopt a new PDMC Section 25.78.080 for Specific Plans, and make minor amendments to PDMC Sections 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to reflect the new Specific Plan Ordinance. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). Commissioner Campbell moved to waive further reading and adopt Planning Commission Resolution No. 2659, recommending approval of Zoning Ordinance Amendment 15-03. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). 11 GAPlenningWonica OReiIIy\Planing Ccmmissio =151MInutesU2-1-15min.docx MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 2015 Chair Stendell shared that there is a guy that travels around the country in a Tesla. He has put over 250,000 miles on his car because he refuses to fly. Chair Stendell stated that Tesla is a rather interesting product, and he almost fell out of his car when he saw Tesla on El Paseo. Commissioner Pradetto stated that there is a debate on who is responsible to provide electric charging stations. A lot of cities and Tesla are providing charging stations. He wished to have seen two general use charging stations; however, it is not necessary in this situation. He stated that in the future not many people will provide complimentary charging stations for electric vehicles. Commissioner Campbell moved for approval of a Conditional Use Permit for the sale of Tesla automobiles and dedication of six parking stalls for vehicle display and charging stations within The Gardens on El Paseo parking structure. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). Commissioner Campbell moved to waive further reading and adopt Planning Commission Resolution No. 2658, approving Conditional Use Permit 15-317, subject to conditions. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). The Planning Commission thanked and welcomed the applicant to the City of Palm Desert. C. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Notice of Determination of a Negative Declaration for an ordinance amendment to repeal Palm Desert Municipal Code Section 25.72.040 "Development Plans" and adopt a new Municipal Code Section 25.78.080 Specific Plans" and make minor amendments to Municipal Code Sections 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to reflect the new specific plan ordinance. Case No. ZOA 15-03 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points of the staff report (staff report is available at www.citvofoalm desert.org). Commissioner DeLuna interjected after Mr. Ceja referred to The Millennium Palm Desert and the 170-Acre University Neighborhood specific plans. She asked if discussion of this agenda item related to the 170-acre project. Mr. Ceja replied no. He communicated that this item is only to establish a Specific Plan Ordinance. The 170-Acre University Neighborhood Specific Plan will come back to the Planning Commission at a later time. Commissioner DeLuna asked if she needed to recuse herself due to a conflict of interest with the 170-acre site. Mr. Bagato responded that she did not need to recuse herself. 10 G TlanningWomca OReiII&Ianning Ccmmission12016Ufwle M-1-15 min.docx f. NOTICE O1`1'fiiII ENT TO ADOPT A NEGATIVE D&�ARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Palm Desert Project Name: Specific Plan Ordinance Project Description: To establish a specific plan ordinance within the City's zoning ordinance which specifies guidelines for the applicability,processing,and content of specific plan documents. Project Location—Identify Citywide a street address and cross streets or attach a map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the Lead Agency's Guidelines for Implementing the California Environmental Quality Act. This Initial Study was'undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study,the Lead Agency's Staff has concluded that the project will not have a significant effect on the environment,and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® The Project site IS NOT on a list compiled pursuant to Government-Code section 65962.5. ❑ The proposed project IS considered a-project of statewide,regional or areawide significance. ® The proposed project IS NOT considered a project of statewide,regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL-NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ A scoping meeting WILL be held by the Lead Agency'. ® A scoping meeting WILL NOT be held by the Lead Agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date,time and location of the scoping meeting are as follows: Date: Time: Location: Copies of the Initial Study and Draft Negative Dec laration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency's office,located at:73-510 Fred Waring Drive,Palm Desert, CA 92260 The proposed Negative Declaration or Mitigated Negative Declaration can be obtained in electronic format by the following method:by email or in person Lead Agency address: 73-510 Fred Waring Drive,Palm Desert,CA 92260 Comments will be received from November 5,2015 to December 1,2015 Any person wishing to comment on this matter must submit such comments,in writing,to.the Lead Agency prior to December 2,2015. Comments of all Responsible Agencies are also requested. F I L E D / P 0 S T E D County of Riverside Peter A 1 dance Assessor County C lerk-Reorder E-2015011�49 11/10/2015 08:36 AM Fee.: $ 0.0 Page 1 of 2 DEC 2 8 2015BY: Deputy NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 1 ��m°v� �r ,T]e Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: December 2,2015. Date: December 2. 2015 Time: 6:00 p.m.- If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Eric Cej a Staff (Clerk Stamp Here) Associate Planner NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 2 FORM"D" ' r , CIIV Uf P11LM DESERT 73-510 FRE➢WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346-o6n FAX: 760 341-4564 info@palm-deserr.org PLANNING COMMISSION MEETING NOTICE OF ACTION December 2, 2015 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Recommendation to the City Council to Adopt Zoning Ordinance Amendment 15-03 to Repeal Section 25.72.040 and to Establish Section 25.78.080 for Specific Plans, and Make Minor Amendments to Section 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to Make Them Consistent with the New Specific Plan Ordinance The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of December 1 , 2015: The Planning Commission granted approval of Case No. ZOA 15-03 by adoption of Planning Commission Resolution No. 2659. Motion carried by a 5-0 vote. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. ca Tony Bagato, Acting Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal C�nmEo oxmamnm PLANNING COMMISSION RESOLUTION NO. 2659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, .RECOMMENDING TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION . OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS." AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.06% 25.28.0709 25.60.0603 AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE CASE NO: ZOA 15-03 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the . 1st dayof'December, 2015, hold a duly noticed public hearing to consider the request by the Y p g City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plan" creates a redundant application process already covered by the City's precise plan application process; and WHEREAS, establishing a Specific Plan Ordinance provides the City an additional planning tool for the initiation, review and processing of larger, more complex, development proposals; and } I WHEREAS amendments to Sect Y pion 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section.25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are m.inor in nature and reflect changes implemented by the removal - of the Section 25.27.040 "Development Plan" and the addition of Section "25.78.080 "Specific Plans;" and' WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for.Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration-in accordance CEQA; and WHEREAS, at said-public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts.and reasons to exist to justify'the* recommendation to the City Council.of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and .constitute the findings of the Planning Commission in this case. PLANNING COMMISSIt .t. ,,RESOLUTION NO. 2659 2. That the Planning Commission. does, hereby recommend .-approval of Zoning Ordinance'Amendment 15-03 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 11 day of December 2015,� by the following.vote, to Wit: AYES: CAMPBELL, DE-LUNA, GREENWOOD, PRADETTO, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE KEN STE ELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION .07 GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 2 PLANNING COMMISSIOk __►ESOLUTION NO. 2659. EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, -reviewing, adopting, and .amending specific plans in compliance-with State law (Government Code Section 65450 et. seq.). When required by subsection C .of. this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be require_ d for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District'. . D. Initiation. A specific plan or specific plan amendments may be initiated by the - following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment:. 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals,'objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is.compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property. Suitability. The specific plan or amendment is suitable and �. r appropriate for the location, access, -and topography for the development of the subjectproperty. rr 5. CEQA. _The specific plan or amendment has been reviewed in compliance ■ with the provisions of the California Environmental Quality Act. GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 3 PLANNING COMMISSIIo,,,)RESOLUTION NO. 2659 . � EXHIBIT B S 25028.060 Planned Community Development Overlay District A. Purpose and applicability. The.Planned Community Development (PCD) Overlay district allows the Council to. establish areas for coordinated land use, and specific planning purposes that may include multiple properties. _Mt Specific plan approval, as outlined in Section9?? n41)Plpr 25.78.080, is required for the development 'n the hl�nnor! rnmml Witt Clundpit • of parcels within the PCD Overlay district. B. Requirements. 1. Site area: A minimum- of 10 acres shall be required fora planned community development. 2. Specific plan required. Any application for the development of a parcels) in the PCD overlay zone shall be accompanied by a specific plan for. the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in GRe single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. _ Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or .news stems shall be .: q v designed and constructed to adequately.serve,the development. Master plans for utility systems may.be required along with the application for the PCD 1 overlay zone if determined-necessary by the Director. C. Application. A Change of Zone application to apply theoverlay zone to a property or -properties shall'be submitted by the owner, his or her authorized .agent, or the purchaser of the lands) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as. may be. established by the City Council, and other information as required by the Director. n Drr+nodmow 11 ire no � h Continn �C; 7S2__nS2(1 G�-VVI .. ---- . &—=_- We —— ll mprincl • ■ ■ Thin rnMM166,.1E)j; it HIMM11 the go an GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 4 .-L PLANNING COMMISSIO RESOLUTION No. 2659 , s f otu n rU 90 If a ro , N lw%o&l Is Ilk • _G.72.0 20 mnrlifinntinn-Q nr chmmix thin nmmlinptinniz Tho rloni-Qinn of thin Cni mail izhpll ho find Tinntann elf e��ieHall me�nn am nrrn . SEEMS ro�nl�Minn octPhliQ • • JAILRI effm timamelef; eXGeecd mmin uapr r"Pit' ho orpntnd hi i WIFIRWIN 1 F G I.A1 am,Is SIS t%a.%R Ge s %r-.1-%aA in him Pliondu h reasGRG IhIlf thin mhUROGAI HQUAIGnment ef thin Hostrip-t has net ac)mmeR G IQ cl P R GI �l��i �nno h�� not hoon 1 itili;und • hl ewf G,ef 1%A-,Imm a%.#-i IN i Iml t16 lh§em fo ef 0 Iml I elf a �z a R q e R EJ a FRI ED Ing t I%Qw %I%.A A I W%A L%.q %olm 16 L G:\Planning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 5 PLANNING COMMISSIc-'11-AESOLUTION NO. 2659 EXHIBIT C 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or ' 'properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether -to use, the optional FCOZ standards or the standards of the base zone. In order to obtain approval' of uses e conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an'approved conditional use permit are as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard to the required separation. distance provisions per Section 25.34.090 .(Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage: 9. Outdoor recreational-vehicle'and boat storage. C. Development standards. Drnion+� r,rnr,n�orl i nrlor +him hT ho m��+ � . Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the.following standards: �� thin rroni�o nipm MFnn,Q&S Trronrn�ono nn P docirrr»+orl 3. Drive-up lanes and window facilities shall be designed in'a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section tN. 25.34.090 (Automotive Service Stations). ^ GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 6 �Y PLANNING COMMISSIO) JESOLUTION NO. 2659 6. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on-site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The 'Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of:good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the -base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service. Stations) and/or as approved in the specific plan document. F. Landscaping. All rlannoG1 commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as lah'dscaped setback areas. With.a showing of good cause, the Commission may .decrease the minimum landscaped open space requirement. r GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 7 f � .PLANNING COMMISSI��_r r'RESOLUTION NO. 2659 1 EXHIBIT D i 25.60.060 Public Hearing an d Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance,. architectural review, precise plan, planned development, imaster specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the. Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than'10 days before the scheduled date of a hearing, public notice shall'be given of such hearing in'-the manner listed below. The notice shall state the date,'time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at- least one newspaper of general circulation in the City. , 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of-the property involved in the application, using for It'll p p Y pp g this the Fast known name and address of such owners as shown purpose upon the current .tax assessor's records. The radius may be increased L as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property,or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within.300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered �fx. relevant to the decision. .. GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 8 PLANNING COMMISSIC' �IESOLUTION NO. 2659 ' ii. A statement of the standards and facts relied upon in rendering the .: . decision. iii. Findings as listed for each entitlement' or justification for the decision based on the criteria, standards, and facts set'forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision.. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be ,accompanied by brief, written findings and a determination. 3. Appeal.,-A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. An person who, requests to be- on a mailing list for q Y . notice of hearing shall. submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E., Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving,authority for which the notice was given. F. Hearing procedure., Hearings as provided for in this chapter shall be held at the o date, time, and place for which notice has been given as required in this chapter. The, approving authority shall conduct the public hearing and hear testimony from pp g Y interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. 9 GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 9 PLANNING COMMISSIIo '(RESOLUTION NO. 2659 EXHIBIT E 25.99.020 Land Use Definitions A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards; innovative land uses and developments, and a variety of housing and other development types �'�T+�tatemen+ ad^n+ed h„ ^;Q,nanno ^f . pursuant to the requirements of the Government Code of the,state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved cdefve'^n T;on+ n'an -specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the Investment of developers. as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. CC Planned Unit Development industrial. A-development of industrial parcels of land as a coordinated project which has been developed according to an approved nI I Iw'1+ r''n specific plan.. Adequate control of the development is provided in order to maintain aesthetic values .and to protect the investment of developers as well as the community .as a whole. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed,according to an approved %AW V specific plan. Adequate control of the development is provided in order to maintain aesthetic values. and to .protect the investment of developers.as well.as the community as a whole. GAPlanning\Monica OReilly\Planning"Commission\2015\Resolutions\Res.No.2659 Specific Plan.docx 10 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMM ISSION STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO. THE CITY COUNCIL TO APPROVE A. NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE .SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT-A NEW MUNICIPAL. CODE SECTION . 25.78.080 "SPECIFIC PLANS" AND 'MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 2-5.28.060, .25..28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 15-03 DATE, December 1 2015 CONTENTS: 1. Draft.Plan, ning Commission Resolution No. 2659 2. Exhibit A—Section 25.78.080 "Specific Plans" 3. Exhibit B —Section 25.28.060 "Planned'Community Overlay District" 4. Exhibit C — Section 25.28.070 "Freeway Commercial Overlay District" 5. Exhibit D —Section 25.60.060 "Public Hearing's and Public Notice" 6. Exhibit E —Section 25.99.020 "Land Use Definitions" 7. Desert Sun Legal Notice 8. Notice of Determination — Negative Declaration- Recommendation Waive further reading and adopt Planning, Com,mission kes-olutio-n No. 2659, redommen'ding that the City Council adopt Zoning Ordinance Amendment 15- 03 to repeal Section 25.72.040 and to establish Section 25.78.080 for Specific Plans, and make minor amendments to Section 25.28.060, 25.28.0701 25.60.060, and 25.99.020 to make them consistent with the new Specific Plan Ordinance. Background In March 2015, the City Council approved The Millennium Palm Desert Specific Plan to establish a land use plan that covered 150 acres bounded by Gerald Ford Drive to the Staff Report ZOA 15-03: Specific Plan Ordinance Page 2 of 5 December 1, 2015 south, Portola Avenue to the west, Technology..Drive to the east, and Union Pacific Railroad to the north. This specific plan document was approved by ordinance with a Development Agreement and in accordance with state specific plan guidelines published by the Governor's Office of Planning and Research (OPR). The City is currently processing another specific plan to establish a land use plan for over 170 acres previously controlled by the former Redevelopment Agency. These types of long-range planning documents are useful in todays development environment, as such, staff wishes to establish a-specific plan ordinance to establish guidelines for the processing of such.documents. Project Description Specific Plans are a planning tool for the implementation of the General Plan within a .defined geographic area. They may be general to establish planning and policy concepts to a particular area, or very detailed to direct specific development .proposals. Specific Plan documents allow public agencies to create flexible standards for the development of a wide range of projects and to execute long-term goals of the General Plan.. Specific plans are enabled by the state under Government Code sections 65450 - 65457 and are used to: • 'Establish land use distribution, intensity, and location. • Establish utility and infrastructure distribution and location. • Establish development and design standards for development. • Review implementation.measures, project financing, and phasing. • Include statements of their relationship to General Plan policies and goals. The proposed specific plan ordinance was prepared in accordance with the Government Code sections listed above. The.ordinance also includes special considerations of staff to make the ordinance consistent with other municipal code sections. As proposed, the ordinance includes: • Purpose of specific plan documents. • Requirements for the preparation of specific plan documents. • Who may initiate the specific plan process. • Findings required supporting approval of specific plan documents. Master plan and specific plan are used interchangeably in the City's Zoning Ordinance and throughout the .development community. However, specific plans are distinct from master plans in that the state's Government Code Sections 65450 — 65457 establish guidelines for the preparation and applicability of specific plan documents. As part of this application, amendments to the City's Zoning Ordinance are proposed to replace "master. plan" with "specific plan." The specific plan ordinance also accounts for existing codes and policies that require the preparation and approval of master plans and/or development plans. The Municipal Code currently requires the preparation of these plans for land developments within the Planned Community Development Overlay District (PCD) and Freeway Commercial Overlay District (FCOD). The specific plan ordinance replaces "development plans" and "master plans" with � wY tF i `I Staff Report. ZOA 15-03: Specific Plan Ordinance Page 3 of 5 December 1, 2015 "specific plans" and requires the preparation of specific plan documents for developments within these zoning districts. Section 25.72.040 — Development Plans This section establishes the purpose and application requirements for development plans. "Development Plans". are prepared for developments within an approved master plan and in accordance with the PCD.. Development plans, however, have their own design requirements which may conflict with a master plan. In addition, there is no distinction between development plans and the City's precise plan application. Therefore, as part of this application to establish a specific plan ordinance, staff is proposing to strike "development plans" from the City's Zoning Ordinance and to allow the continued use of precise plan applications for the review of new development proposals. Section 25.28.060 --Planned Community Development Overlay District Staff is proposing amendments to Section 25.28.060 "Planned Community Development Overlay District' (PCD) to replace "master plan" with "specific plan." Replacing this wording makes this section consistent with the specific plan ordinance and continues existing policies for the development of land within this zoning district. Minor amendments to this section are also proposed to clarify the applicability and the requirements and procedures, for processing applications within the PCD. Section 25.28.070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOD) are proposed to replace "master plan" with "specific plan." New language is inserted. to clarify the applicability of the FCOD based on property proximity to Interstate 10. Many properties with this designation are developed. Staff is recommending changes to clarify that specific plan documents are only necessary for new developments within this. zone. Existing developments .are not required to prepare specific plans and may continue to operate and develop in accordance with previously approved plans. Section 25.60.— Procedures Section 25.60.060 "Public Hearing and Public Notice" describes the process for noticing public hearing applications. Subsection 25.60.060A — "Public hearing required' lists both "m,aster plan" and "specific plan." Staff proposes to strike "master plan" to make this section consistent with the specific plan ordinance. Section 25.99.020 Land Use Definitions "Specific Plan" is currently defined in the City's Zoning Ordinance. Staff proposes to expand on this definition to clarify its' definition and to reference that the documents be prepared in accordance with the requirements of the State's Government Code sections. Staff Report ZOA 15-03: Specific Plan Ordinance Page of December 1, 2015 Other.amendments to land use definitions include replacing the term "development_plan" with "specific plan" for the "Planned Development," "Planned Unit Development Industrial," and "Planned Unit Development Residentiaf' definitions. Analysis Specific Plan The Specific Plan Ordinance was prepared in compliance with the requirements contained in Government Code Sections 65450 — 65457 and in accordance with the guidelines published by the Governor's Office of Planning and Research (OPR). _Staff researched specific plan ordinances from around the state and compiled a list of their requirements and formats. This information was used to evaluate which topics and criteria should be included in the City's ordinance. As proposed, the ordinance includes: statements regarding the .purpose for preparing specific plans; it provides references to state law allowing the preparation of specific plan documents; it lists when specific plans 'are required; it establishes who-may initiate the specific plan process; and it requires that the City Council make specific findings when reviewing specific plan proposals. The language contained in the ordinance is unambiguous and clearly indicates when -a specific plan application is req u i red. The specific plan ordinance is a necessary planning tool that provides the City flexibility in evaluating larger, more complex development scenarios. The ordinance provides for long- term planning, anticipation of phasing plans, and consideration for the timing of infrastructure improvements along the development timeline. The language in the ordinance is broad enough to allow multiple parties to apply for a specific plan. Property owners and developers may initiate the process for specific developments; the City Council and Planning Commission may initiate it for specific purposes; and the Director of Community Development may initiate it for governmental purposes; such as the case with the land controlled by the City' former_Redevelopment Agency. Development Plan The proposal-to eliminate the City's "development plan" process was reviewed. by staff in conjunction with preparing.the specific plan ordinance. As defined, development plans may be. used only for the development of land within an approved master plan. Development plans also establish separate common open space and design requirements, which should already be addressed in the master plan and therefore could potentially conflict with open space and design requirements identified in the master plan. Aside from its limited applicability and potential conflicts with master plans, development plans follow the same processing procedure, public hearing requirements, and are charged the same fee, as precise plan applications. Staff views the use of development plans as a redundant application process, one that precise plans applications are adequate for property development. Staff Report ZOA 15-03: Speck Plan Ordinance Page 5 of 5 December 1, 2015 Recently approved specific plan documents are conditioned to apply for precise plan approval prior to development of land within the specific plan boundaries. Staff believes that the same procedures for review, processing, and public hearings will remain materially unchanged by eliminating the development plan section of the zoning ordinance. Other Code Amendments "Master plan" and "specific plan" are used interchangeably in the City's Zoning Ordinance. Amendments to Sections 25.28.060 and 25.28.070 are made to make them consistent with the specific plan ordinance. In addition, minor amendments are made to these code sections to clarify existing language within the ordinance. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. In this case, staff completed an initial study to review the potential impacts of the Zoning Ordinance Amendment and has determined that there are no significant impacts associated with the proposed code changes. Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes. Submitted By: Eric Ceja, s ociate Planner Department Head: Tony Bagato, Ming Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO - APPROVE A NOTICE OF D ETE RM I N IATI O N - OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION ' 25.72.040 "DEVELOPMENT PLANS'" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.0-80 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.0.60, 25.28.0709 25.60.0609 AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE CASE N O: ZOA 15-0 3 WHEREAS, the Planning Commission of the City of Palm-Desert, California, did on the 1 St day of December, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert.for approval of the above noted.; and WHEREAS, the Planning Commission of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plan" creates a redundant application process already covered by the City's precise plan application process; and WHEREAS., establishing a Specific Plan Ordinance provides the City an additional planning tool for the initiation, review and processing of larger, more complex, development proposals; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development . Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect - changes implemented by the removal of the Section 25.27.040 "Development Plan" and the addition of Section "25.78.080 "Specific Plans;" and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution' No. 2015-75, the Director of Community Development has determined that the project will not have a.negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration in accordance CEQA; and WHEREAS, at- said public hearing, upon hearing and considering all testimony and arguments, if.any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the,recommendation to the City Council of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM, DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute,-the findings of the Planning Commission in this case. S i i PLANNING COMMISSION RESOLUTION NO. 2659 2. That the Planning. Commission does hereby recommend approval of Zoning Ordinance Amendment 15-03 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission-of the City of Palm Desert, California, at its regular meeting ,held on the..1st day of December 2015, by g g the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KEN-STENDELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\ZOA 15-03-Planning Commission Resolution.docx 2 T r PLANNING COMMISSION"RESOLUTION NO. 2659 EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section,, the General Plan, or this title to systematically implement the General Plan. for any part of the.City, a specific plan shall be prepared, processed, approved a.nd implemented, or disapproved, either by resolution or ordinance, and-in compliance with this Chapter. Specific plans may be required for.the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D.. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The propertyowner-or property owner's agent. 3. The Commission4 'd�_t"O__ff .-- 4. The Director. E. Required -Findings. The following findings shall be made by the Council prior to approval of.any specific plan or specific plan amendment: .1. Consistent with the General Plan. The' specific plan . or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public hea,lth-, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmo.nious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. a - t PLANNING COMMISSIC�N"'iRESOLUTIONNO. 2659 EXHIBIT B 25.28.060 Planned Community Development Overlay District A.. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. novoleFn�,on+ Dlar, Specific plan approval, as outlined in Section 25.78.080, is required for a tnO rnO Imf val the development T; +ho 1116Anno,. CQnm ,,ni+., r1.,or1p., %'ict of parcels within the PCD Overlay district. f B. Requirements. 1. Site area.' A minimum of a- 9 10 acres shall be required for a planned community development. 2. Specific plan required. Any application for a r,lar,r,orl nnmm,,ni+,, the development of a parcel(s) in the PCD overlay zone shall be accompanied by a m.asAw specific plan for the entire area covered -by` the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in QRe single ownership or under unified control or have the written .consent or agreement of all owners, of property proposed.for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans .for utility systems. may be required along with the application for the PCD overlay zone if determined necessary by the Director. C. Application.. A Change of Zone application to apply the overlay zone to ,a property or properties shall be submitted by the owner, his or her authorized agent, or the :purchaser.of the land(s), with the consent of the owner. The, application shall be accompanied by a specific plan application prepared by a. qualified team of professionals, such fees as may be established by the City- Council, and Other information as required by the Director., n Drnnsdnow ern 0 1. czi+"czni'nail ir% . A-a- 111%0 1 116 1 12emmission shall %-% V%A ho I I W I I i r PLANNING COMMISSIGN RESOLUTION NO. 2659 c+�fot�i or wol fa.ro • • 7 ,7�n� mp ei pnnrn�io �Tyo niith mnrn�tinn� nr rJony the pn�n1�ag1tm �o d Qr►iQinn of tho Cmi'nr+il Qhpll 1-�o find F Torrninniian of nuarinu m() �$I�.Minn opt li�hinrr ���_ 2�n �tC1'i' nn of Limo nt el noon nno �iopr mail ho arpn-tod hu t�h� inn s-" �iorl��i -�nno h�� Tnt hoon itili�orl_ • the��i�nr+i%-0-1 l i 1 +h�o frnrm of. a.. �nninrrlZI nm0mcimnnt i� rani iirjQrA to PItor t�ho • 2 b i f PLANNING COMMISSIONRESOLUTION NO. 2659 -EXHIBIT C 25.28.070 Freeway Commercial Overlay District 1 A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards. and incentives for the development Of specific types of commercial uses on commercially zoned properties with freeway frontage, ' and/or properties within one. signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant. may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses an-l-y conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses.. Uses permitted by an approved conditional use permitb-e are as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard' to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. -Convenience stores. 4. 'Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). T_ Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. C. Development standards. Pr^f J,o^+s rn Ir of r ese- J.,ir,rlor +phi, nhl I Iar,+��Ihl%a'11 ho Fnas r . Prior to development of vacant parcel(s) within the FCOZ, the Council shall con-curre'ntly approve a specific plan, a-precise plan application and -a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for.any of the proposed uses listed above. Approval of these-applications is subject to the following standards: nrnnoiz%zod +hrnl inh +ho anise mian nreno�� • � t1G`Ct: 3.- Drive-up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. '5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 1 t v ..fir PLANNING COMMISSION r�ESOLUTION NO. 2659 6. Specific' .plan documents shall be approved in accordance with Section 25.78.080. of the zoning Ordinance. D.-Required on-site parking. The required number of parking spaces for a combined development shall be cumulative -for all proposed uses. -The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in.the ,base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations.) and/or .as approved in the specific plan document. F. Landscaping. All rmaster nlanned commercial projects approved through the FCOZ process shall provide a,minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. 2 r Exhibit D 25.60.060 Public Hearing and Public Notice Al, 'Public hearing required. The following procedures shall govern the, notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications fora conditional use permit, variance, architectural review,. precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing- Pursuant to .California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be. mailed, postage prepaid, to. the owners of property within a radius .of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the, current tax assessor's records. The radius may be increased as determined to be necessary a*nd desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation-within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5., Notice of-the public hearing shall be mailed.to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other.manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights.and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing 'procedure. Hearings as provided for in this chapter shall be held at the -date, time, and place for which notice has been given as required in this chapter.. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is'not continued to a specific date/time, then the hearing shall be re-noticed. PLANNING COMMISSl0r4`RESOLUTION NO. 2659 � EXHIBIT E 25..99.020 Land Use Definitions. A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types dofti,',mR� t %%r!^n+ocd by ^r,�,n%n^o ^f VW 1W1 Whore r•i inh nnlinio�) QfPI%.f I W%A v_1F I 1 %0 1 1%01%OW %.F L%%ndPrdQ and real il.PtIORS are nnnlinnhlo pursuant to, the V V Irequirements of the Government Code of the state. B. Planned Developme-n't. A development of parcels of land as a coordinated project which has been developed according to an approved a,T specific plan. Adequate control of the development is.provided in order to maintain aesthetic values and to protect the investment of developers as well.as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved rAo i%.#II n+ nlr n specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community.as a whole. D. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved do„o'^ninon+�„'-an specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well_.as the community as a whole. J CITY OF PALM DESERT LEGAL NOTICE CASE NO,ZOA 15-0 3 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL .CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.0709 25.60.0609 AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE The City of Palm Desert (City), in its capacity as.the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial-Study to review the potential environmental impacts OF adopting a Specific Plan-Ordinance and have determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment as individual development proposals, which may utilize the Specific Plan process, will be undergo additional environmental. review as part of their Specific Plan process and prior to any development within a specific plan area. Project Location/ Description: Project Location: City-wide Code Amendment: Palm Desert Municipal Code Section 25.72.040 "Development Plans" is being. repealed and a new Municipal Code Section for "Specific Plans" is being introduced. The Specific Plan Ordinance complies with State statutes and guidelines for the preparation of specific plan documents for master planning purposes. Minor amendments to the zoning ordinance will include replacing all references to "development plans" with references to "specific plans", and amending municipal code definitions accordingly. The proposed code amendment reads as follows: 25.78.080 Specific Plans 4 A. . Purpose.The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When. required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific.plans may be required for the.development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific .Plans shall be considered by- the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. e f C. specific. Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council; 2. The property owner or property owner's agent; 1 The Commission by a majority vote; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility.The specific plan or amendment is compatible with zoning on adjacent properties, .and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate. for . the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions-of the California Environmental Quality Act. Recommendation: Staff is recommending that the, Planning Commission adopt a resolution supporting the changes to Zoning Ordinance and allow the. item to move forward to a public hearing with the City Council. - Public Hearing: The public hearing will be.held before the Planning Commission on December 1, 2015, at6:00pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible.date. The public comment period on this project is from November 2.1, 2015 to December 1, 2015. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please_submit written comments to the. Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the. public hearing described in this notice or.in written correspondence at, or prior to, the Planning:Commission hearing. All comments and any questions should be directed to: 2 •N. `I 111r Eric Ceja, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA.92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN TONY BAGATO, Acting Secretary November 21, 2015 Palm Desert Planning Commission ' 3 NOTICE OF INTENT TO ADOPYA NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Palm Desert Project Name: Specific Plan Ordinance Project Description: To establish a specific plan ordinance within the City's zoning ordinance which specifies guidelines for the applicability,processing, and content of specific plan documents. Project Location—Identify Citywide street address and cross streets or attach a map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the Lead Agency's Guidelines for Implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study,the Lead Agency's Staff has concluded that the project will not have a significant effect on the environment,and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. ❑ The proposed project IS considered a project of statewide,regional or areawide significance. ® The proposed project IS NOT considered a project of statewide,regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ❑ A scoping meeting WILL be held by the Lead Agency: ® A scoping meeting WILL NOT be held by the Lead Agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the.date,time and location of the scoping meeting are as follows: Date: Time: Location: Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency's office,located at:73-5 10 Fred Waring Drive,Palm Desert, CA 92260 The proposed Negative Declaration or Mitigated Negative Declaration can be-obtained in electronic format by the following method:by email or in person Lead Agency address: 73-510 Fred Waring Drive,Palm Desert, CA 92260 Comments will be received from November 5,2015 to December I,'2015 Any person wishing.to comment on this matter must submit such comments,in writing,to the Lead Agency prior to December 2,2015. Comments of all Responsible Agencies are also requested. NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 1 FORM"D" i e Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: December 2,2015 Date: December 2,2015 Time: 6:00 p.m. If the Lead Agency finds that the project will not have a significant effect on the environment,it may adopt the Negative Declaration/Mitigated Negative Declaration This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Eric Cei a Staff . (Clerk Stamp Here) Associate Planner NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 2 FORM"D" NEGATIVE DECLARATION 4, 1. Name or description of project: Specific Plan Ordinance 2. Project Location—Identify street City-wide address and cross streets or attach a map showing project site(preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 3. Entity or Person undertaking project: A. City of Palm Desert Eric Ceja,Associate Planner B. Other(Private) The Lead Agency, having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior.to the public meeting of the Lead Agency, and having reviewed the recommendation of the Lead Agency's Staff,does hereby find and declare that the proposed project will not have.a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings,are as follows: The Specific Plan ordinance allows the City to establish processing and plan guidelines for the development of specific plan documents. Individual development projects which choose to utilize the,specific plan process will be reviewed in accordance with CEQA for specific environmental impacts as they relate to that development. Other minor code amendments are proposed to make'the City's Zoning Ordinance internally consistent with the, new specific plan ordinance.The ordinance,by itself,will not have a negative impact on the environment. The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: Phone No.: (760)346-011 Date Received for Filing: Staff Negative Declaration FORM"E" INITIAL STUDY NOTE:The following is a sample form and may be tailored by the Lead Agency to satisfy prof ect circumstances. It may be used to meet the requirements for an initial study when the criteria set forth in.the State and Local CEQA Guidelines have been. met. Substantial evidence of potential, impacts that are not listed on this form must also be considered. The sample questions in this form are intended to encourage thoughtful assessment of impacts, and do not necessarily represent thresholds of significance. 1. Project Title: Specific Plan Ordinance 2. Lead Agency Name and Address: City.of Palm Desert -73-510 Fred Waring Drive Palm Desert,CA 92260 (760)346-0611 3. Contact Person and Phone Number:Eric Ceja,Associate Planner,Department of Community Development 4. Project Location: City of Palm Desert(citywide). 5. Project Sponsor's Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of Project: (Describe the whole*action involved,including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheet(s)if necessary.) Adoption of an ordinance repealing the existing"Development Plan"ordinance and replacing it with a"Specific Plan"ordinance that is compliant with California Government Code Section.65450—65457 and which allows cities to prepare and adopt specific plan documents for implementation of the-City's General Plan. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) N/A _ 10. Other public agencies whose approval is required(e.g.,permits,financing approval,or participation agreement): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked-below would be potentially affected by this project,involving at.least one impact that is a"Potentially Significant Impact as indicated by the checklist on the following pages. Aesthetics Agriculture/Forestry Resources' Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards&Hazardous Materials 0 Hydrology/Water Quality ❑ Land Use/Planning Mineral Resources Noise. 0 Population/Housing Public Services ❑ Recreation Transportation/Traffic Utilities'/Service Systems F-1 Mandatory Findings of Significance Initial study Form Page 1 of 17 FORM"J" DETERMINATION(To be compleLeu oy the Lead Agency): On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant' or"potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects(a)have been analyzed adequately in an earlier FIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIRor NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing finther is required. 11144 15 Signature Data( 11� �ric, ee�c� Ci� Oi- a(..� �e)GrT Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact'answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A"No Impact'answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rapture zone). A"No Impact'answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the Lead Agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant. "Potentially Significant Impact'is appropriate ifthere is substantial evidence that an effect is significant. If there are one or more"Potentially Significant Impact'entries when the detemrination is made, an EIR is required. 4) 'Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from'Potentially Significant Impact'to a"Less than Significant Impact."The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross- referenced). Initial study Fmm Page 2 of 17 FORM".P' f 5) Earlier analyses may be us where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on.the earlier analysis. c) Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were.incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts(e.g. general plans,zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form,and lead agencies are free to use different formats;however,lead agencies should normally address the questions from this checklist that are relevant to a proj ect's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or tbreshold,if any,used to evaluate each question; and b) the mitigation 'Measure.identified,if any,to reduce the impact to less than significance. SAMPLE QUESTION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact, Impact I. AESTHETICS--Would.the project: a) Have a substantial adverse effect on 11 El Z a scenic vista? b) Substantially damage.scenic El 0 resources,including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing F-1 1:1 Z visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely _affect day or nighttime views in the area? Initial study Fonn Page 3 of 17 ' FORM"J" r� Less 1 han 1 Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Comments: The ordinance to establish the processing of individual specific plans.will not have an impact on local aesthetic.Developments,which are required to,or choose to,develop specific plan documents will be subject to CEQA review and any impacts related to aesthetics will be evaluated on a case-by-case basis,once those projects are submitted for review. II. AGRICULTURE AND FOREST RESOURCES—In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment.Model(1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland,are significant environmental effects,lead agencies may refer to information compiled by the California Department.of Forestry and Fire Protection regarding the state's inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board.—Would the project: a) Convert Prime Farmland,Unique ❑ 1:1 Z Farmland,.or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for FT agricultural use,or a Williamson . Act.contract? c) Conflict with existing zoning for,or El El. cause rezoning of, forest land(as defined in Public Resources Code section 12220(g)),timberland(as defined by Public Resources Code section 4526), or timberland zoned Timberland Production(as defined by Government Code section 51104(g))? Initial Study Form Page 4 of 17 FORM"J" L an Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Result in the loss of forest land or 0 1:1 E conversion of forest land to non- forest use? e) Involve other changes in the existing 0 environment which, due to their location or nature,could result in conversion of Farmland,to non- agricultural use or conversion of forest land to non-forest use? Comments: There is no active farmland or Williamson Act land within the City of Palm Desert.Individual projects that develop a specific plan document will be evaluated for environmental-impacts in accordance with CEQA guidelines once the project is submitted for review. III. AIR QUALITY—Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct El implementation of the applicable air quality plan? _ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is.non-attainment under.an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Comments: The proposal to adopt a specific plan ordinance will not have an impact oft air quality. The proposed ordinance establishes a procedure that will allow specific plan documents to be reviewed for CEQA compliance and air quality impacts. Initial study Form Page 5 of 17 FORM"J" J . Les 1 nan Significant Potentially With Less Than Significant- Mitigation Significant No Issues:. Impact Incorporated Impact Impact IV. - BIOLOGICAL RESOURCES—Would the project: a) Have a substantial adverse effect, EJ El 0 either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect on El E I El any riparian habitat or other sensitive natural community identified in local or regional plans, policies,regulations or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as. defined by Section 404 of the Clean. Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal, filling,hydrological interruption,or other means?- d) Interfere substantially with the _ movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an El 1:1 adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional,or state habitat conservation plan? Initial study Form Page 6.of 17 FORM"J" Less Than Significant Potentially. With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact ' Comments: The specific plan ordinance will not have an impact on local biological resources. Individual specific plan documents will be reviewed for CEQA commpliance and will be evaluated against any adopted Habitat Conservation Plans, including the Coachella Valley Multi-species habitat conservation plan,once the project is submitted for review. V. CULTURAL RESOURCES-Would the project: a) .Cause a substantial adverse change in the significance of a historical resource as defined in§ 15064.5? b). Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological_resource or site or unique geologic feature? d) Disturb any human remains, 17 including those interred outside of formal cemeteries? Comments: The specific plan ordinance will not have an impact on local cultural resources.Individual specific plan documents will be reviewed for CEQA compliance and cultural resources will be-evaluated on a site-by-site basis,once the project is submitted for review. VI. GEOLOGY AND SOILS—Would the project: a) Expose people or structures to El El z potential substantial adverse effects, including the risk of loss,injury or death.involving: - i) Rupture of a known earthquake 0Cl 1:1 z fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map�issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? El z iii) Seismic-related ground failure, including liquefaction? iv) Landslides? El El El Initial study Form Page 7 of 17 FORM"J" J Less fhan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil El 11 that is unstable, or that would become unstable as a result of the project,and potentially result in on- or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? d) Be located on expansive soil,as El El Ll defined in Table 18-1-B of the Uniform Building Code,creating substantial risks to life or property? e) Have soils incapable of adequately 0 0 supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Comments: The specific plan ordinance will not have an impact on geology and'soils as the ordinance establishes the processing guidelines.for individual specific plan projects.Once a specific plan is submitted the City will.review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. VII. GREENHOUSE GAS EMISSIONS—Would the project: a) Generate greenhouse gas emissions, either directly or indirectly,that may have a significant impact on the environment? b) Conflict with an applicable plan, F-1 El. ,policy or regulation adopted.for the purpose of reducing the emission of greenhouse gases? Comments:The specific plan ordinance will not have an impact on greenhouse gas emission as the ordinance establishes the processing guidelines for individual specific plan projects. Once a specific plan is'sub_mitted the City will review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. VIII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the' El public or the environment through the routine transport,use, or disposal of hazardous materials? Initial Study Form Page 8 of 17 FORM"J" ■ Less i han Significant Potentially With Less Than. Significant Mitigation Significant No Issues: Impact. Incorporated Impact Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous'emissions or handle hazardous or acutely hazardous materials,substances; or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and,as a result,would-it create a significant hazard to the public or the.environment? e) For a project located within an . airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a 1:1 Z private airstrip,would the project result in a safety hazard for people residing or working in the project area? g). Impair implementation of or 1:1 physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a 0 1:1 significant risk of loss.,injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: The specific plan'ordinance will not cause or create impacts related to hazardous materials as the-ordinance establishes processing.guidelines for individual specific plan projects. Once a specific plan is submitted the Cityy will review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. Initial study Form Page 9 of 17 FORM"F9 Less 1 an Significant Potentially With Less Than Significant Mitigation . Significant No Issues: _ Impact Incorporated Impact Impact IX. HYDROLOGY AND WATER QUALITY-- Would the project: a) Violate any water quality standards 0 or waste discharge requirements? b) Substantially deplete groundwaterEl 1:1 1:1 Z supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing El F� drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or -amount of surface runoff in a _ manner which would result in flooding on-or off-site? e) Create or contribute runoff water 0 which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade 0 water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Initial study Form Page 10 of 17 FORM"J97 Less i nan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact i) Expose people or structures to a significant risk of loss,injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j) Expose people or structures to El - inundation by seiche,tsunami,or mudflow? . Comments:The specific plan ordinance will not have an impact on hydrology and/or water quality as the ordinance establishes the processing guidelines for individual specific plan projects. Once a specific plan is submitted the City will review the plan in accordance with CEQA guidelines,Water Quality Management Plans,Best Management Practices, and Storm Water Pollution Prevention Plans,and individual project impacts will be studied at that time. X. LAND USE AND PLANNING=Would the proj ect: a) Physically divide an establishedEJ El community? b) Conflict with any applicable land F] F� use plan,policy,or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan,specific plan, local coastal program,,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with,any applicable habitat 0 conservation plan or natural community conservation plan? Comments: The specific plan ordinance will not have land use.and planning impacts that will divide an establish community or conflict with habitat-conservation plans or local land use policy. The City has adopted the Coachella Valley Association of Governments Coachella Valley Multispecies Habitat Conservation Plan and will mitigate any impacts related to this plan on an individual specific plan basis.The ordinance will establish processing guidelines for the content and processing of specific plan documents..Once a specific plan document is submitted it will be review in accordance with CEQA requirements and individual project impacts will be evaluated at that time. XI. MINERAL RESOURCES--Would the project: a) Result in the loss of availability of a F-1 known mineral resource that would be of value to the region and the residents of the state? Initial study Form Page 1.1 of 17 FORM"J" Less i iian Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Result in the loss of availability of a E] El z locally-important mineral resource recovery'site delineated on a local general plan, specific plan or other land use plan? Comments:The specific plan ordinance will not have an impact,on mineral resources as the ordinance establishes guidelines for specific plan content and processing. Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XII. NOISE--Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation El Z of excessive.groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in 1 the project vicinity above levels existing without,the project? e) Fora project located within an airport land use plan or,where such a plan has not been adopted,within two miles-of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a-proj ect within the vicinity of a 0 private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Comments: The specific plan ordinance will not have an impact on noise as the ordinance establishes guidelines for specific.plan content and processing.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts-related to noise will be studied at that time. - t Initial study Form Page 12 of 17 FORM."J" Less t han Significant Potentially With Less Than Significant Mitigation Significant, No Issues: Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING--Would the project: a) Induce substantial population ❑ El E El growth-in an area,either directly (for example,by proposing new homes and businesses)or indirectly (for example,through extension.of, road or other infrastructure)? b) Displace substantial numbers of ❑ El existing housing,necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ people,necessitating the construction of replacement housing elsewhere? Comments: The specific plan ordinance will not have an impact on population and house as the ordinance establishes guidelines for specific.plan content and processing.Individual specific plan projects, once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XIV. PUBLIC SERVICES--Would the project: a) Result in substantial adverse ❑ ❑ ❑ physical impacts associated with the. provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other'performance objectives for any of the public services: - Fire protection? 0 El El Police protection? El El El Schools? ❑ ❑ ❑ E Parks? ❑. El ❑ Other public facilities? ❑ 1:1 ❑ Initial Study Form Page 13 of 17 FORM"J99 Less 1 nan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Comments:The specific plan ordinance will not have an impact on public services as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on public-services.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time XV. RECREATION--Would the project: a) Increase.the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational EJ El El E facilities or require the.construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: The specific plan ordinance will not have an impact on recreation in the City as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on recreation.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines.and individual project impacts will be studied at that time XVI. TRANSPORTATION/TRAFFIC=-Would the project: a) Conflict with an applicable plan, 0El ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation n including mass transit and non-motorized travel and relevant components of the circulation system,-including but not limited to intersections, streets, highways and freeways,pedestrian and bicycle paths,and mass transit? _ b) Conflict with an applicable -congestion management program, including,but not limited to, level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? Initial study Form Page 14 of 17 FORM"J" s Less I han Significant Potentially With Less Than Significant Mitigation Significant No .Issues: Impact Incorporated Impact Impact c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature(e.g.,sharp curves or dangerous intersections) or incompatible uses(e.g., farm equipment)? e) Result in inadequate emergency1:1 El 1:1 0 access? f) Conflict with adopted policies, El 1:1 1:1 0 plans,or programs regarding public transit,bicycle,or pedestrian facilities;or otherwise decrease the performance or safety of such facilities? Comments: The specific plan ordinance.will not have an impact on transportation and traffic in the City as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on transportation.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XVII. UTILITIES AND SERVICE SYSTEMS-- Would the project: . a) Exceed wastewater treatment El requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction El L1 of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? .c) Require or result in the construction El 1:1 of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? Initial study Form Page 15 of 17 FORM"J" Less i nan Significant Potentially With Less Than. Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Have sufficient water supplies available to serve the project from existing entitlements.and resources, or are new or expanded entitlements. needed? In making this determination,the Lead Agency shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et.seq. (SB 610),and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the El wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's-projected demand in addition to the provider's existing commitments? f) Be served by a landfill with ❑ 1:1 z sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state,.and local statutes and regulations related to solid waste? Comments:The specific plan-ordinance will not have an impact on utility and service systems in the City as the ordinance establishes guidelines.for specific plan content and.processing and allows the City to better understand individual specific plan projects impacts on utility services.The ordinance requires specific plan projects to consult with utility.service providers as part.of their project feasibility and review with the City.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. Initial.study Form Page 16 of 17 FORM"J" Less hnan Significant Potentially With Less.Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential El 0 to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community,,substantially reduce the number or restrict the range of a rare or endangered plant or animal or -eliminate important examples of the major periods of California history . or prehistory? b) Does the project have the potential El F� to achieve short-term environmental goals to the disadvantage of long- term environmental goals? c) Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in-connection with the effects of past'projects,the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental El El -E1 z effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments:The specific plan ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific planproject impacts on the environment.Individual specific planprojects, once submitted,will be reviewed.in accordance.with CEQA guidelines and individual project impacts will be studied at that time. The ordinance does not degrade the quality of the existing environment,nor does it favor short-term environmental goals over long-term goals. Cumulative impacts related to individual projects will be evaluated once development projects are submitted for review.The ordinance will not have a negative impact on the environment or adversely affect human beings as the ordinance allows for greater environmental review on individual development proposals. Note: Authority cited: Sections 21083,21083.05-Public Resources Code. Reference: Section 65088.4,Gov. Code; Sections 21080(c),21080.1,21080.39 21083.055 21083.35 21093,210949 21095 and 21.151,Public Resources Code; Sundstrom v. County of Mendocino(1988)202 Cal.App.3d 296;Leonoff v.Monterey Board of Supervisors(1990)222 Cal.App.3d 1337;Eureka Citizens for Responsible Govt. v.City of Eureka(2007) 147 Cal.App.4th 357;Protect the Historic Amador Waterways v.Amador Water Agency(2004) 116 Cal.AppAth 1099, 1109;San Franciscans Upholding the Downtown Plan-v. City-and County of San Francisco(2002) 102 Cal.AppAth 656. Initial study Form Page 17 of 17 FORM"J" The Desert Sun City of Palm Desert 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 Community Development 760-7784678/Fax 760-7784731 rl1 y 'C'LERK's OLJ FFICE NOV 24 2015 State Of California as: PALM DESERT, CA County of Riverside 2115 NOV 24 AM 10= 44 Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT , CA 92260 Order# 0000878562 No 1666: CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 15-03 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 'DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25,28.070,25.60.D60,AND 25.99,020 TO REFLECT THE NEW SPECIFIC PLAN ORDI- NANCE The City of Palm Desert(CIty),in its capacity as the Lead Agency for this project I am over the age of 18 years old, a citizen of under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental Impacts OF adopting a Specific the United States and not a party to, Or have Plan Ordinance and have determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment as Individual interest in this matter. I hereby certify that the development proposals,which may utilize the Specific Plan pprecess,will be un- dergo additional environmental review as part Of their SWAT Plan process and attached advertisement appeared in said prior to any development within a specific plan area. Project Location/Description: newspaper(set in type not smaller than non Project Location :City-wide Code Amendment: pariel)in each and entire issue of said Palm Desert Municipal Code Section 25.72.040"Development Plans"is being re- pealed and a new Municipal Code Section for"Specific Plans" is being intro- newspaper and not in any supplement thereof duced.The Specific Plan Ordinance complies with State statutes and guidelines for the preparation of specific plan documents for master planning purposes. on the following dates,t0 wit: Minor amendments to the zoning ordinance will include replacing all referen- municipalcc$to lc de definiment tionssaccordingly.The proposed ific codelansff and amendmentnreads�as Newspaper:The Desert Sun follows: 25.78.080 Specific Plans A. Purpose.The purpose of this chapter Is to establish a process for preparing, 11/21/2015 .processing, reviewing, adopting and amendingg specific plans in compliance with State law(Government Code Section 65450 It.seq.). When required by subsection C of this Section,the General Plan,or this title to system m atically Im- pleent the General Plan for any part of the City,a specific plan shall be pre- pared,processed,approved and implemented,or disapproved,either by resolu. Lion or ordinance, and in compliance with this Cha ter.Specific plans may be required for the development of properties as identlfled In the CiTy s Zoning or- dinance. I acknowledge that I am a principal clerk of the B. Applicable State Law.Specific plan applications and documents shall be pre- printer of The Desert Sun, printed and pared and submitted In compliance with California Government Code Section P P GM50 It. seq. Specific Plans shall be considered by the Planning Commission Published weekly City In the CI of Palm Springs, with a recommendation to the City Council.The Council may act either by reso- lution lution or ordinance and may amend the specific plan as often as deemed neces- County of Riverside, State of California.The sary by the Council. C. Specific Plan Required. Specific plans shall be required for development In Desert Sun was adjudicated a Newspaper of certain districts,as referenced in the Zoning Ordinance, Including but not limit- ed to the City's Planned Community Development (PCD) Overlay District and general circulation on March 24, 1988 by the the Freeway Commercial Overlay(FCOZ)District. D. Initiation, A specific plan or specific plan amendments may be Initiated by Superior Court of the County of Riverside, the foliowing: 1. The Counci l; State of California Case No. 191236. is The property on be soma olce�owner's agent 4. The Director. y majority vote;or E.Required Findings.The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan.The specific plan or amendment is consis- tent with the goals,objectives,and policies of the General Plan. 2. Public Welfare.The specific plan or amendment will not create conditions I declare under penalty of perjury that the materially detrimental to the public health safety,and general welfare. P ty P ry 3. Land Use Compatibility.The specific plan or amendment is compatible with foregoing Is true and correct. Executed On zoning on adjacent properties,and ensures development of desirable character 9 9 that will be harmonious with surrounding properties. 4. Property Suitability. The speclfi<plan or amendment is suitable and appro. 21rst day o VEMBER, 2015 in Palm priate for the location,access,and topography for the development of the sub- ject property. Springs, Cal nla. S. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Ad. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changgges to Zoning Ordinance and allow the Public item o Hea ingorwar The pub lidto cuhleaingic rwllI be held b with the efCounc ore the'I Planning Commis- sion on December 1,2015,at 6:00 pm, Comment Period: Based on the time limit,defined by CEQA,your responu should be sent at the earliest possible date.The public comment period on this project Is from November 21,2015 to December 1,2015. Plic Review The Zoning Ordinance Amendment is available for public re- view daily at City Hall.Please submit written comments to the Planning Depart- ment.If any group challenges the action in court,issues raised maybe limited to only those Issues raised at the public hearing described inthis notice pit inng. All written correspondence at,or prior to, the Planning Commission heari nt comments and any questions should be directed to: Eric Ceja,Associate Planner City of Palm Desert 73-510 Fred Waring Drive,Palm Desert,CP.92260 (760)346-0611 ecejadcIty0fpalmdesertorg TONY BAGATO,Acting Secretary Palm Desert Planning Commission Published:11/21/15 aY Now, search Print No Frames Title 17 ZONING Division IV. Permits and Review Chapter 17.54 SPECIFIC PLANS 17.54.010 Purpose. A. The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et seq. or as this chapter may be amended/replaced from time to time). B. When required by Section 17.54.030(Applicability), below, the General Plan, or this title to systematically implement the general plan for any part of the city, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter. (Ord. 777 § 1 (Exh. A), 2002) 17.54.020 Intent. A. A specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this title. B. A specific plan adopted by resolution shall be applied as guidelines and the applicable standards contained in this title shall take precedence over the development standards identified in the specific plan. (Ord. 777 § 1 (Exh. A), 2002) 17.54.030 Applicability. A. An application for a specific plan shall be considered by the commission and council. B. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of vehicular access. C. A specific plan shall be required under the following circumstances: 1. Areas designated SP (Specific Plan Overlay) zoning district require the preparation of a specific plan in compliance with Chapter 17.14(Overlay Districts); 2. Areas included within the city's sphere of influence and proposed for annexation to the city require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure; and 3. A specific plan, as a tool which is available to private property owners not covered by subparagraphs I and 2, above, could assist in the comprehensive master planning of a specific site(s). (Ord. 777 § 1 (Exh. A), 2002) 17.54.040 Minimum project area. A. The minimum project area for a Specific Plan shall be forty acres. B. The project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners. (Ord. 777 § 1 (Exh. A), 2002) 17.54.050 Initiation and pre.._.rmittal requirements. A specific plan may be initiated in the following manner: A. By a resolution of intention adopted by the council, with or without a recommendation from the commission; B. By a resolution of intention adopted by the commission; or C. By an application being filed by the owner(s) of one or more parcels which would be the subject of the specific plan. If initiated by an applicant, the following should first occur: 1. A pre-application conference with the director is strongly encouraged before the filing of a specific plan application, in compliance with Section 17.36,030 (Pre-application Conference). 2. Public meeting(s) required. a. Before the preparation of the specific plan, at least one public/neighborhood meeting shall be held to identify potential community impacts and concerns relating to the proposed plan. b. Public notice of the meeting shall be in compliance with Chapter 17.74 (Public Hearings). (Ord. 777 § 1 (Exh. A), 2002) 17.54.060 Preparation and content. A. The applicant shall prepare a draft specific plan for review by the city that includes detailed information in the form of text and diagram(s), organized in compliance with state law (Government Code Section 65451). B. The following information shall be provided: 1. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas; 2. 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 to be located within the specific plan area and needed to support the proposed land uses; 3. Standards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; 4. A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; 5. A discussion of the relationship of the specific plan to the actions, goals, objectives, and policies of the general plan; and 6. 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 actions, goals, objectives, and policies of the general plan, or any other issue(s) determined by the director to be significant. (Ord. 777 § 1 (Exh. A), 2002) 17.54.070 Application filing, processing, and review. A draft specific plan and application shall be filed with the department, and shall be accompanied by the fee established by the city's fee resolution. The draft plan shall be processed in the same manner as required for general plans by state law, and as follows: A. Directors Evaluation. 1. After the filing of a draft specific plan, the director shall review the draft plan to determine whether it is in compliance with the provisions of this chapter. 2. If the draft plan is not in compliance, it shall be returned to the appmant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance. 3. When a draft plan is returned by the applicant to the department and the director determines it is complete and in compliance with this chapter, the plan shall be deemed to be accepted for processing, in compliance with Section 17.36.060 (Initial Application Review). B. The draft specific plan shall be subject to environmental review as identified in Section 17.36.070 (Environmental Assessment); and C. A written staff report shall be prepared for the draft specific plan which shall include detailed recommendations for changes to the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption. (Ord. 777 § 1 (Exh. A), 2002) 17.54.080 Commissions action. The commission shall make a written recommendation to the council on the proposed specific plan whether to approve, approve in modified form, or disapprove based upon the findings identified in Section 17.54.100 (Findings and Decision), below. (Ord. 777 § I (Exh. A), 2002) 17.54.090 Councils action. A. Upon receipt of the commissions recommendation, the council may approve, approve in modified form, or disapprove the proposed specific plan based upon the findings identified in Section 17.54.100 (Findings and Decision), below. B. Any substantial change(s) to the specific plan that were not considered by the commission shall be referred to the commission for its recommendation, in compliance with state law (Government Code Section 65356). C. Failure of the commission to report within forty days after the referral, or a longer period set by the council, shall be deemed a recommendation for the approval of the change(s). (Ord. 777 § 1 (Exh. A), 2002) 17.54.100 Findings and decision. A. A specific plan may be approved, only if all of the following findings are made: 1. The proposed specific plan is consistent with the general plan; 2. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; 3. The subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s); 4. The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act(CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. B. The specific plan shall be approved by ordinance, or by resolution of the council, in compliance with state law (Government Code Section 65453). (Ord. 777 § 1 (Exh. A), 2002) 17.54.il0Implementation and amendments. A. After the adoption of w .,,iecific plan, a public works project, a LcuLative map or parcel map, or an amendment to this title may be approved/adopted within an area covered by a specific plan only if it is first found consistent with the specific plan. B. Implementation of development projects within an area covered by a specific plan shall require the filing and approval of all applicable development permits. C. The council may impose a specific plan fee surcharge on development permits and approvals within the specific plan area, in compliance with state law (Government Code Section 65456). D. Amendments. I. A specific plan may be amended through the same procedure specified by this chapter for the approval 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). (Ord. 777 § I (Exh. A), 2002) 17.54.120 Applicable regulations. All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following: 17.76 Appeals 17.36 Application Filing, Processing, and Fees 17.68.080 Changes to an Approved Project 17.74 Public Hearings 17.78 Revocations and Modifications 17.68.070 Time Extensions (Ord. 777 § 1 (Exh. A), 2002) View the mobile version. La Quinta Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 9 ZONING Chapter 9.240 SPECIFIC PLANS 9.240.010 Specific plan review. A. Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan. B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65450 et seq., of the State Government Code and that such provisions shall be so construed. J C. Who May Apply. A specific plan or specific plan amendment application may be initiated by: 1. The city council; 2. The owner of the property or by the owners agent(with written notarized authorization from the owner); 3. The planning commission by a majority vote; or 4. The planning director. ✓D. Review Procedures. Specific plans shall be prepared, adopted and amended in the same manner as the general plan, except that a specific plan may be adopted either by resolution or ordinance. VE. Required Findings. The following findings shall be made by the city council prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the general plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties. 4. Property Suitability. The specific plan is suitable and appropriate for the subject property. (Ord. 367 § 1, 2002; Ord. 284 § 1, 1996) View the mobile version. _ PI lit No Frames Title 3 REVENUE FINANCE Chapter 3.45 CHILDCARE FACILITIES IMPACT MITIGATION FEE I remove hiahli2htingI 3A5.010 Purpose, use and findings. The city council finds and determines as follows: A. As recognized by both state and local law, child care has become an increasingly important community service that is difficult for many families to secure due to lack of available facilities and spaces and/or because of cost. Good quality child care services are an essential service for working parents and such child care facilities can contribute positively to a child's emotional, cognitive and educational development. The state has acknowledged the need for quality child care facilities in both the Health and Safety Code and the Government Code. Similarly, the city's general plan states that the city should encourage the availability of adequate, convenient, affordable child care that is accessible to all economic segments of the community. B. The purpose of this chapter is to create a child care facilities impact mitigation fee that will apply to new, nonresidential development in the city. This fee will further the public health, safety and welfare by funding the construction of needed child care facilities in the city. This chapter is thus consistent with both the state's policy of encouraging quality child care facilities and with the city's general plan. The city has the authority to enact the ordinance codified in this chapter pursuant to Article XI, Section 7 of the California Constitution and in accordance with the Mitigation Fee Act, Government Code Sections 66000 of seq. C. Based on the findings of the city of Palm Desert, the purpose of the child care facilities impact mitigation fee enacted by this chapter is to fund required capital improvements to create new child care facilities or new spaces or improvements to existing child care facilities in the city that will be available to serve the new employees working in new, nonresidential developments in the city. The city council finds that nonresidential development results in businesses whose employees require child care. This child care facilities impact mitigation fee requires new nonresidential development to pay its reasonable share of the increased need for child care facilities generated by such development. D. The city will use the child care facilities impact mitigation fee to construct or cause the construction of new child care facilities or for the expansion or improvements of existing child care facilities in the city. Without limitation due to enumeration, the city shall use the child care facilities impact mitigation fee to construct or cause the construction of new day care centers, new family day care homes and the expansion of existing day care centers and family day care homes. The city's use of the child care facilities impact mitigation fee shall be consistent with the city's child care facilities master plan, which may be updated from time to time. Recipients of child care impact fees shall be required to enter into agreements that secure to the city, over time, the benefits delved from those investments, ensuring that the objectives of this chapter are achieved. E. There is a reasonable relationship between the need for the facilities identified in the city's child care facilities master plan and the types of development projects upon which this fee is to be imposed. New, nonresidential development in the city generates new businesses that need new employees. Many of these new employees require child care facilities. The city anticipates that nineteen thousand five hundred new jobs will be created through build-out of the parcels with nonresidential land use designations in the city's general plan. As more particularly stated in the city's child care facilities impact fee nexus study, it is estimated that these new jobs generated by this new nonresidential development will create the need for a substantial number of child care spaces in the city. This need created by this new development may be satisfied by the construction of new day care centers or family day care homes or by the expansion of such facilities. Therefore, the facilities to be funded by the child care facilities impact mitigation fee bear a reasonable relationship to the type of development project on which this fee is to be imposed. F. The use of the child ch.v facilities impact mitigation fee bears a ..asonable relationship to the type of development project on which this fee is to be imposed. The city will use the fee to construct or cause the construction of new, expanded or improved child care facilities. As documented in the child care facilities impact fee nexus study, these new, expanded or improved facilities are needed to address the needs of new employees working at the new, nonresidential developments to which the fee applies. Therefore, the fee's use bears a reasonable relationship to the type of development project on which this fee is to be imposed. G. In any action imposing this child care facilities impact mitigation fee as a condition of approval of a development project, the city shall determine how,there is a reasonable relationship between the amount of the fee and the cast of the facility or portions of the facility attributable to the development on which this fee is to be imposed. (Ord. 1101 § 1, 2005) View the mobile version. Se"Vch Prig? No Frances Title 25 ZONING Chapter25.28 OVERLAY DISTRICTS I remove highlighting 1 25.28.060 Planned Community Overlay District A. Purpose and applicability. The Planned Co'imunty Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Development Plan as outlined in Section 25.72.040 is required for approval of a development in the Planned Community Overlay district. B. Requirements. 1. Site Area. A minimum of 100 acres shall be required for a planned community development. 2. Master Plan Required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application. An application for an overlay zone shall be submitted by the owner, his or her authorized agent, or the purchaser'of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director. `"c' D. Procedure. 1. Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the cem m ity-master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the ]an. The decision of the Council shall be final. yp«, y� E. Termination of overlay zone. (:u(i. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within two years from date of adoption of the resolution establishing the zone. 2. An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 3. Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, auu action by the Council in the form of a zcmmg amendment is required to alter the boundaries, master plan, or development standards. (Ord. 1259 § 1, 2013) View the mobile version. ._ Vviain search Print No Frames Title 25 ZONING Chaoter25.28 OVERLAY DISTRICTS I remove high1i2htin2] 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ, the project must utilize FCOZ standards. B. Conditional uses. Uses permitted by approved conditional use permit shall be as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotel. 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. C. Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following: I. Development of individual projects within the approved master plan shall be processed through the precise plan process. 2. Property to be master planned shall be at least 5 acres in size and shall have frontage on a designated arterial street. 3. Drive-up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). D. Required on-site parldng. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur(i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations). F. Landscaping. All master planned projects approved through the FCOZ process shall provide a minimum of at least 30 percent .a,idscaped open space, of which at least ua,-of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. (Ord. 1259 § 1, 2013) View the mobile version. Search Print No Ffamws Title 25 ZONING Chapter 25.60 PROCEDURES I remove hiEhli¢htingJ 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, master plan, specific plan, zoning code and/or map amendment, prezoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall he given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth(1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Council for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. 1259 § 1, 2013) View the mobile version. Searo� Pr�i�. PJ, 9=ran�es Title 25 ZONING Chanter 25.72 DECISIONS BY THE PLANNING COMMISSION I remove hi2li iEhtine 1 25.72.040 Development Plan A. Purpose. A development plan may be filed that is consistent with an approved master plan in accordance with the Planned Community Overlay described in Section 25.28.060. A development plan may cover all or a portion of a master plan area. No building permit shall be issued for any new building or structure unless a development plan covering the area within the master plan area has been approved. B. Application requirements. A development plan application shall be submitted on the form provided by the Director and shall contain the material specified by the Director and be based on materials provided by the Department. C. Common open space. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following three methods of administering common open space: 1. Dedication of common open space to the City, which is subject to formal acceptance. 2. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. 3. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. D. Design criteria. The following design criteria are established: 1. The overall plan shall achieve an integrated land and building relationship. 2. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. 3. The layout of structures and other facilities shall effect conservation in street and utility improvements. 4. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. E. Procedure for development plan application. 1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the community development department. 2. The ARC shall approve a design review application. 3. The Commission shall hold a public hearing and approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission shall be final unless appealed to the Council. F. Public hearing and appeal. Public hearing and appeal procedure shall be governed by Chapter 25.60 (Procedures). G. Application fee. An application for a development plan shall be accompanied by a filing fee as specified by the City. (Ord 1259 § 1, 2013) View the mobile version. W44D .,,,_A ink 4tw�... 17w. �J.vfev Exhibit A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council; 2. The property owner or property owner's agent; 3. The Commission by a majority vote; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the'location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has.been reviewed in compliance with the provisions of the California Environmental Quality.Act. i yrtir:: 'k �t ti : ..vY iyri::.::::.. Desert .:: v ode i No Frames NN". va xt Main Collapse Search A vi } 4 ?: Title 25 ZONING Chapter25.60 PROCEDURES n..r.nx...Y:m.u.:nn..:. n..vvvvv~.N r. .rv::.:rrNnM nN:rrnn:rrrrKmr..Nrr.rNr.r .v.xwNrnnnnvnvrr rr..n:krr:.r:N.r: :. 25.60.010 Purpose .................... The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the City. (Ord. 1259 § 19 2013) 25.60®020 Application and Fee A. Application. Applications pertaining to this title shall be submitted in writing to the Director-on a completed City application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by Council resolution to cover the cost of investigation and processing. Applications shall be submitted-together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the Director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit. B.. Fee. The Council sets, by resolution, the fees for processing the various applications authorized or required by this code. All required fees shall be paid at the time an application is filed and no processing shall commence until the fee is paid in full. (Ord. 1259 § 1, 2013) 25,60,030 Determination of Completeness A. Application completeness. Within 30 days of application submittal, the Director shall determine whether or not the application is complete. The Director shall notify the applicant in writing of the determination that either: 1. All the submittal requirements have been satisfied and the application has been accepted as complete. 2. Specific. information is. still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements. B. Application completeness without notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. C. Resubmittal. Upon receipt.and resubmittal of any incomplete application, a new 30-day period shall begin during which the Director shall determine the completeness of-the application. D. Incomplete application. If additional information or submittals.are required.and the application is not made complete within one year, or some greater period as determined by the Director, of the completeness determination letter, the application may be deemed by the City to have been withdrawn and no action will be taken on the application. Unexpended fees,as determined by the Director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits,'and other materials, must then be filed in compliance with this article. E. Right to appeal. The applicant may appeal the determination in accordance with Section 25.60.080 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943). (Ord. 1259 § 1, 2013) 25, 0,04 EnvEron mental !_ ........... .............. A. Intent and purpose. It is the intent of this chapter to relate the provisions of this'title and all other applicable projects to the appropriate City provisions that have been adopted in order to comply with the California Environmental Quality Act of 1970 and.subsequent standards as established by the state legislature, "k9die Secretary of Resources, and the City. B. Scope of regulations. This chapter shall be applied pursuant to the adopted"Resolution of the City, Council of the City of Palm Desert Establishing Procedures to Implement.the Environmental Quality Act of 1970, as amended. (Ord. 1259 § 1, 2013) 25.60,050 Ap.. licati n Review and Report...............:..... After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the.designated approving authority describing the project, and his or her recormnendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration-of the entitlement request. The report may be amended as necessary or supplemented with additional-information at any time prior to the hearing to address issues or information not reasonably known at the tithe the report is prepared. (Ord. 1259 § 1, 2013) 25,60,060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this tle. The designated approving authority shall hold a public hearing to consider all applications for Tonal use permit, variance, architectural review, precise plan, planned development, master plan, s ecif 1 zoning code and/or map amendment, prezoning, development agreement, and General Plan amendm nt co ,,i Bred by the Commission or Council. B. Notice of hearing.,Pursuant to California Goverment Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice,shall be given of such hearing in the manner-listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a eneral description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation'in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application., using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner'of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice_of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice re quire d by this section, the City may give notice of the hearing in any other manner it deems necessary.or desirable. C. Notice of Zoning Administrator decision. 1.- Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with.conditions, or deny the application. Decisions shall be based on standards and criteria-set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appe a 1 e d to the C ommis s ion for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall .submit such request in writing to the Department. The City may impose.a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice.-Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given.as required in this chapter. The approving authority shall conduct the public hearing and hear testimony.-from interested persons. The sununary minutes shall be.prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Ord. 1279 § 10, 2015; Ord. 1259 § 1, 2013) Approving25.60,.070 t it A. Designated approving authority, The approving authority as designated in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve, conditionally approve; or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 25.60-1 identifies recommending (R), final (F), and appeal (A) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. Table 25.60-1: Approving Authority for Land Use Permits/Entitlements Type of Entitlement, Permit, or Decision ZA Director ARC PC CC Certificates of use.and occupancy F A A Temporary use permits F A A Home-based business permits F A A Large family day care use permits F F RR Adjustments F A F RR Administrative.use permits F F . RR Reasonable accommodation F A F RR Design reviews R F A Sign design review R F A Zoning decision F A A Use determinations R F A Precise plans R R1 F . A Development plans R R1 F A Conditional use permits R R1 F A . Condominium conversion permits R F A Variances R R 1 IF A Planned con -nunity developments R R1 R F Amendments Zoning ordinance R R F Amendments Zoning snap R R F Prezoning for annexed areas R R F Development agreements R R F General Plan updates R R F Director--Director of Community Development,ZA=Zoning Administrator,ARC=Architectural ReviewCommission,PC=Planning Commission,CC=City Council,R=Review Body,F=Final Decision(unless appealed),A=Appeal Body,and RR=Request Review only. Footnote: 1. A.final determination is made by the ARC for design-related decisions as specified in Chapter 25.68(Decisions by the Architectural Review Commission). B. . Multiple entitlements. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits. C. Referral to the Commission. At any point in the application review process, the Director may transfer decision-making authority to the Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Commission shall be considered as a noticed public hearing. A referral to another decision-maker is not an appeal.and requires no appeal application or fee. (Ord. 1279 § 11,.2015; Ord. 1259 § L 2013) 25.6 .0 o eals ..................................................................:.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. A. Appeal authority. Any interested person may appeal certain actions of the ZA, Director or Commission made pursuant to this article to the designated appeal authority listed in Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) within 15 calendar days from the date of the action. Actions by the Council-are final and-no further administrative appeals.are available. B. Filing an appeal. All appeals shall be submitted-in writing, identifying the determination or action being appealed and specifically stating the basis. or grounds of the appeal. Appeals shall be filed within 15 calendar days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by Council resolution, and submitted to the City Clerk. }} C. Stay pending appeal. Timely filing of a,written appeal shall automatically stay.all actions and put in abeyance all approvals or permits that may-have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appeal, until the appeal has been resolved. D. Appeal hearing schedule. 1. Unless otherwise agreed to by the applicant, an appeal for consideration by the Commission shall be scheduled for a public hearing by the D epartment within 40 days of the-date of appeal filing. 2. Unless otherwise agreed to by the applicant, an appeal for consideration by the Council shall be scheduled for a public hearing by theCity Clerk within 40 days of the date of appeal filing. E. Notice of appeal hearings. Notice of hearing for the.appeal shall be provide d.pursuant to noticing requirements of Section 25.60.060 (Public Hearing and Public Notice). F. Appeal hearing and action. Each appeal shall be considered-a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part; or add or amend such conditions as.it deems necessary. The action of the appeal authority is final on the date''of decision and, unless expressly provided by this chapter, may not be further appealed. Copies of the decision shall be mailed to the appellant and to the appealed deciding body. The decision of the Council shall be final. . . Review by Council. The Council retains ultimate jurisdiction and authority to determine whether any approval, denial or other decision rendered by the ZA, Director, ARC, or the Commission is consistent with the goal and policies established by the City and the requirements of this.title. Any member of the Council may call up for review any approval, denial or other decision made pursuant to this title by delivery to the Director a request for review within 1-5 calendar days of the date of the decision, which will identify the:decision to be reviewed and may, but is not required,to, specify the concerns of the Councilperson with respect to the decision. H. Request for review is not an appeal. The Council request for review shall not constitute an appeal. A request for review is an indication only that a Councilperson considers the decision important enough to warrant review by the Council to ensure the decision is consistent.with.the goals and policies established by the City and the requirements of this title: The Council person who files a request for review need not take a position in favor q p q - or against the decision,' and a request for review shall not be construed to be an indication of approval or disapproval of the decision. The filing of a request for review shall suspend any permit issued pursuant to the ruling of the ZA, Director, ARC, or the Conunission until the request for review has been decided. (Ord. 1279 § 12, 2015; Ord. 1259 § 1, 2013) 25.60.090 Effective Date Generally, the action to approve, ,conditionally approve, or deny a,permit or entitlement authorized by this title shall be effective on the 16th day after the,date of action, immediately following expiration of the 15-day appeal'period. Legislative actions by the Council involving adoption-by ordinance (e.g., zoning code.and map amendment, specific plan) become effective 30 days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit.-(Ord. 1259 § 1, 2013) 2540.100 Land Use Permit Time Limits o i A. Time limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within one year of approval shall expire and become void, except where an extension of time is approved pursuant to this section. Be Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the Director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s).-A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Unless otherwise provided, permits that have not been-exercised.prior to a zoning amendment which would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment. C. Permit extensions. The approval of an extension extends the expiration date for two years.from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.. 1. Process. The same approving authority that granted the original permit may extend the period.within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit.. An.application for extension shall be filed not less than 30 days prior to the expiration date of the permit, along with appropriate fees and application submittal materials. 2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the 'ermit,was initially approved. 3. Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.. 4. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires. D. Permit expiration for a closed business. All permits'and entitlements shall expire when a business is closed for more than one_calendar year. If a new business is established within the calendar year; all permits and entitlements received will.remain valid. After one calendar year, the City may require the approval of new permits,and entitlements based on current re quire me nts shall be re quire d prior to any business activity on the site. (Ord. 1259 § 1, 2013) 25,60,110Modification' A. Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or'alteration of conditions"imposed in the granting of the permit. B. Minor revisions or modifications may be approved by the.Director if determined that the changes would not affect the findings prescribed in Section 25.72.050 (Conditional. Use Permits) and the application for revision modification is filed within one year from the date the original c onditiona 1 use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter,the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use.permit or the commencement of construction under the conditional use permit shall take place. C. If the Director determines that a proposed project action is not in substantial conformance with the original approval, the Director shall notify the property owner of the requirement to•submit a permit modification application for consideration and action by the same approving authority as the original permit.A permit modification may be granted only when the approving authority makes all findings required for the original approval. (Ord.,1259 § 15 2013) 25.6 ®i20 Revocation This section provides procedures for the revocation of previously approved land use entitlements,or permits., A. Consideration.. The approving authority for the original entitlement or,permit shall consider the . revocation of same entitlement or permit. B. Decision to revoke. 3. It shall be the duty of the City and of all officers,of the City otherwise charged with the enforcement of the law to enforce this title and all the provisions of the same. B. Nuisance declared Abatement. Any building or structure set up, erected, built, moved, or maintained and/or any use of property contrary to the provisions of this title and/or any conditions attached to.the granting of permits is-declared to be unlawful and,a public nuisance. The duly constituted authorities of the City shall, upon.order of the Council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and adjournment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use of any property contrary to the provisions of this title. C. Violation Penalty. 1. Violation Infraction. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of-this title or any land use permit granted under this title, is guilty of an infraction for the first instance of any such violation, and shall be guilty of a misdemeanor for a second or any subsequent violation of the swine provision of this section or of any order or-regulation made hereunder. 2. Continuing Violation--Misdemeanor. Such person, firm,-or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such.person, firm, or corporation, and shall be punishable as provided in Section 25.60.120 (Revocation). 3. Penalties. Any person, firm, or corporation found guilty of an infraction shall be subject to a fine. Any person, firm, or corporation convicted of a misdemeanor under the provisions of this section shall be punishable pursuant to the provisions of Chapter 1.08 (Citations for Code Violations) of the Palm Desert Municipal Code.- (Ord. 1259 § 19 2013) View the mobile version. 1. The ZA may revoke a temporary use permit without a public hearing at the,sole discretion of the ZA. 2. The-Director may revoke a home-based business permit and a certificate of use without a public hearing at his or.her sole discretion. 3. Except as specified in paragraphs 1 and 2.above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing by the review body that originally approved the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060 (Public Hearing and Public Notice). C. Findings. A decision to revoke an entitlement or,permit may be made if any one of the following findings can be 'made- 1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. 2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for. the entitlement or permit. 3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4. The use or structure for which,the entitlement or permit.was granted has ceased to exist or has lost its legal nonconforming use status. 5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute. 6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 1259,§ 1, 2013) 25.60.130 Rea ppiication s A. An.application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist: 1. New Evidence. There is new-evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant. 2. Substantial and Permanent.Change of Circumstances. There.has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property. 3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was-.a material factor in the denial.of the previous-application. (Ord. 125.9 § 1, 2013) 25,60,140 Enforcement and Penalties A. Enforcement duties. 1. It shall be the duty of the Director to enforce the provisions of this title pertaining to the use of land, and the erection, construction, reconstruction, moving, conversion, alteration, or addition.to any building or. structure. 2. -It shall be the duty of the health department of Riverside County to enforce the provisions of this title' pertaining to the maintenance and use of property, structures, and buildings so far as matters of health are concerned. r 1 Governor Gray Davis -GuideThe Planner's S ofi Pla pecl., Ic . ns ' W � Governor's Office of Planning and research 1400 Tenth Street Sacramento, CA 95314 (916)445-0613 Steven A. Nissen, Director Terry Roberts, Manager, State Clearinghouse January 2001 Edition The Planner's Guide to Specific Plans Contents Introduction 3 Part I. The Specific Plan 4 Part 11. Guidelines for Preparing Specific Plans 7 Part M. CEQA and Specific Plans 23 Part IV. Adoption,Amendment,Repeal,and Administration 25 Part V. Relationship to Other Planning Measures 29 Part VI. Implementation Measures 33 Part VII. Plan Summaries 37 Appendix A. Court Cases 40 Appendix B. Selected Statutes 43 Appendix C. Local Specific Plan Guidelines 45 Bibliography 46 2 The.Planner's Guide to Specific Plans Introduction 7 his guideline was originally produced in 1998 guidelines for the preparation and implementation of a as a.replacement for an earlier publication plan,and provides examples and references to unique entitled Specific Plans in the Golden State, or,innovative plans prepared throughout the state. writtenby the Office of Planning and Research in 1989. while researching this guide;the Office of Plan- Since the original publication, specific plans have ning and Research reviewed the preparation and adop- evolved in use and creative application. However, tion of specific plans and the related environmental specific plans continue to function as versatile tools for documents. In addition, we examined those specific implementing general plans without substantial legal plans which have received APA Comprehensive Plan- challenge to-the nature of their use. They systemati- ping Awards and others which are commonly viewed cally implement the general plan for all or part of the as exceptional."we-have reviewed California-court area under its scope in any ofthree ways:-1)by acting cases concerning specific plans and detailed the most as statements of planning policy that refine the general relevant cases on the subject. plan policies applicable to a defined.area,2)by directly The,Planner's Guide To Specific Plans is written regulating land use,or 3)by bringing together detailed primarily as a guide to counties and general law cities; policies and regulations into-.a focused development 'however.,charter cities will find the information con- scheme-` tained herein to be relevant in'theiruse of specific plans The use of specific plans,-in many cases,has gone ' as well. Although charter cities are exempt from the beyond'the original legislative intent and combined specific plan statutes contained in Government Code detailed development plans with environmental poll- §65450-654571# once a charter city adopts a specific ties,programs,and goals to create defined areas which plan,the city must make findings of consistency be- are functional,livable,and affordable and which offer tween the specific plan and any proposed tentative the sense ofplace commonly envisioned in the creation subdivision snap before the- subdivision can be ap- of the general.plan.-Although specific plans are being ''proved. used for projects ranging from"new towns"to rnanu- The- information contained in this- document is facturing and warehousing developments, there re- meant to provide direction and references to planning main many basic uncertainties about=what a specific practitioners for the-development of specific plans. plan.is,.how it functions,its relationship to the imple- Interested individuals and other participants involved mentation of the general plan, and the extent of its in local land use planning may also find it useful.The powers. suggestions for style.,format and techniques are meant The purpose of this document is to clarify these to be'advisory only and should not be construed as uncertainties and-provide new and innovative examples being mandatory.All references are to the Government of specific plans and their use.It examines the pertinent Code unless otherwise noted. statutes(Government Code§65450 et seq.), suggests 3 The Planner's Guide to Specific Plans Part One: The- ecl is Plan The Specific Plan - adoption of a specific plan: 1)adoption by resolution, which is designed to be policy driven,or 2)adoption by A specific plan is a tool for the systematic imple- ordinance,which is regulatory by design. mentation of the general plan.It effectively establishes The adoption of a specific plan is a legislative act a link between implementing policies of the general similar to adoption of a.general plan or zoning ordi- plan and the individual development proposals in a nance. Therefore, specific plans may be subjected to defined. area. A.specific plan may be.as.,general as voter initiative and referenda(Yost v. Thomas (1984) setting.forth broad policy concepts,.or as detailed as 36 Cal.3d 561 and DeVita v.County of Napa,(1995)9 providing direction to every facet of development from Cal.4th 763). (For further discussion see Part 4.) the type,location and intensity ofuses to the.design and capacity of infrastructure; from the resources used to Specific Plan Attributes &. finance public improvements to the design guidelines-' Disadvantages of a subdivision. A specific plan may encompass an area as large or A thorough specific plan can enable planners to larger than the 2,800.acres,affected by the Ahmanson effectively implement selected long term general plan Ranch Specific-Plan in Ventura County,or as small-as objectives in a short time frame.The enabling statutes a single acre. A specific plan.may be developed in are flexible, allowing public agencies to create scan- response to a.single policy issue, or to address each Bards for the development of a wide range-ofproj ects applicable policy of the general plan. It, may also or solutions to any type of land use issues. The plan diverge from the issues contained in the general plan ,may present the.land use-and design regulations.which into other subjects viewed by the community as being guide the development of a city center,such as the City of relevance. of Brea's Towne Plaza,Specific Plan, or incorporate To an extent,the range of issues that is contained land use-and.,zoning regulations,infrastructure plans, in a specific plan is left to the.discretion.of the decision- and development approval processes for the develop- making body. However, all specific plans, whether ment of residential,office,commercial and open space prepared by a general,law city or county,must comply uses; such,as the.City of Folsom's Parkway-Specific with Sections 65450.-65457.of the Government Code. Plan and Design Guidelines. The plan may be orga- These provisions require that a specific plan be consis- nized into a concise set of development policies and tent with..the adopted general plan of the jurisdiction include land use regulations, a capitol improvement within which it is located. In addition, specific plans program,or financing program within a single docu- must be consistent with any Airport Land Use Plan ment. pursuant to Public Utilities Code §21676. In turn,all A specific,plan, may be used to implement the subsequent subdivision and development, all public policies of an optional economic development element works projects and zoning regulations must be consis- of a general plan.Policies of the general plan which are tent with the specific plan. specific to financing infrastructure improvements and The initiation of the specific plan process may be extensions,or cost recoveryy programs may be imple- motivated by any number of factors including develop- mented by matching land uses with supporting public ment issues or the efforts of private property owners, facilities.This is done to assist development engineer- elected officials', citizen groups,or the local planning ing departments and developers avoid ineffective or agency. As with a general plan, the authority for undersized streets,sewers,water lines,and other nec- adoption of the specific plan is vested with the local essary improvements.In addition,it may directly im- legislative body pursuant to§65453(a).However,un- pose exactions in association with the general plan's life the general plan,which is required to be adopted by capitol improvement policies. resolution(§65156),two options are available for the 4 The Planner's Guide to Specific Plans The specific plan process must provide opportun.i- ered by the plan. ties for the general public,as well as residents located (2) The proposed distribution,location,and extent and within planning areas,to assist in the planning of their intensity of major components of public and pri- particular.communities..Public involvement helps de- vate transportation,sewage,water,drainage,solid fine the community's vision' of future growth and waste disposal,energy,and other essential facili- development. ties proposed to be located within the area covered Future development proposals may benefit from by the plan and needed to support the land uses the.foundation created by the specific plan. For ex- described in the plan. ample, a Program EIR adopted to fulfill the plan's (3) Standards and criteria by which development will CEQA obligation may streamline the,processing of proceed,and standards for the conservation,devel- subsequent discretionary projects by obviating the opment,and utilization ofnatural resources,where need for'additional environmental documentation. applicable. The specific plan represents.a good tool for devel- (4) A program of implementation measures including oping a community "sense of place."A creative and regulations,programs,public works projects,and innovative specific plan may bridge the gap between financing measures necessary to carry out para- monotonous urban development and a livable neigh- graphs(1),(2),and(3). borhood., (b) The specific plan shall include a statement of the The specific plan also has disadvantages. These relationship of the specific plan to the general plan. include the time,cost,and obligation of staffresources (The entire specific plan statute is included.in. to prepare and implement the plan.To be effective,the Appendix B of this report for reference.) plan.requires the collection and analysis of significant amounts of detailed data. Since most planning agen- The statutes apply to'all counties and general law cies.do not have the staff to'commit to the-preparation cities.They do not apply to charter cities unless incor- process,most plans include the involvement.and cost porated by local charter or code. However, charter of outside consultants.Similarly,the incorporation of cities are required to comply with the Subdivision/-Map the plan into the day to day planning processes may Act's findings requirements pertaining to a require,the.commitment of additional staff time,par- subdivision's consistency ;with 'an,-radopted specific ticularly.when the plan establishes regulations which ,plan pursuant to§6545 5. are only applicable to the area affected,'by,the plan. Further,specific plans prepared fora single project Legal Adequacy may become obsolete if the project is not implemented. The result could include the need for extensive revision A specific-plan must meet the minimum.require- or repeal. ments of the statute listed above in order to be legally The adoption.of a specific plan does not vest adequate.Numerous specific plans reviewed by OPR development by statute, but its entitlements may be commonly lack one or more of the following: defined by development agreements and vesting tenta- tive maps. Specific plans themselves are dynamic Maps,diagrams or descriptions to adequately de- documents and may be subject to change.There are no scribe the distribution,location,extent,and size of assurances to residents and project proponents that the the major infrastructure,components needed to plan will not be subject to future revisions. serve the project.Energy and solid waste facilities are commonly overlooked. • A thorough discussion of the implementation mea- Statutory Requirements sures necessary to carry out§65451 (a)(14). • A discussion of the methods to be used for infra- Section 65451 of the Government Code mandates structure financing and a program for implementa- that a specific,plan be structured as follows: tion. • A detailed statement of the relationship of the (a) A specific plan shall include a text and a diagram specific plan to the general plan,including consis- or diagrams which specify all-of the following in tenc between both plans and a comparison of Y p p detail: goals,objectives,and policies. (1) The distribution,location,and extent of the uses of A discussion of how the plan implements the land, including open space, within the area cov- policies of the general plan. 5 The Planner's Guide to Specific Plans Area And Community Plans sion.Area or community plans also provide forums for resolving local conflicts among competing interests. Practicing planners in California have used a vari- An area.or community plan must be consistent with the ety of euphemisms to describe specific.plans. The general plan of which it is a part. creative use and combination of planning terns,to Specific plans differ from area and community describe various planning tools has blurred the distinc- plans in the following ways: tion between specific plans,community plans,and area plans to the extent that the terms are often misused.The A specific plan is not a component of a general following discussion highlights the differences among plan.It is a separately adopted general plan imple- such plans. mentation document. A community plan is defined in Public Resources Specific plans are described by statute(§65450 et Code§21083.3 as a part of the General Plan which(1) seq.). There are no statutes that specify the con- applies to a defined geographic portion of the total area tents of area plans. included in the general plan,(2)includes or,references The purpose of a specific plan is the"systematic each ofthe mandatory elements specified in§65302 of implementation" (§65450) of the general plan. the Government Code,and(3)contains specific devel- Neither community plans nor area plans have an opment policies adopted for the area, and identifies emphasis on implementation. They are used to measures to implement those policies, so that the refine the policies of the general plan relating to a policies.which will apply to each parcel can be deter- defined geographic area. mined. Although a' specific plan must be "prepared, Area plans are not specifically mentioned in stat- adopted, and amended in the same manner as ute; however, they are authorized under §65301(b), general plans" (§65453), it may be adopted by which allows individual sections of the general plan to resolution or-ordinance-and may be amended as be devoted to a particular subj ect or geographic area.In often as necessary:,Community and area plans may addition,they are also allowed as optional elements or only be adopted or amended by resolution,and the subjects under§65303. number of amendments is subject to the limits set Area and community plans address a particular out in§65 3 5 8 for general.plan:amendments. region of community within the overall planning area of the general plan. An area or community plan is Specific plans are required under§65451(a)(2):to adopted as-a general"plan amendment. It refines the identify proposed major components of infrastructure policies of the general plan as they apply to smaller needed to support planned land uses.Community plans geographic areas; and is.implemented by local ord- and area plans may, but are not required to, contain nances such as those regulating land use and subdivi- similar analyses. 6 'al The:Planner's Guide to Specific Plans Part Two: Guiodel'ines for, Pre a..ri*n.g _p eci ic Plans - Irhe purpose of this part is twofold:(1)to-outline Early Direction: a strategic approach to the preparation,adop- The work program should incorporate early policy tion; and implementation of specific plans; direction from the legislative decision making body, and(2)to provide a framework and explanation of the defining the general direction for the specific plan and statutory requirements for specific plans.In addition, its objectives and policies.This direction may take the this part provides a brief discussion of'theCalifornia 'form of precise guidelines for what the specific plan Environmental Quality-Act (CEQA) and the role it should accomplish,or a general vision of the.planning plays in the specific planning process. area. This early direction may change 'as a result of public input, committee recommendations, or new L Decision To Prepare.A,Specific Plait information obtained during the collection or analysis of data. Regardless, the early policy direction will Government Code§6545 0 provides that the local provide staff, consultants, and the public a basis for planning agency;planning commission and/or legisla- beginning the process of preparing a specific plan. five body has the authority to initiate the preparation of a specific plan.Private parties may also initiate a plan Consultant or Staff Preparation: as provided-for by-local agencies.An,example of the The legislative decision making body,has the dis- initiation by a private party would be an application for cretion to decide Vho may.prepare,a specific plan. a tentative subdivision.snap which;under a local sub- Specific plans may be prepared by agency staff,by a division ordinance or general plan policy,requires the private conshiting firm under a contract to assist staff, concurrent preparation of-a specific plan: or solely by a consultant performing the role of staff.In other situations,specific plans maybe arequirement of a project and prepared by a project proponent or by a 11.'Planning`Process consultant under contract,to,the project proponent. Private parties may also be responsible for preparing or The following model is'a modified version of the contracting for the preparation of a specific plan as part strategic 01.anning�process described in the C�'ene�°al of a project application, whenever a on is Phan GWdelines, and�adapted to the intricacies of preparing the plan,the work program should require an specific plans. This model is.conceptual and may be administrative draft, so that agency staff can review used'as a reference to guide'the selection or develop- progress of the plan. The agency must budget for ment-of a process which meets the needs of the respec- sufficient staff resources to ensure that the adiiiinistra- tive jurisdiction.,Other comprehensive planning mod- . tive draft is reviewed for consistency with the.general els are available which may achieve similar results. plan and other regulations of the city or county. A. The Work Program Adoption Deadlines: Deadlines should be incorporated into the work The preparation of a work program should be the program to ensure the timely completion ofthe specific first consideration after making the decision to prepare plan.The deadlines should be reasonable to ensure that a specific P. The program should set forth the the quality of the product is consistent with the expec- responsibilities-the,departments;. consultants, and/or tations of the decision;makers. The- time lines are individuals will take in each phase of.the process.In typically a product of either the political constraints of addition;,it should provide direction in the scope of the a local legislative body,ore th development proposals work to--be performed,-the'funding mechanisms,con- which will`follow after the adoption of-the specific sultants,public participation,and deadlines. plan. The Planner's Guide to Specific Plans The Permit Streamlining Act,is not applicable to set forth by the specific plan. Land uses surrounding the adoption of a specific plan. Therefore, prudence the planning area should also be analyzed and connec- should prevail in the adoption of deadlines which are tions/transitions/buffers between uses designed to en- functional and realistic. sure compatibility with those allowed by the specific plan. , Public Participation:' The participation of those working'or residing Environmental Conditions. within a specific plan area or more broad participation An evaluation of the planning area's natural envi- of the local citizens can play an important role in the rom-anent, including wildlife habitat, natural hazards, preparation of a specific plan.Section 65453 states that and resources,help-provide direction to the type and "A specific plan shall be prepared,adopted and amended intensity of-development,which is planned to occur. in the'same manner as a general plan..." as such, This analysis should also include an evaluation of the opportunities for the involvement of citizens, public existing flood.plain, seismic, slope and other,con- agencies, public utilities, civic education, and other straints which will determine the intensity-of develop- community groups must be provided'pursuant to ment and feasibility of implementing plans. §65351.For example,the City of San Jose utilizes the assistance of a community-based task force composed Infrastructure Constraints: of property owners,business owners,residents,other The type and intensity of future development pro- agencies,school districts,and other stakeholders when posed by.a specific plan is limited.by the capacity of preparing specific plans.The city credits this involve- existing infrastructure or the ability to provide new ment for the general support apparent during public public facilities.The analysis should identify available hearings on and implementation of its specific plans. opportunities.for development, as--well.as'potential constraints resulting from the effect,new development B. Current Context may.have on schools, roads, sewage,systems, water supplies, energy consumption and other public ser- The planning area,as it ctuTently exists,-is a.f nc- vices and facilities.Existing utilitiesf easements,and tion ofpast decisions andpolicies.Similarly,the level- encumbrances of property may-also restrict land use. opment of a specific plan which serves as the basis for decision making in the future is a function of the Existing Commitments and Policy Constraints: existing social,political,economic,and physical envi- Past approvals of development entitlements and ronnlents. The community's values and views of the other quasi-judicial and legislative decisions may have,, existing planning area will strongly influence'the di- produced limitations to the scope of the specific plan. rection and focus of fhe specific plan. The adoption of agricultural preserves,biological con- servation easements,vesting tentative maps, and de- Planning Area Issues: velopment agreements may limit the type and extent of Each planning area possesses characteristic issues uses allowed,or restrictions to development under the which should be addressed by the specific plan. The specific plan.For example,the land use and minimum issues may include those relevant to historic presevva- parcel.size for:a specific plan prepared for an area Lion,environmental quality,residential development, subject to agricultural preserve contracts will be lira- economic development,architectural regulation,com- ited by the minimum allowable parcel size and uses mercial/industrial parks,and urban infill.These issues established by local ordinance consistent with the will form the basis for the detailed policies and imple- provisions of the Land Conservation Act(Williamson mentation measures of the specific plan. Act)of 1965. Existing Land Use: C. Long Term Direction The existing uses of land within.the planning area must be analyzed.to determine the influence they will As a tool for the systematic implementation of the have and the role they will play under the specific plan. general plan,specific plans should provide the mecha- Existing agricultural, industrial, or floodplain open, nism through which the long term direction of the space uses may substantially affect the type of uses general plan is implemented.This direction should be planned for adjacent properties. The continuation of balanced against the objectives,policies,zoning ordi- existing uses may dramatically affect the planned uses 8 a - The Planner's Guide to Specific Plans nance,subdivision ordinance,and`otherprogramswhich development proposals will normally result in imple- will,be implemented through the;specific plan. mentation. Including zoning ordinances and design criteria in the specific plan will shape the planning area .Issues,opportunities,andAssumptions: over time as individual development projects are de- The issues that.have been identified and perhaps signed for consistency with the plan. were the impetus,for preparation of the.specific plan should be systematically addressed through obj ec- D. Steps for Considers Pion fives,policies,�,and programs.The policies developed to address the issues must be considered relative to the The following is a general list of considerations direction provided,by the general plan and the early and information for inclusion in 'specific plans. It guidance provided by the legislative decision-making includes statutory requirements for coordination and body Problems may often be resolved through cre- review. ative application of financing, design features, or at- , tributes,of the planning area: Data Collection and Analysis: Development and/or conservation opportunities The information used in the early stages of specific should be identified.and utilized,in the specific plan. plan preparation must be current and kept up-to-date For example,land owned by the local agency within throughout the planning process.The previously iden- the planning area may be suitable as-a future public tified issues, opportunities, assumptions, and initial facility site,or land with significant habitat'value-may objectives will establish a direction for studies and help be suitable for-a:mitigation banking program.Analyses to define the-range'of information-necessary to com- regarding infrastructure financing,ground water avail- plefe the plan.Background information and technical ability, and market demand:may also help decision analyses should be included in the specific plan appen- makers assess the viability of the plan"in the future: dices for future reference and use-in future prof ects. The preparation of a.specific plan requires deci- The-.amount of data collected and analyzed should be sion-makers;planners;and the public to form certain sufficient to.address any pertinent questions regarding assumptions concerning the .future of the planning the plan and the plan area.This information should be area.,For=example;-assumptions might be made for a comprehensive enough to..satisfy-the,needs of both the specific.plan area traversed by-riparian corridors that specific:plan and its CEQA'document. open space,.and perpetual conservation and mainte- nance easements will need to be included for viability Information Sources-: Of the plan. A direct relationship.exists between the quality of the information used to prepare a specific plan and its Formulating Objectives,policies,and effectiveness. Case study examples of other jurisdic- implementation measures: tion,s'.specific plans may provide angles for approach - Objectives provide direction to the physical devel- ing,area issues.The Office of Planning and Research's opment of the planning area..As such,they help define Book of Lists (updated annually)"can-help to locate the range and types of data necessary for preparing the recently adopted examples. In addition, the yearly plan.Consequently;cities and counties should develop -,awards presented,by the'California Chapter of the their initial objectives early in the preparation process. American Planning Association,recognize up-to-date Objectives_tend to be general and lack'the focus which examples,of"good plans. A number of text book is required to.foster a functional specific plan,but can references are available through the American Plan- always be supplemented with more specific policies. ning Association's BookService which covers com- A comprehensive set of policies should be devel- prehensive planning. Several publications track and oped which define and implement the objectives.Poli- analyze planning-related litigation including Daniel J. cies should be written with 'consideration of their, Curtin,Jr.'.s California Land-Use and Planning-Law. implementation and the project specific implications. The State planning laws regulating planning,zoning, The functionality of the policies will often determine and development are another subject for research. the success of the-specific plan. - Each year,the Legislature enacts laws affecting local The implementation. measures should be func- government planning activities. The Office of Plan- tional and realistic by design..A specific plan which is ning and Research annually compiles these statutes well written and focused can be self implementing, under the title of Planning, Zoning and Development However, the submittal and approval of individual Laws. 9 . y Y The Planner's Guide to Specific Plans Public Agency Information: Revising objectives: Other governmental agencies may adopt subse- Refinements to the draft objectives should take quent projects which will affect the;specific plan. place throughout the planning process.The data,analy- These agencies may have information readily avail- ses,and input from advisory committees may change able which will address issues or requirements of the individual aspects of the plan.For example,the identi- plan. Agencies should be contacted at the local, re- fication of a threatened or endangered species within a gional,state,and federal levels.One issue which tran- portion of the plan area may alter the type and intensity scends each of these levels is the supply of water.For` of proposed uses'allowed by the plan. example,the local public works department may have information regarding infrastructure; at the regional Policies,-Implementation Measures,and level,the Local Agency Formation Commission may Alternative Plans: have information regarding the extension of services or I For any set of objectives there will be a number of forming service areas; at the state level, the regional possible courses_of action to pursue. Policies,imple- water quality control board provides information re- mentation measures, and programs should be devel- garding levels of water quality;and at the federal level, oped for each of the alternative planning scenarios.The the Bureau of Reclamation has information regarding relationship of each objective and alternative course of the water projects and supply in the state. action should be considered in light of the general plan, zoning ordinance, subdivision ordinance,capital im- Inter-Governmental Coordination: provement program, and other programs that will be Section 65103(e)(f)requires local.governments to implemented.Consistency with the general plan should coordinate the preparation of local plans (specific be carefully analyzed and the plan amended as neces- plans) with the.plans and programs of other public sary.The policies,programs and implementation mea- agencies. Intergovernmental coordination involves sures provide for the creative application ofthe specific more than an exchange of information and plans; plan to the planning area. Each should be carefully rather, it fosters cooperative efforts to address issues reviewed for clarity;effectiveness,and functional ap- and promotes planning'on a comprehensive basis.The placation. The alternative plans enable the decision planning process enables-various agencies to.resolve makers;stakeholders,and other participants to choose. conflict through collaborative efforts. In addition, from as variety of scenarios, solutions, and.programs CEQA requires that the agency preparing the specific which will shape the planning. area.:Although the plan consult with responsible and trustee agencies alternatives may only.differ in their treatment of a regarding the project implications and the environ- particular issue,each must be realistic to ensure that the ment. alternative is viable.In addition,the alternatives may be used to satisfy the EIR's requirements for a discus- California Environmental Quality Act(CEQA): sion of project alternatives. CEQA requires local governments to prepare envi- ronmental documents prior to.approving "projects." Selecting The Preferred Plan: An initial study is prepared for a specific plan or After the plan alternatives have been thoroughly amendment to analyze the potential for significant .reviewed;-decision makers should be able to select the impacts to the environment. In such cases, where a preferred course of action from either one or a synthe- significant effect may occur,-an environmental impact sis of several.alternative plans. when the decision is report (EIR) roust be prepared. The contents of a made to combine two or more parts of separate alterna- specific plan and its EIR overlap extensively.The data, tives, the objectives,-policies, and implementation analyses,and studies for one,will likely be necessary measures may need refinement to ensure that the plan for the other.For this reason,both documents-should beeffectively and consistently accomplishes its purpose. prepared concurrently and may utilize much of the same information. Individual.development.projects Adopting The Plan which follow the specific plan may be well served by As previously noted,a specific plan may be adopted a detailed analysis in the EIR.Further discussion ofthis by either resolution or ordinance.whether adopting a topic is contained in Part 3 of this document. new specific plan or amending an existing one, the planning commission and board or council must hold at least one public hearing each to consider the pro- posal prior to making the final decision(§65453 and 10 ri The Planner's Guide to Specific Plans 65353).- At least 10 days prior_to `Figure I each ofthese hearings,public notice Specific Plan Process Diagram_a ra of the time and lace.of the hearingP must be, given in the manner,pre- scribed by state. law (§65090 et. seq.). As. a project which would The Work Program « Funding,Policy Direction,Deadlines, affect the permitted uses or inten- Contracts,and Responsibilities sity of uses of real property," ex- _ panded notice to property owners ° - must also ber given pursuant to §65091.The EIR or other environ- 0 mental documentation must be cer= �° Current Context tified by the legislative body prior E Identify existing land use,environmental to the adoption of the specific plan conditions,public facilities/infrastructure, a� and planning area issues c pursuant to CEQA Guidelines = .� §15092. o. 0 o Implementation: Section 65451(a)(4),-re-requires bong Terms Direction q Identify Opportunities and formulate W .that a.specific plan contain a pro- _, objectives,policies,and implementation ,gram of implementation measures, measures including regulations',programs, (Consider Alternatives) public works projects, and fnanc-. 40 ing measures..A plan adopted.by .v � resolution.will primarily be in le- </ mented through the enactment of a separately adopted ordinances and. p Y a p. - - �. programs.A plan adopted by ordi-, a Steps -nance will be implemented by regu- selection Adoption lations and measures contained in Implementation the plan itself.Capital improvement maintenance projects, public facility, financing, -application of regulations.to devel- opment projects,and habitat conservation and restora- tion projects may act to implement the plan. (Further discussion of this topic is contain' ed,in Section 6.) 11 3 } The Planner's Guide to Specific Plans MODEL SPECIFIC PLAN OUTLINE While state law specifies the mandatory specific plan contenis pursuant to§65451,it leaves the format to the discretion of the local legislative body. Many of the specific plans reviewed as art of this report utilized an _ p p approach to organization similar to that of the individual elements of a general plan,covering information relating to land use,housing,circulation,open space,and so on.The following model outline is intended as a guide to the organization of a specific plan which is.effective,efficient,and statutorily complete. I.Introductory Plan Information IV.Land Use Planning and Regulatory Provisions A.Title Page A. The land use plan--a statement-of development 1.Name of the plan policies(opportunities,issues,and analysis of data) 2.Name of local agency(Project proponent and/or pertaining to the planned type,intensity,and location public agency) of land uses consisting of .3.Date of adoption 1.Objectives B. Credits,acknowledgments and participants 2.Policies C.Table of Contents 3.Programs D.List of Tables 4.Plan proposals E.List of diagrams and maps_ a. Diagram and written description of planned F.Copy of Adopting Resolution and/or Ordinance land uses(See Figures 4 and 5). b. Characteristics of each land use designation II.Summary (e.g. single family'residential, neighborhood A.Purpose statement and range of issues commercial,open space for conservation). B.Location 1)Development Standards C.Acreage 2) Standards for conservation, development, D. Summary of preparation process and utilization of natural resources. B.Land Use Regulations III.Introduction 1. Statement of purpose or intent , A.Detailed specific plan purposes 2.Applicability B.-Development and conservation-issues addressed a.Statement of applicability of the regulations to in the plan the planning area and designations on the spe- C. Project location, including influencing jurisdic- cific plan land,use plan diagram. tions b.Effective date of the regulations 1.written description 3. Statement of relationship between the specific 2.Regional location map(See.Figure 2) _plan regulations and the zoning,subdivision,and 3.Vicinity map(See Figure 3) other local ordinances. 4. Site Location.Map(See Figure 4) 4.Development standards-. D. Planning area information and environmental C.Design Standards description 1.Building design,massing&height E. Statement of whether-the document is policy or 2.Parking ratios/standards,location&orientation regulatory by application(If the plan is both policy 3.Garage door size&type and regulatory b gul ry y design, explain the relationship 4.Entrances,access,&on-site circulation between the policies and regulations.) F. Statement of how the plans policies and/or regu- V.The Infrastructure Plan lations accomplish the-objectives of the plan. A.Transportation:Development policies pertaining G. Relationship of the specific plan to the general to the planned distribution,location,extent and in- plan. tensity of public and private transportation consist- H.Relationship of the specific plan to neighboring. ing of: plans and those of other jurisdictions,regional agen- 1.Objectives Gies,and the state. 2.Policies I.A list of projects required by law to be consistent 3.Discussion of the relationship between the ob- with the specific plan(e.g.rezonings,tentative sub- jectives,policies and how they are implemented division maps and public works projects). through the individual plan proposals. 12 i The Planner's Guide to Specific Plans 4.Plan proposals proposed land uses(e.g.,schools,fire stations,street a. Diagram(s) and written description of pro- lighting and landscaping). posed transportation components,including im- provements that support the planned land uses. VI.Program of Implementation Measures (See.Figure 6 and 7) A. Description of the regulations and ordinances b.Development standards for the primary com- which will implement the specific plan. ponents ofpublic and private infrastructure(street B. Capital improvement program cross-sections and material requirements). 1. Estimated cost of capital projects identified in B.Public Service Infrastructure(water,sewer, and the specific plan's infrastructure plan. storm drainage):Development policies pertaining to 2.The measures by which each capital project will the planned distribution,location,extent,and inten- be financed. sity of water,sewer, and storm.drainage consisting 3.Identification of parties responsible completing of: each proposed improvement. 1. Objectives C. Financing measures.necessary for, Policies tion of each,of the specific plan's proposals other 3.Discussion of the relationship between the-ob- than capital improvements. j ectives, policies and how they are implemented 1.List and description`of projects needing financ- through the individual plan proposals. ing., 4.Plan proposals _ 2.Cost estimates a. Diagrams) and written description:of'pro- 3.The measures by which each specif c plan pro- posed water, sewer, and drainage systems, in �posal will be financed. cluding the improvements which support the 4. Identification of parties responsible for com-, planned land uses. (See Figures 8 and 9) pleting each proposal. b.Development standards for the primary com= D.Phasing plan for.the specific plan proposal includ- ponents of public infrastructure(See Figure 9). ing capital improvements(See Figure 10) G.Solid Waste Disposal:Development policies per- E. Subsequent development entitlements taining to the planned distribution;.-1®cation,extent,,,, F..Other.Programs and intensity of solid waste disposal facilities and services consisting of: VII. Relationship of the.Specific Plan's Environ- 1..Objectives- j' mental Document to Subsequent Discretionary 2.Policies. Projects 3.Plan Proposals A. Projects that will be exempt from additional. a. Description.of the type and location of pro- environmental, documentation based on the plan's posed solid waste disposal facilities and serving EIR.. necessary to.support the planned land uses. B.Projects that will require additional environmen- a. Description of the proposed facilities and tal documentation. services to be provided (e.g., transformation station and recycling). VIII.Specific Plan Administration D. Energy: Development policies pertaining to the A. Specific plan cost recovery fees authorized by planned distribution,location,extent,and intensity §65456 of energy facilities and services consisting of: B.Specific plan amendment procedures' . 1. Objectives 1. State requirements 2.Policies 2.Local requirements 3.Plan proposals IX.Specific Plan Enforcement a. Description_of the type and location of pro- X.Appendicies posed energy facilities,transmission lines, and A.Precise description ofthe specific plan area bound- easements necessary to support the planned land ary. uses. B.Summaries of key specific plan background data b. Description of the proposed facilities and and information. services to be provided (e.g., distribution of C.Glossary of specific plan terms natural gas and the regulation of pressure). 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' Ahmanson Ranch !I Public Open Space • � � Dedicction Areo u SF/A c-2 SF/A _ ' 4 C-3 8-4 1 `... vc c� z -v� s�E c •?mow N :NCD-3 SFT VICTORY r��: - �'2 BLVD. CC-2.• SF/A :: tn! SFT . C-6 Q . •C. . ... .. . S • , •••.•,.b'_?•,..•,•,•, • •••-•1.••• " •• ..•, ••- ...--,•. . •:........ .... . . .. SFE ' . . • D-� .. • . .. . ... . .. . .. .. A-10 .•• �. . . -� .. . . . . .•. A-9 D-6 Sc:e D-11 A-1 A-2 A-9 `. lSFT • •7.,70,� S • D-t0 • •p-a ,. T �F ' r _$ LZ7S-•S 3 2 .' , c Z SFE SFE ' Venturo County cas-9 _ A-7 7� -- -- - - - - - (1 AC.Min.) Los Angeles County - - - - .LAS VIRGENES THOUSAND AHMANSON RANCH ROAD � City of . l _ OAKS BEND. � Hidden Hill } BLVD. rim— ® CH USE PIM spsmcmm C4Mter L7 Togs Hal/Library/Fire Station/Sherff Station rnercial,office.Residential,lodge; CC Clubhouse•Publie Community Facilities Neighborhood Center Maintenance FaCRY/RecYcling Center/Edison Substation Commercial.ltesidentiop Public Cernrnunity Facilities Water Reclamation!—`is 14 Single i emk//attached l 5-10 DU/Acie. 0 Water Storage Faulty gle Fly Traditional 2-5 W/Acre Community Park SFE Single Famlyr Estate 0.15-2 Du/Acre ® Nektbor hood Park ��� 1 Planning Unit Number 1 �_•-� Letter refers to Phasing Areo ® haler C7 een a-� Clow Cows" �. Elementary Scholl Commun>rty open Space Combined School X5 and 6-8 WW*Corridor t ndercrossing Figure 4 Land Use Diagram (Example 1) Source: The Ahmanson Ranch Specific Plan., Ventura county J 1 ,�- 16 �Q�`����� ■Illllllgl -- _ _ �� �,`�`��0,,�`� 1111111111111111_ 111111111111 __NO \ \ Mill j�i= n� 111= 11111111111 _ �-_�11: � :r �; Y ``�O,\,``♦��♦♦p g1jolmIIII ■■ .IIIIIIII■I■ milli 111111IR61 � ` ' `gyp, ♦ ♦�0, An INS ;;w ml Vol r; � ® _ Molo . ' \\\ON . 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"dr'��,, d r' e'f '•tik�;ti ti: a1 0 �s •� •�r •'•�:�f��Y .. 'ti .ti :�:'.�;•.�: r��..: �:Jr'�r'�+' �,a• f'. ,'.rs '�• r� ,,s,;f r r' •'I'•. •/' %.5'''• Jr�•�,�'• s .:J+'r r ,#' ".r r• t t ,�� � • +4�'r•f',� 'r •.•.�'�atit�•°.t.``i�'.•'.}�t•.• r ��r �:,• ;�;'•.• !fr .:.r,:. .t;•ti:,;. :S :,•• (/� .'tij r'}'s• •r'd I r `,tia�.a r�'�f 5aw•��[ sF ,+? ,a z••ti•;ti'' •r•�r: ,,r�' ';�; ,%• rT � `r yd•'',.•�+a.•ti `pia � .+r �, n �`+;,+:n!��r•' err .��.,% a�ti•• r' r�',• '••'�, •. ;: rrAA ��vt,t.'tti%ttitt' rr",'� r� sV"����;�f:�►'r'f ,` ati%�'�'•titt• •''�:�;r�� �"��';t;•:'( VJ � ,:,L�.'y'. .'� �. � ?:z. �` .+C`r rr'nr'�r� .�'%�C•,rA'�.,1�'•.:• � ,•,��Rt��.''•�', ;. 'h'e t• �,'•.: :•iv;};a '' r 7•'y':•r•fi• `C�':tti. :�.';''�'a••.,�.•,•:;�`' CD IR /� • `rat7: ~tig '. O `•• r.••''•• �•'�Est'''t O �}ry '�' •: :f� v" tint t:'ti'r �• +%t A,f� �'�'Y t:, x 52 '�' •f�r 'ruxry '•'`� �.:fr a d rY•s Y t t 'N.':' 1S!{, ''r{•' Va}',r'YV'" 5 �''•Sr�,'A'IS.S `� ,�}�r'.r'Y'� ''tir •}�a,:'�,;�.,rr.;q,r�,. Park �y f �y1� q • }}4,�j r M.,v yr:•�,ti t:�'•�fri O R x.,�•'� r v• fir•.tk r h ' � ! l� 'h!G".J:•f r'r 7• f,'•S'�•'•'St'1''1 4�•'•:ly,, � y �•'d' ''f � a �S.thjti�.: C m.. •"+► •''-�'••. a t% .s'i.•'.f Yv r tvvr'7rti• t, r LID IDS k.. J .,S :;r�.•r�kflyrr'r :' S^Y. 6O F•rr�+•'Y,Y,v,• ,4�':}' Pa 71 IDS r'rri rr•'�r.' � r ,�•`'••%tam; '%�• ••t ,+Wti...+w�ti�*'\ � rr•�r'r•''f,.rr.• a r����ar_ •,�,,;`�'tk•.�.��Tt t,�t� 72 .t;• , ����,��• Os ,a�•'•• �•,'S-�tr, rvy,r� :'•;; ''t•�t;•yL.'s:.•' •�•ti••,t�'t,;�,`•• yet, 'at .• .,•' •:`tt s •,., •:tvu.�-t rti.,'.�.,srrt{vSti!�{t,4"�',itiK�tn�r:�•%�•' tis � •ti:t r? ''at}%,.,,��...c............ Note. '" ,,,,� ''t'••tit : -••: base I includes subphases A F :' �;. 8•. ,:':: ' Phase 11 includes subphases -1 • ,,�.ti:•ti::.;: INN NNI Concept Phasing P4aa�HIGHLAND RESERVE NORTH 1 , ..:.f�........�•,::.� �`� Highland Reserve North L.P. �:a Rosev,utQ MacKay & Som as Ca tforma, r o The Planner's Guide to Specific Plans Part Three: CEGA a' 'nd Pl doption of a specific plan is'aproject subject CE(ZA Alternatives: to the California Environmental Quality Act ; (CEQA).As such,the specific plan normally CEQA and the State CEQA Guidelines include requires the preparation and consideration of an envi- provisions•for streamlined approaches to environmen- ronmental impact report(EIR).disclosing the potential tal review commonly referred to as"tiering"(CEQA significant environmental effects of the plan, plan Guidelines §15152)..Tiering is commonly used to alternatives,and-the means by which possible environ- simplifythe environmental review required forprojects mental damage may be reduced'or.avoided.Revisions which follow''specific plans and general plans. The to an existing specific plan may also require CEQA result is a limited review of those project-specific analysis through a subsequent,supplemental,or tiered effects;which either we're not examined or not fully EIR,or a negative declaration.The information in the examined in the specific plan EIR. EIR provides decision makers with the insight neces- sary to guide policy development,thereby ensuring the Program EIli: plan's policies will address and provide'the means by A program EIR maybe prepared.for a series of which to avoid potential impacts to the environment. related actions that are characterized..as one,large 'This section discusses. the relationship between the project or program (CEQA Guidelines §15168). Ac- specific plan and itsEIR.The EIR process and require- tivities which relate to and follow the specific plan means are discussed in detail in the State CEQA Guide- must be:exarinned in light of the program EIR to lines. determine if additional limited environmental analysis is warranted. Later activities which have been ad- P l a n/E 1 R Analysis: equately analyzed under the program EIR. will not require additional environmental documentation.If an To the extent feasible,the process of preparing the activity may result in additional effects,or new mitiga- specific plan and the environmental analysis should tion measures are needed,a subsequent or supplemen- proceed concurrently because both documents require tal EIR, or negative declaration -must be prepared many ofthe same studies and resulting information.As (CEQA Guidelines§15162 and 15163). the name implies,a specific plan EIR should contain analyses specific enough to reflect the level of detail in faster EIR: the plan (CEQA Guidelines §15146). However, as A Master EIR functions similarly to a program EIR shown in the decision of,Stanislaus Natural Heritage' for a multi-phased project such as a specific plan. A Project,Sierra Club v. Count} ofS'tanislaus(1996)48 Master EIR forms the basis for analyzing the effects of Cal.App.41h 182,analysis of significant effects may not subsequent projects (CEQA Guidelines §15175, et. be deferred to later developments under the specific seq.). Eater projects which are consistent with the plan, nor to later tiered EIRs. The Stanislaus court specific plan and which fall"within the,scope"of the found that a specific plan EIR failed to discuss the plan's Master EIR require no further negative declara- impact of providing a long-term water supply for the tion or EIR. A master EIR may be re-certified for a project, and thus the county could not make an in- subsequent project which is related to and substantially formed decision regarding the environmental conse- consistent with the specific plan (CEQA Guidelines quences of the project. The court concluded that the §15178). Other projects which differ materially or county could not defer the analysis of crucial impacts result in potential impacts,not previously analyzed, to later environmental documents that would be pre- maybe covered by a"focused EIR"that details the new pared as the specific plan was implemented. project-specific impacts while incorporating the previ- ous analysis of cumulative and growth inducing im- pacts by reference(CEQA Guidelines§15179.5). 23 The Planner's Guide to Specific Plans Tiering: tional EIR or negative declaration is required for"any When tiering is used, the later EIRs or negative project involving the construction of housing or neigh- declarations must refer to the prior EIR and state where borhood commercial facilities"when:(1)the project is a copy of the prior EIR may be examined.The later EIR consistent with a specific plan that has A.certified EIR ornegative declaration should state that the lead agency and that has been adopted not more than five years prior is using the tiering concept and that the EIR or negative to making the required findings under this section;(2) declaration is being tiered from the earlier specific plan the EIR is sufficiently detailed toddentify the proj ect's EIR(CEQA Guidelines§15152(e)). significant effects and corresponding mitigation mea- sures; (3)the lead agency,has.determined the type of Exemption of Subsequent Projects: environmental document needed.in accordance with Section 65457 provides that once the EIR has been Public Resources Code§21080.1 and has given notice certified and the specific plan adopted,any residential of such fact in accordance with subdivision(b)or(c)of development project, including any subdivision or §21092 of that code;(4)the lead agency makes one or zone change, that is undertaken to implement and is more of the findings required by Public Resources consistent with the specific plan is exempt from addi- Code §21081, and §15091 of the CEQA Guidelines; tional CEQA review.This exemption does not apply if and,.(5)the lead agency files a notice of decision with after the adoption of the specific plan,any of the events the county clerk for posting. which would trigger preparation of a subsequent or ` supplemental EIR occur,including substantial changes These examples of tiering and exemptions under- in the project or circumstances under which the project score the advantages of preparing=an EIR which,ana- is being undertaken requiring major revisions in the lyzes thespecific plan in enough.detail,to streamline project,or new information becomes available which the environmental review of subsequent projects.This was not known at the time the EIR was certified. is,particularly important when a specific plan covers an However,if a supplemental EIR is prepared covering extensive area or is the'prelude to several development the changes, new circumstances, or new information projects.Local agencies should include policies,in the and is certified,the exemption will apply to the projects speeifie plan,for the appiieation,of tiering and particu- which then-follow the specific plan. larly exemptions of subsequent projects. Another exemption is described under Public Re- sources Code §21080.7. In urbanized areas,no addi- 24 'The.Planner's Guide to Specific Plans Part, Four Adopt6ion, men men Repeal , and Ad Procedure for Adopting and Amending also be mailed or delivered directly to each of the a Specific Plan following: (1) the owner(s) of the property or the owner's duly authorized agent, and to the project The process of preparing,adopting,and amending applicant; (2) each local agency expected to provide a specific plan is generally the same as that for a general water,sewage,streets,roads,schools,or other essen- plan(§65350-§6535.8). In addition, the;specific plan tial facilities or services to the project,whose ability to, statutes.allow for exceptions and additional procedures provide.those facilities and services may be signifi- (§65453, §65454,and§65456). cantly affected;and(3)all owners;of real property as Upon completion of the draft specific plan, the shown on the'latest equalized assessment roll within planning department staff will prepare reports to the 300 feet of the boundaries of the real property that is the planning commission acid the legislative body. The subject of the hearing(§65091).However,where the reports will describe the contents of the plan,provide notice to nearby property owners would affect more a recommendation for approval or denial,related find- than 1,000 persons, a 1/8 page newspaper advertise- ings(for the purposes of the CEQA and/or general plan ment.may substitute for.that part of the notice. consistency), and possibly a resolution for adoption. In addition,the commission must provide advance The report will normally include an analysis of the notice to anyone who requests it in writing(§65092 or project's effect on the environment,pursuant to the 6594-5). The commission may provide additional no- CEQA: If'it has:not occurred previously,,staff will tice in any other manner it deem' s necessary or desir- include recommendations for the.certification of the able. environmental document.Any proposed amendments Special noticepursuant to§65096 is required when- to the general plan`or the zoning ordinance related to ever a person,applies fora specific plan amendment or .,adoption and implementation ofthe specific plan should any entitlement for use which would permit all or,any be presented at the sane time. part of a cemetery to be used for other than cemetery purposes. Hearin and Notice: Anyone may appeal the commission's decision to The plahn.ing commission must hold it least one the legislative body"under,the procedures set forth public hearing pursuant to§65353 prior to forwarding under,§65354.5'.As with any legislative act,the legis- its recommendations to the legislative body.Pursuant lative body, not.the.planning commission, has final to§653 54,a recommendation for approval requires the say., In most cases, an appeal of the commission's affirmative vote of not less than a majority of the total decision may not be necessary because the legislative membership of the commission. body must hold a public hearing on the matter anyway. The public hearing enables the public to present A legislative body must hold at.least one public testimony regarding the plan and further *involves hearing prior to adopting or amending a specific plan interested individuals in the-process. Section 65090 (§65355). A public hearing notice must be published provides that public hearing notice must be provided at in a local newspaper of general circulation at least 10 least 10 days preceding the hearing. This is accom- days prior to the hearing(§65090)or if a local newspa- plished by placing notice in a local newspaper of per is not available then notice shall be posted in at least general circulation. Alternatively, if there is no such three public places pursuant to this section.The legis- newspaper,the notice must be posted in at least three lative body'must also notify anyone who makes a public places within the jurisdiction of the local agency. written request for notice pursuant to§65092 or 65945. If the adoption or amendment of a specific plan The notice,as with the planning commission,may also would affect'the permitted uses,or intensity of uses of need to meet the requirements under§65096. real property, 10 day prior notice of the hearing must Once,the hearing(s) have been completed, the 25 The Planner's Guide to Specific Plans legislative body will take action to approve,condition- place of the city council or county board of supervisors. ally approve,or deny the specific plan.Any conditions The initiative and referendum may only be used to of approval should be made an integral,part of the enact,change,or repeal a legislative act.An initiative specific plan prior to its adoption. If necessary, final may not be used to direct a plan to be prepared approval should be delayed so that the conditions can (Marblehead v. City ofSan Clemente(1991)226 Cal. be added.Ifthe plan is to be approved with a substantial App. 1504). (See also: Growth"Control by the Ballot modification not previously considered by the com- Box:California's Experience,(1991)24 Loyola of Los mission,the plan must be referred back to the commis- Angeles Law Review) sion for their reconsideration and recommendation (§65356). Legal Challenge: Actions filed to attack,set aside,void,or annul the Adoption Options: decision of a city or county to adopt or amend a specific Unlike the general plan,which must be adopted by plan must be brought within 90 days of the agency's resolution(§65356),two options are available for the decision(§6,5009).Judicial review-of a specific plan, adoption of a specific plan:Adoption by resolution or including its conformance with the general plan, is adoption by ordinance.An ordinance is a local statute, based on-whether the action by the legislative body was enforceable by law.According to Black's Law Dictio- arbitrary,capricious,lacking evidentiary support,and/ nary,the term"resolution""...is usually'Omployed to or whether it failed to proceed 1'with public notice, denote the adoption of a motion,the subject matter of hearings, and other procedural requirements of law. which would not properly constitute a statute.:..Such Fora more comprehensive discussion, see Curtin's is not law but merely a form in which'a legislative body California Land Use and Planning Law. expresses an opinion." The choice between the two is dependent upon the Fees role which the plan is intended to fill.When adoption is by resolution, the specific plan becomes a policy Pursuant to§65456,the legislative body may im- document similar to theenerai plan.It tikes the form pose a.charge on persons seeking appro�als required to .of a more,specific set of policies which may give 'be consistent with an adopted specific plan or may direction to the mix of land uses or goals of a particular require a deposit equal to the estimated cost of prepar- development. When adoption is'by ordinance, the ing a specific plan for adoption,amendment,or repeal. specific plan effectively becomes a set of zoning regu- Costs may be recovered in any of several ways.An lations that provide specific direction to the type and applicant seeking to initiate a.project-related specific intensity of uses permitted or defines other types of plan-play be required to deposit the estimated cost of design criteria including architectural standards.How- the entire specific plan process at the front end of the ever,it is important to note that as in City of Sausalito application process and then reimburse the agency for v.County of ar°in,(1970)12 Ca1.App.3d 550,565,the the final cost as a.function of real cost accounting. adoption of plants which_effectively rezone property Alternatively,a city or county may absorb the cost of mustbe completedby ordinance consistentwith§65850. the process and then recoup the cost through pro-rated The enactment of a specific plan is a legislative-act developer fees or permit fees for proj ects required to be subject to adoption or repeal by voter initiative even consistent with the adopted specific plan., when enacted by resolution(Yost v.Thomas(1984)36 Cities and counties often utilize a combination of Cal. 3d 561, Midway Orchards v. County of Butte developer.direct financing, developer fees, facility (1990) 220 Cal.'App. 3d 765,'De Vita v. County of districts,and other financing mechanisms to-recoup the Napa,(1995)9 Cal.4`763). cost of the specific plan preparation and implement the Cities and counties have not only been subject to requirements of the plan. specific plan referenda(Chandis Securities v. City of Dana Point (1997) 52 Cal. 41h 475), but have also Public and Governmental Agency sponsored voter initiatives to adopt specific plans for a 'Participation variety of reasons.One common reason is to increase public involvement though voter approval. In other The specific plan is an accumulation of informa- circumstances, 'adoption by voter initiative has been tion collected,organized,and transformed into a set of used due to'controversy or political expediency. In detailed policies,objectives,programs and standards effect, the electorate makes legislative decisions in used to guide future development. The information 26 The Planner's Guide to Specific Plans collected as part of public and agency involvement Conditions of Approval- ensures that concerns,preferences,priorities,and needs are discussed and considered in the decision making OPR does not recommend attaching conditions to process.Section 65351 requires thattheplanning agency the approval of the specific plan,especially when the provide opportunities forlhe involvement of citizens, plan would rezone or otherwise affect the permitted public agencies, public utility companies, and civic, uses or,intensity of the use of land. Separating condi- education,and other community groups through hear- tions from the plan may complicate administration and ings and any other means deemed appropriate. implementation by creating policies or regulations that Section 65352 further requires that the plan be will directly affect the plan,but that are not included in referred to abutting cities or counties,special districts, it.Internal inconsistencies between the plan and condi- school districts,local agency formation commissions, tions may result.The plan should be revised as needed councils of government,public water systems supply- prior to final adoption to incorporate regulations and ing 3,000 or more customers,and specified air quality conditions directly into the plan. management districts. A city or county may accom- plish this through public hearings or any other appro- Specific Plan Repeal priate means including,but not limited to,community workshops,a website,written or telephone correspon- A specific plan is repealed in the same manner that dence,and surveys.Each of these agencies has up to 45 it is amended pursuant to §65453(b). Similar.to the days to comment on the.,proposed plan. adoption, the planning commission and legislative A good example ofpublic and agency involvement body must each hold at least one public hearing prior to is the San Luis Obispo's Railroad District Plan,which taking action. Alternatively, a specific plan may be received the 1999 APA Award of Excellence. It was repealed by voter initiative. found to be a"fine example of the type of district plan that is useful,involves the public and is a good commu- Plan Administration nication tool". It comprehensively addresses land use, transportation and circulation,aesthetics,open space The administration of specific plans require spe- and historic preservation, and implementation in the cial care.Often,the design standards and zoning adopted railroad corridor of the town. under the plan will differ:from that of the zoning In addition to the statute requiring the referral of ordinance covering the other portions of the commu- plans and notification to specified localagencies and nity.Agencies which adopt several specific plans,each the public of its public hearings,notification pursuant with its own format and unique development specifica- to CEQA is required for the plan's environmental tions,may encounter mcreasedpernnitprocessing times document.For further discussion of public notice and and errors due to varying plans, formats, and provi- responsible and trustee agency review, refer to the sions. State CEQA Quidelines and CEQA Deskbookby Ronald Several options exist to simplify plan administra- E.Bass,Albert I.Herson,and Kenneth M.Bogdan. tion. The first is educating planning staff about the Additionally,§65919 et.seq.requires the proposal intricacies of the plan through plan summaries,com- to adopt or amend all or part of a specific plan to be parisons,and matrices.Existing zoning maps and other referred to affected cities and counties for comments references should be changed to reflect the area cov- andtrecommendations. ered by the plan and any changes in zoning or permit requirements.If necessary,the local zoning ordinance Timing of Amendments should be amended immediately to establish confor- mity with the plan.In jurisdictions where the adoption Unlike the mandatory elements of the general plan of several specific plans are being considered, the which, pursuant to §65 3 5 S(b), may not be amended agency may consider-adopting written specific plan more frequently than four times during each calendar guidelines. Guidelines,for the preparation of specific year, the specific plan may be amended as often as plans establish format and content requirements which necessary by the local legislative body pursuant to will enable staff to familiarize themselves and more §65453(a).However,no specific plan may be amended effectively implement the plan. The guidelines may unless the proposed amendment is consistent with the also provide project proponents with an explanation of general plan(§65454). the required plan elements and how it is utilized by the 27 1 The Planner's Guide to Specific Plans particular agency.(See appendix C for an example of enables planners to review projects for consistency specific plan guidelines) with the general plan by entering the important charac- Another option is to utilize computer software teristics of land development projects into a software programs to aid in administration.The advent of"on- program. The program compares the project features line"technology and"automated"project and permit with the plan,identifies applicable goals and policies review has provided planners with increasingly so- by topical area,and prepares,a report.Similar technol- phisticated tools which can be used to implement ogy is available to assist in'the implementation of the specific plans. For example, an on-line general plan specific plan. J 28 r r The.Planner's Guide to Specific Plans Part Five Specif'ic Plarts- Re at'ons to Other Planniong easures Consistency With The General Plan Specific,plans may differ in their implementation of the general plan depending upon whether they are A specific plan may not be'adopted or amended adopted by resolution_or by ordinance.A specific plan unless the proposed plan.or amendment is consistent adopted by resolution will propose implementation with`the general plan pursuant to' §65454. Section measures, whereas a specific plan adopted by ordi- 65359 requires that any specific plan of a city or county nance imposes regulations.If the specific plan,is regu- that is applicable to the same areas or matters affected latory by design,the.plan's regulations must promote by a general plan amendment shall be reviewed and the general plan's statement of development policies. amended as necessary to make the specific plan consis- In particular,,the regulations must be enactments re- tent with the general plan.Consistency is commonly sulting from and complying with the directives of the demonstrated through the statement of the relationship general plan's policies,plan proposals,or action pro- of the.specific plan to the general plan as required by grams. §65451(b) or through a discussion of the individual policies andprograms and how each consistently.imple- Diagram Consistency: ments the general plan. Section 65451(a)requires that a specific plan in- Zoning, subdivision, and public works projects clude a diagram or diagrams which specify the distri- must be consistent with the general plan and specific bution,location,and extent of the uses of land,includ- plan pursuant to §65455. (See also§66473.5,'65860, ing open-space, within the area covered by the plan. and 65401.)'The CaliforniaAttorney Generalhas opined The'diagram(s) must be consistent with the general that, "the term `consistent with' means agreement plan.In Las Virgenes Homeowners Association v.Los with.'The courts have held that the phrase`consistent Angeles County(1986)177 Cal.App.3d 310,the court with'means `agreement with;harmonious'with.'The held:that the general plan is only required to contain a term `conformity' 'means' in harmony therewith or diagram of the general locations illustrating the poli- agreeable to" (see 58 Gps. Cal.'Atty. Gen. 21, 23 cies of the plan.General plan policies can establish that (1975.))* parcel-specific designations are to be reflected in a As used.in the General Plan Guidelines and based specific plan.:'.Therefore,the boundaries of a specific on the language contained in the statutes and various plan's land use designations need not precisely match legal interpretations by the courts, a general rule for the generalized'boundaries delineated on a general consistency determinations can be stated as follows: plan diagram provided that it reflects a reasonable approximation of a general plan's land use designa- An action,program,or project is consistent tions. The land use distributions and locations con- with the general plan if,considering all its tained in.the specific plan should be consistent with aspects, it will further the objectives and those ofthe general plan.For example,if a general plan policies of the general plan and not obstruct designates an area for residential and neighborhood their attainment. commercial uses,the specific plan for the same area should not have'provisions for industrial uses. This A finding of a project's consistency with a general would be inconsistent with,the general plan.Because a plan or specific plan would be reversed only if,based specific plan,is intended to systematically implement on the evidence before the council,a reasonable person the general plan,its diagram does not supersede that of could not have reached the same conclusion.(No oil, the general plan. Rather, it details and fosters the Inc.v.City ofLos Angeles(1987)196 Cal.App.3d 223, general plan's development policies. citing McMillian v.American General Finance Corp. Specific plans which include multiple develop- (1976)60 Cal.App.3d 175, 186) ment phases and development over a longer time frame 29 The Planner's Guide to Specific Plans may not initially be.consistent with the general plan agency may request, in writing, that the California diagram if provided for in the text of the-general plan. Coastal Commission prepare all or part of an LCP For example,the first phases of a project may include (Public Resources Code§30500(a)).An LCP is"por- existing agricultural land uses not shown under the tions of a local government's general plan, or local diagram. However, later phases of the same project coastal element which are sufficiently detailed to indi- may include residential development on the same land, cate the kinds,location,and intensity of land uses..." accurately portraying the allowable uses under the (Public Resources Code§30108.5).The Coastal Com- general plan diagram. mission has permitting authority over development within the coastal zone including-certification of the Consistency with Airport Land Use Plans: LCP,oversight for local planning efforts,and perma- In each.county with a public use airport,an airport nent,jurisdiction over development on coastal zone landuse commission prepares a comprehensive airport tidelands,submerged lands,-and public trust land(Pub- land use plan(ALUP)addressing all such airports and lic Resources Code§30500). their environs within the county. Section'65302.3 Just as a specific plan may be used to implement a requires that_the general plan, and .any applicable general plan,it may also be used to implement an LCP. specific plan be consistent with the ALUP. Further, A specific plan may be used to enact the land use §65 3 02.3(b)requires that the general plan and specific regulations covering the entire coastal zone within a plan be amended within 180 days to be consistent with city or.county,or focus the policies of the LCP on only any amendment to an ALUP. However, the consis- 'a portion of zone. Specific plans that amend an,LCP tency requirement may be overridden bythe legislative must be reviewed and certified by the commission(70 body when findings are adopted pursuant to Public Ops.Cal.Atty.Gen.220(1987)). Utility Code§21676(See California Aviation Council v. City of Ceres,(1992)9 Cal.App.41b 1384). Consistency with SNLkRA Amendments.to a specific plan or general plan The Surface Mining and Reclamation Act of 1975 affecting the airport planning area must be reviewed by. (SMARA)ensures that adverse environmental effects the airport land use commission and a'determination are prevented or minimized, mined land reclaimed, made as to the consistency..with the ALUP. If the mineral production.and conservation.encouraged,and commission finds that the amendment is inconsistent hazards to the public health and*safety eliminated and the local legislative body does not concur,the city .(Public Resources Code §2712). The Act requires council or board of supervisors may,by a two-thirds cities and counties to adopt ordinances in accordance vote,overrule the corm"ission's determination purse- with state policy for the review and approval of recla- ant to Public Utility Code§21676: oration plans and for the issuance ofperrnits to conduct surface mining operations. Consistency with The California.Coastal Act: SMARA requires local agencies to prepare or The California Coastal Act(Public Resources Code amend a specific plan to"plan for future land uses in the §30000 et seq.)exists to"protect,maintain,and where vicinity of, and access routes serving..." a surface feasible,enhance and restore the overall quality of the mining operation when requested by the mining opera- coastal zone environment and its natural and artificial tar or other_interested person(Public Resources Code resources" (Public Resources Code §30001.5). The §2764).This does not apply if the local general plan coastal zone extends from the California/Oregon bor- contains mineral management policies consistent with der to the California/Mexico border,seaward to the end SMARA which apply to the surface mining area. ofthe jurisdictional waters ofthe United States,includ.- When adopting or amending a specific plan, the ing all offshore islands, and inland generally 1,000 local legislative body must make.findings as to,whether yards (Public Resources Code §30103). The Coastal the future land uses and access routes will be compat- Act is applicable to all those portions of cities,coon- ible with the mining operation. If the land uses and ties,and charter cities that are within the coastal zone, access routes are not compatible with the continuation excluding the area of jurisdiction of the San Francisco of surface mining,the local agency must also state why Bay Conservation and Development Commission(70 incompatible uses are proposed,in light of the regional Ops.Cal.Atty.Gen.220(1987)). importance of the operation(Public Resources Code Local agencies with jurisdiction over land within §2764(b)). the coastal zone must prepare a local coastal program (LCP) to implement the Coastal Act. However, an 30 r The Planner's Guide to 5peti is Plans Other Measures That Must Be Development Agreements: Consistent With Specific Plans A specific plan facilitates the administration of a development agreement through the separation ofpoli- The specific plan statute under§65455 states that cies and regulations which are specific to the site from '.No public works project may be"approved,no tenta- those ofthe jurisdiction as a whole.As such,§65867.5 tive map or parcel map for which a tentative map was _requires that a development.agreement be approved not required may be approved, and no zoning ordi- only if the-provisions of the agreement are consistent nance may be adopted or-amended within:an area with any applicable specific plan. covered by a specific plan unless it,is consistent with the adopted specific plan."Section 65451 requires that Housing Projects: a specific plan set forth detailed development criteria, Housing projects are defined by Health and Safety standards,and implementation,programs.Thus,there Code§34212 as being housing or community-related is little or no opportunity for programs and other activities involving.governmental .funding or.assis- measures,which implement the specific plan,to.vary tance. These projects are subject to applicable plan- from its requirements.In addition to§65455,there are ping,zoning,sanitary;building laws.ordinances,and a number of other-statutes that address the issue of regulations.Any housing authority planning a housing consistency between specific plans and.implementing proj ect must take into consideration the relationship of measures. the project to any larger plan or long-range program (specific plan)for the'development of the area in which Annexations,Detachments,and Incorporation: it is located consistent with Health and Safety Code Section 56841(g) requires Local Agency Forma- §34326. tion Commissions(LAFCO)to consider,among other issues, the- consistency.of proposals for annexation, Land Projects: detachment,.or,incorporation with applicable specific Section 66474.5 restricts local agencies from ap- plans prior to approval. proving a final subdivision map for any land project unless.(a)the local agency has-adopted a specific plan Capital Improvement Programs.: covering the area included within the project;and(b) Five-year capital improvement programs prepared the agency finds that the land project,together with the .by special districts,school districts,or,other agencies provisions for design and.improvements,is consistent created by j oint powers agreements,must be.referred to with'the specif c plan. Land''proj ects are defined by the planning agency,of each.affected city and county §11000.5-of.the Business-and Professions-Code. within which the district or agency operates;for review as to its consistency with'any applicable specific plan. Park Land(Quimby Act): Section 65403(c) requires that the capital improve- Local agencies may,.by ordinance, require the ment program or any part of the program not be carried payment of fees or dedication .of land for park or out if the planning agency finds that it is not consistent recreational purposes as a condition of the approval of with any applicable specific plan:However,the find- a tentative or parcel map. Prior to imposing this re- ing may be overruled by the district or agency propos- quirement, the local legislative body must adopt a ing to carry out the capital improvement program. general plan or specific plan with policies and stan- dards for parks and recreational facilities.The required Condominium Conversions: fee or dedication'must be consistent with these policies The requirements of the Subdivision Map Act for and standards pursuant to§66477(d). consistency with general plans and specific plans un- der§66473.5,§66474,and§66474.61 do not apply to Public Utilities: condominium projects or stock cooperatives that sub- Public Utilities Code §12808.5 requires public divide airspace in existing structures unless a specific utility districts to refer proposals to locate or construct plan contains definite objectives and policies,specifi- lines and accessory structures for the transmission and cally directed to the conversion of existing buildings distribution of electricity to each affected city or county pursuant to-§66427.2. Consistency may also be re- for their approval.The local legislative body must hold quired where new structures or-additions to existing one public hearing and,within 60.days,adopt a resolu- structures occur. tion, including findings of consistency with any rel- evant specific plans, for approval or denial of the i r 31 The Planner's Guide to Specific Plans proposal.However,the utility district may,by a four- Subdivision Land Reservations: fifths vote,render the local agency's decision inappli- A local agency may, by ordinance, require the cable. reservation of real property in a subdivision for parks and recreational facilities, fire stations, libraries or Public works Projects: other public uses.Section 66479 requires that reserva- . Local public works projects may not be approved tions be based upon an adopted specific plan or an unless they are consistent with any applicable specific adopted general plan containing policies and standards plan pursuant§6545 5. for those uses. The-reservations must be consistent with these policies and standards. Subdivisions: Section 66473.5 requires that the local legislative Zoning: body only approve a tentative map,or a parcel map for Section 65.455 requires that theadoption or amend- which a tentative map was not required,if it finds that ment of a zoning,ordinance be consistent with any the subdivision, together with the provisions'for its applicable specific plan covering the same area. design.and improvement, is consistent with any spe- A planning commission,in its written recommen- cific plan which has been adopted covering the area of dation to a city council or board of supervisors regard- the proposal. ing the adoption or amendment of a zoning ordinance, Inconsistency between-a proposed subdivisionand must describe the relationship between the proposed an adopted specific plan is grounds for denial(§66474). zoning ordinance or zoning amendment with the appli- This may include inconsistent design or improvement cable general and specific plan pursuant to§658.55. , of the proposed subdivision. Section 66474.61 requires that the advisory agency, Summary: appeal board,or city council of a city with-,population Inconsistencies in implementation or conflict with exceeding 2.8 million(Los Angeles)deny approval of existing policies,,programs; and ordinances must be a tentative map or parcel map if it finds that. the identified and corrected-as early''as possible. Adjust proposed.map or the proposed subdivision's design or ments to existing planning and regulatory programs improvement-As inconsistent with.applicable general, should be made before or concurrently`with the adop- and-specific:plans. tion phase of the specific plan process.After adoption, Specific,plans often contain conceptual.subdivi- any identification of inconsistency must be followed sion maps which are used to present the ideal pattern of by the amendment.of either existing plans and regula- development for the plan area. Subsequent tentative tions or the specific plan itself. Failure to correct maps must comply with the standards for design, -inconsistencies can result in the inability to enforce improvements, land use, and density; however, they specific plan regulations and policies(see Anderson v. are not and should not be required to strictly comply City-of La Mesa(.1981),118 Cal.App:3 d 657)! with the conceptual designs,unless so stated in-the plan.- 32 r The Planner's Guide to Specific Plans PaIrt Six Specelfelc Plan mplementat0ion. Measures Implementation increment financing, city and county general fund money,exactions,and other means are discussed fur- Whether regulatory or policy'oriented,all specific ther in Table 2. ;- plans must contain ,a "program of implementation OPR's-,A Planner's Guide To Financing Public measures including regulations,programs,public works Improvements, contains a detailed discussion of fi- proj ects, and financing measures pursuant to nancing measures, most of which are applicable to §65451(a)(4).Common strategies are to include a form specific plans.Other resources include OPR's General of an overlay-zone or other zoning-like regulation as Plan Guidelines and William Abbot's Public Needs part of the implementation program. Implementation and Private Dollars,Solano Press.. of,,pubtic infrastructure and facilities policy- is also Other specific plan implementation programs may commonly accomplished through the inclusion of a include affordable housing projects(implementing the capital improvements program. policies of the general plan housing element), eco- The specific plan must include or identify a financ- nomic development;redevelopment programs,project ing program.Various financing'mechanisms-are avail- phasing,'transportation system management, habitat able to fund the programs,of a specific plan including conservation plans, and local air pollution control . special assessment districts,the Mello-Roos Comrnu- measures. pity Facilities Act,and general obligation bonds.Tax- Table 2 Exam' Ples of Financing Measures- (.. Propositiof 21.8: ordinance or resolution prior to placing the tax on Proposition 218 added Articles XIII C and D to the ballot.The ordinance-or resolution must specify the California Constitution controlling how general the purpose of the tax,the gate at:which it will be taxes.-are levied..and requiring certain previously imposed.,the method of collection,and.the date of levied general taxes to be ratified by voters.. It the election to approve the tax levy.Approval by a reduces all takes to either general taxes or special 2/3 vote of the city,county,or district electorate is taxes.It defines a general tax as"any tax imposed necessary for adoption.For additional information for general governmental purposes"and a special concerning`the implications-of Proposition 218 to tax as "any tax imposed for .;specific purposes, local government financing,see OPR's,4 Planners including a tax imposed for specific purposes,which Guide To Financing Public Improvements. is placed into a general fund."C eneral.and special taxes.can be reduced or repealed through the initia- Mello-Roos Community.Facilities Act of 1982: tive process. Benefit assessments and "property The Mello-Roos Act enables cities,counties, related fees and charges"cannot be,imposed with- special districts, and school districts to establish out prior voter approval.Fees,charges,and assess- community facilities districts and to levy special menu can be reduced or repealed through the initia- taxes to fund a wide variety of facilities and ser- tive process. vices required by a specific plan.A Mello-Roos tax A city, county, or special district(including a can be applied to the planning and design work school district) contemplating a special tax levy directly related to the improvements being financed must hold a noticed public hearing and adopt an continued 33 i The Planner's Guide to Specific Plans Table 2 continued and may-also fund services on a pay-as-you-go bonds to finance facilities for revenue producing basis including:.police and fire protection, ambu- public enterprises.The enterprises developed under lances, flood protection recreational programs, these funds are financed by user charges that, in parks,and schools.A Mello-Roos district must be turn, are applied to bond debt service payments. established pursuant to the requirements of§53321. Revenue bonds do-not require approval by 2/3 vote As with all special taxes, Mello-Roos taxes are since they are neither payable from taxes,nor from subject to reduction or repeal by initiative. the general fund. A Mello-Roos tax is not a special assessment, The Revenue Bond Act of 1941 (§54300 et so there is no requirement that the tax be appor- seq.) is the most commonly used bond act. Under tioned on the basis of property benefit.The tax can this act,bonds maybe issued for revenue producing be structured so that it varies depending upon,the facilities such as airports,harbors,hospitals,park- zoning or development intensity of the property ing,and garbage collection.Bonds under this act are being assessed. Apportionment.cannot, however, adopted by resolution of the legislative body and .be done on an ad valorem basis. Some of the subject to approval by a simple majority of the projects that have been funded through Mello-Roos voters voting on the bond measure.One example of include public works projects in"planned-commu- a public enterprise revenue bond is the Cambria nities" for Orange County, Riverside-County and Community Services District's 1989 bond financ- San Diego as well.as public park improvements and ing of a wastewater treatment plant. school facilities throughout California.See§53311 et seq.for detailed information regarding the estab- Tax-Increment Financing: lishment of Mello-Roos districts. Local governments may activate redevelop- ment agencies to improve blighted areas..Specific General Obligation Bonds: plans are also often.used to improve the blighted In 1986, California voters approved Proposi- areas which may at the same time be subject to a tion 46,restoring.the ability of'local governments redevelopment plan. As an area is redeveloped, it ---and school districts to.issue general obligation may generate new property tax revenue. This rev- (G.O.) bonds. General obligation bonds require enue is known as the tax increment. A redevelop- approval by 2/3 of the jurisdiction's voters and'are anent agency engages in tax-increment financing used to finance the acquisition and construction of when it funds its activities with bonds,notes,etc., public capital facilities and real estate(see§29900 secured by the increment.with certain exceptions, et seq.,43600 et seq.,and Education Code§15100 the agency must allocate 20 percent of the tax et seq.).G.O.bonds are repaid through an increase increment to funding low and moderate-income in'the ad valorem property tax being levied by the housing.(See§16 of Article XVI of the California issuing jurisdiction. Constitution and§33000 et seq. of the Health and General Obligation bonds nay be used to fund Safety Code) such things as schools,libraries,jails,fire protec- tion and capital improvements.—According to the Impact Fees and Exactions: California Debt and Investment Advisory Commis- Dedications of land and impact fees are exac- sion,27 G.O.bond measures were placed on local tions which lessen the impacts of new development ballots in the November 1996 election. Fourteen resulting from increased population or demand on passed.thirteen failed,and nine received more than services.Local governments derive their authority 60 percent approval.Some of these bonds included Jo impose exactions from the"police power.granted K-12 school facilities and seisinic-safety retrofit- to them by the State Constitution and/or specific ting of public buildings. state enabling statutes such as the Subdivision Map Act. Public Enterprise Revenue Bonds: A legally defensible exaction must (a) "ad- Local governments have the ability to issue vance a legitimate state interest"(such as protection continued 34 f r The Planner's Guide to Specific Plans Table 2 continued of'the public health, safety, and welfare) and (b) Improvement Act of 1911 (Streets and High- mitigate the adverse impacts to that interest that ways Code§,5000 et seq.) would otherwise result from-the project(as held in Municipal Improvement Act of 1913 (Streets Nollan v.I California Coastal Commission (1987) and Highways Code §10000 et seq.) 107 S.Ct.3141). Additionally, in Dolan v. .City of Improvement Bond Act of 1915 (Streets and Tigard (1994) 114S.Ct.2309, the U.S. Supreme Highways Code§8500 et seq.) Court held that, in addition to the standard for • Park and Playground Act of 1909-(Government essential nexus established under Nollan,there must Code'§38000 et seq.) be a"rough proportionality"between the proposed Tree Planting Act of 1931 (Streets and'High- exactions and the impacts that the project are in- ways code§22000 et seq.) ` tended to allay. The California Supreme Court Landscaping and Lighting Act of 1972(Streets further defined the principals of legal exactions and Highways Code§22500 et seq.) under Ehrlich.v: City of Culver City (1996)12 Benefit As Act of 1982(Government Cal.App.41h 854.The Legislature has since amended Code§54703-et seq.) the Mitigation Fee Act(§66000,et seq.)to require Integrated Financing District Act(Government the local agency imposing the fee to identify the Code§53175 et seq.) purpose of the fee and the use to which it will be'put. Street sighting Act of,1919(Streets and High- The local agency must also specify the.nexus be- ways Code 18000 et se } g y p fY y § q) tween the development project and the improve- Municipal.sighting Maintenance District Act ment being financed(§66001). It'must further es- of 1927(Street and Highways Code§18600 et tablish that the amount of funds being collected will seq.) not exceed that needed to pay for''the'improvement Street Lighting Act of.193.1 (Street s and High- 066005). ways Code§18300-et seq.) • Parking District Law of 1943(Streets and High- Special Assessment Districts: ways Code§31500 et seq.) Special assessment districts are defined geo- Parking District Law of 1 951(Streets and High- graphical areas which local governments'levy as- ways Code§3 5100-et seq.) sessments to pay forpublic projects such as streets, Parking and Business Improvement Area Law sewers,storm drains,landscaping and streetl ghting. of 1989(Street and High-ways Code.§36500 et Special assessments pay for projects that are of seq.). specific and direct benefit to particular properties. Property and Business Improvement District For example,in order to finance the construction of Law of 1994 (Streets and Highways Code street facilities which provide sole access to an §36600 et seq.) industrial park, a local government may create an • Pedestrian Mall Law of 1960(Street and High- assessment district to cover the cost as it relates to ways Code§11000 et seq.) the amount of benefit received by each property Permanent Road Divisions Law (Streets and being assessed. Proposition 218 established corn- Highways Code§1160 et seq.) mon procedures for forming special assessment • Community Rehabilitation DistrictLaw of 1985 districts under Section 4, Article XIII D of the (Government Code§53370 et seq.) California Constitution. Most assessment districts Geologic Hazard Abatement District (Public may use their proceeds to secure bonds. Resources Code§26500 et seq.) The following are some of the many special Open Space Maintenance Act (Government assessment and related acts: r Code§50575 et seq.) • Fire Suppression Assessment (Government Code§50078 et seq.) 35 - t The Planner's Guide to Specific Plans Specific Plans And Development in correlation with a development agreement would Projects only be amended when corresponding changes are made to the agreement. (See Midway orchards v. Local agencies may require that a specific plan be County of Butte,220 Cal.App.3d 765(1990);and 76 adopted for an area as a prerequisite to a development Ops. Cal.Atty. Gen.227(1994)) project as part of the requirements of an overlay zone, other ordinances,or for consistency with the policies of Vesting Tentative Subdivision Maps: the general plan. Section 66498.1(b)provides that when a vesting tentative subdivision map is approved, a vested right Development Agreements: shall be conveyed to proceed with development in A development agreement is a tool for establishing substantial compliance-with the ordinances,policies, a vested right to proceed with development in conform- and,standards in effect at the time the application for ance with the policies,rules,and regulations in effect the tentative map is complete.Once approved,a land- at the time of approval(§65864).Development agree- owner/developer may proceed with a project unim- ments provide a developer with assurances.for a speci- peded by subsequent changes to the applicable devel- fied length of time that his/her project may proceed as opment regulations. A specific plan adopted prior to originally approved, and not be affected by'future the approval of a vesting tentative map may provide changes in land use regulations.The authority of local local agencies and the landowner/developer a single governments to enter into development agreements reference in determining the rights to be vested. was tested and upheld by the courts in Santa Margarita Area Residents Together v. San Luis Obispo County Redevelopment: Board of Supervisors,84 Cal.App.4th 221 (2000).In Specific plans represent relatively precise devel- many cases and in exchange for this assurance, the opment criteria,guidelines,and diagrams which may landowner/developer may,agree to a larger dedication provide additional direction to agencies and the public of land.or in-lieu fee for public use as a condition of the in'establishing-uses and infrastructure improvements a feementr that are planned within a redevelopment area. Such A specific plan facilitates the administration of a plans also set forth in detail the planning and'imple- development agreement by separating the develop- mentation programs that, in the opinion of the local ment policies-and regulations applied to a proj ect site agency,will lead to a successful redevelopment proj ect. from those of the jurisdiction as a whole.This enables In addition,the precision of specific plans is useful in a local agency to revise its jurisdiction-wide plans and estimating the costs of,public improvements to be ordinances without affecting the policies and regula- funded by tax-increment financing and other fiscal tions"frozen"by an agreement.A specific plan adopted programs. 36 i The Planner's Guide to Specific Plans Part'Seven, Speceifoic, Plan Summaries Following are summaries of some good specific plans,including those recognized by the California Chapter of the American Planning Association with"Comprehensive Planning Awards of Excellence"over the past few years.The plans included are representative of a broad range of plan-types and subj ect matter included in numerous other plans from around the state. of which 2,63 3 acres are to.be dedicated as permanent City of San Jose public open space.The remainder of the planning area Evergreen Specific Plan comprises clustered development on approximately Adopted July 2, 1991 1,900 acres.with an additional 900 acres of community open space.The proposed community would consist of The Evergreen Specific Plan.was prepared for the mixed-density and income housing units in a pedes- City of San Jose by Dahlin Group,Inc.,in response to trian friendly setting totaling approximately 3,050 units. a_general plan amendment in 1989 designating 865 The dedicated open space would be combined with acres as the"Evergreen Planned Residential Commu- surrounding open space areas to form approximately n.ity.''The'amendment included Ithe requirement that a 1.1,000 acres of important wildlife habitat, corridors, specific plan be adopted prior to approval of develop- and ecosystems,in an effort to balance the preservation ment. The specific plan relies on some unusual tech- of natural resources with "the f development of new niques for creating an innovative new community with communities. The plan includes comprehensive de- 41 edges that blend seamlessly into adjacent subdivisions sign guidelines, development standards, and imple- and interior features that are_distinctive both function- mentation measures to create'a livable community ally and visually.Traff c rotaries and radial streets for based upon compact and pedestrian oriented design. example, provide direct routes to gall"of the"plan's facilities and amenities for neighborhoods both inside and outside the plan area.The plan includes provisions City of San Jose for ongoing vineyard and wine-making facilities at Midtown Specific Plan Mirassou Vineyards,a circular commercial"village," Adopted December 8, 1992 parrs and additional park acreage, two elementary schools, funding for a new high school, fire station, The Midtown Specific Plan was prepared by a corridor trails, pocket parks, and extensive internal consultant team including ROMA Design Group,with trail systems.Supporting documents include revisions oversight from the Midtown Specific Plan Task Force, to existing development policy.- plan and the for the purpose®f providing a vision for an area that is zoning ordinance.,\ undergoing considerable transition and change. This vision includes:creating a pattern of development that reinforces transit;.providing diversity in housing op- Ventura County portunities to establishe viable and livable neighbor- Ahmanson ranch Specific Plan hoods; preserving.viable industrial and commercial- Adopted December 1992 service;creating,an extensive system ofpedestrian and open space;balancing circulation needs with consider- The Ahmanson Ranch Specific Plan was produced ation of livability;and complementing and extending by the Ahmanson Land Company for the County of adjacent residential and commercial areas surrounding Ventura as part of a development proposal for residen- midtown.The specific plan will guide the evolution of tial, comm-ercial, and community facility uses. The this 210-acre mixed industrial and commercial area planning area encompasses approximately 5,433 acres into a new mixed-use community including high- 37 The Planner's Guide to Specific Plans density commercial and residential uses oriented to- ward transit, while maintaining some industrial and City of Santa Monica service commercial uses.This plan provides for close Santa Monica Civic Center Specific Plan to 3,000 new housing units,920,000 square feet of new Adopted November 231, 1993 office development,305,000 square feet of additional industrial/commercial uses,and 335,000 square feet of The Santa Monica Civic Center Specific Plan was retail, restaurant, and entertainment-oriented uses. It prepared for the City by ROMA Design Group.Adop- also incorporates an extensive system of pedestrian tion of the plan was called for by the general plan in ways and open spaces that promotes Midtown as a response to the need to comprehensively plan for livable and walkable community, street patterns that public and private ownership in the area with a central prevent excessive residential street traffic in the future, theme of urban design. The planning area includes ,and comprehensive urban design guidelines for creat- approximately 45 acres, 26 in public ownership and ing a compatible relationship with surrounding areas 15.8 under the ownership of one corporation.The site and neighborhoods. is within close proximity to the beach and Santa Monica Pier, the Santa Monica Freeway, and adjacent to the city's recently revitalized downtown. The urban de- City of West Sacramento sign theme is intended to guide development of the area West Sacramento'Triangle "that is,essentially a meeting place that brings together 1 A Specific Plan for The Development of Downtown a broad range of activities within an attractive and West Sacramento inclusive environment." The plan includes.a mix of Adopted June 30, 1993 uses including city offices,county justice courts,audi- torium, cultural, open space, residential, live/work, The west Sacramento Triangle Specific Plan was professional office, and retail. Development policies prepared for the City• of West Sacramento by the are included which"Redefine Main Street"to establish Zimmer.Gunsul Frasca Partnership for the purpose of it as a focal 'point, "Extending the Palisades 1and- providing"a planned,waterfront oriented urban core... scape," bringing the characteristic landscape of the complementing established residential and comfier- area into the Civic Center, and "Meeting the City cial districts within the City with a balanced'mix of Grid," making the area accessible -arid friendly by uses."Its focus is to provide guidance for the develop- incorporating visual corridors,mixed-use streets,and ment of approximately 188•acres'while creating a pedestrian and bicycle ways into the area. sense-of-.place,promoting economic.development,and furthering the use of the area for living,working,and tourist-oriented development.The plan includes provi- City of Folsom sions for five separate development area components, The Parkway Specific Plan and Design each with:its own identifying characteristics yet uni- Guidelines Pied through redevelopment and development guide- Adopted December 1993 lines with an emphasis on establishing a sense-of-place based upon the waterfront. The Parkway Specific Plan and Design Guidelines Separately,the City adopted the Southport Frame- were prepared for the City of Folsom by the Parker work Plan in May 1995 as part of its comprehensive Development Company,The Spinnk Corporation,and planning efforts..Although this is an"area plan"and Jones & Stokes Associates, Inc. The planning area does not meet the criteria of a specific plan,its purpose encompasses 612 acres with provisions for 360 acres of is to establish connections between the individual mixed density residential,6.4 acres of office use,11.8 specific plans-within its boundaries to accomplish an acres of commercial use, and 242.4 acres of open overall comprehensive planning framework.It demon- space,parkway-corridor,riparian mitigation,and other strates the ability to provide integration between spe- variations of open space uses. The'plan incorporates cific,plans and their respective planning areas and zoning and development standards which supersede regulations. prior designations,a financing plan for the provision of necessary public facilities, and a separate financing plan for a special assessment district.The plan has also incorporated a detailed set of design guidelines for I landscaping,architecture,lighting and signage.Sepa- 38 The Planner's Guide to Specific Plans rately,the plan includes as an appendix,the"Parkway portion of the city adjacent to Highway 65. It estab- and Resource Mitigation Plan." This section estab- lishes a framework for the development of the planning lishes a plan for a natural corridor which bisects the area including a village square,traditional residential planning area providing for the preservation of impor- neighborhoods,pedestrian pathway system,preserva- tant habitat,passive.recreation,and flood protection.It tion and utilization of watershed open space corridors, also forms a resource mitigation program for impacts and emphasis on the design of public spaces: Plan to natural resources resulting from development, and implementation includes a development agreement provides for the preservation of open space and the which sets forth public infrastructure and financing, quality.of life in the city. Quimby Act park land dedication requirements, and land use and infrastructure requirements.Comprehen- sive community and landscaping design guidelines Mariposa County have been defined for the purpose of establishing a Mariposa Town Planning Area Specific Plan framework for development and coordinated land- Adopted'January 14, 1992 scaping leading to the vision_underlying.the plan. Amended February 7, 1997 The Mariposa Town Planning Area Specif c Plan City of San Luis Obispo was prepared by county staff at the direction of the Railroad District Plan Board of Supervisors.The plan encompasses the unin- Adopted June 16, 1998 corporated town ofMariposa,including approximately 1,900 acres,with apopulation of 1,565.The area serves The Railroad District Plan grew out of citizens' as the westerly gateway to Yosemite National Park suggestions that a plan be prepared to address several with more than one million tourists passing through important issues, including-traffic circulation, open each year.The plan provides for the preservation ofthe space and historic preservation, safe pedestrian and historic Mother Load design and atmosphere of the bicycle.connections;aesthetics;public safety and the town. allso allow for commercial.and,maiden~ need for additional automoh e pig.The City C or tial growth. Guidelines for design-review,,t historic eil directed staff to.prepare a,plan that would address preservation, arid-other development standards have these issues and ensure that the various public ,im- been incorporated, into the plan.. As the center for provements planned or underway in the District would county government,services,and commerce,the plan be.properly coordinated. policies focus on the viability of Mariposa as a com- The Railroad District influences San Luis Obispo's mercial area while maintaining its historic Gold Rush economy,transportation,and urban-character.Recog- characteristics. nizing.the importance"of the District,the.General Plan identifies the Santa Barbara Street corridor the main transportation "artery" which links the District with City of:Roseville Downtown. and State Highway 101 as a "special 11ighland.Reserve North Specific Plan design area"and,calls for a plan.to guide renovation Adopted June 1997 and improvement of buildings;streetscape,landscap- ing and public use areas.This plan is intended to guide The Highland Reserve North Specific Plan was development in the District and to implement General prepared for the City of Roseville by Williams and Plan policy for that portion of the special design area Paddon, MacKay and Somps, and wade Associates: encompassed by the District. _ The plan area comprises 615 acres in the northeast 39 The.Planner's Guide to Specific Plans Appendix A Spec*ificl- -an Court Cases TABLE OF CASES This section identifies major specific plan-related litigation.The following brief summaries highlight the • Yost v.Thomas pertinent principles,but are by no means comprehen- • Chandis Securities v.City of Dana Point sive discussions of each case. Our intent.is simply to • Stanislaus Natural Heritage Project, Sierra Club bring these cases to your attention. Readers should v.County of Stahislaus refer to the full text of the cases for in-depth informa- • Mitchell v. County of Orange tion.For advice regarding the applicability of a case to • Anderson v. City of La Mesa specific situations,particularly those cases involving • People v. County of Kern "takings, consult your legal counsel: CASES OF THE CALIFORNIA SUPREME COURT YOST V.THOMAS(1984)36 Cal.3d 561 The Supreme Court reversed.The Court cited the The Park Plaza Corporation filed several applica- established principle that referendum applies only to tions,including a specific plan,to authorize,construc- legislative acis.Since adopting or amending a general tion of a 36 morn hotel an conference center under plan and ezoning are legislative acts,the Court rea- the City.of Santa Barbara's)certified Local Coastal soned that specific plans are'-likewise legislative.The Program (LCP). After the council had approved the Court also concluded that in enacting-the Coastal Act project; a local citizens';group attempted to file a the Legislature had not'intended to eliminate local referendum petition.to reverse the council's action. legislative authority. while the Coastal Commission The petition-was-rejected by city clerk Thomas. The may disapprove an LCP which is inconsistent with City argued that-its.approval was ministerial under the state policy or too weak to effectively implement it,the Coastal Act and not subj ect to referendum.The citizens Commission may not specify the precise content of the group sued and the trial court found for the City, LCP,Furthermore,local governments may choose the , holding that City'.s actions were administrative under means of implementing the Coastal Act and may be the Act and that the powers of initiative and referen- more restrictive of particular development than state dum apply only to legislative actions by a local govern- policies require. ing body. CASES OF THE CALIFORNIA COURT OF APPEAL CHANDIS SECURITIES CO.V.CITY OF The court held that although the city council acted DANA POINT(1997)52 Cal.App.4tn 475 reasonably to approve the project, the electorate 'is The council approved Chandis'general plan amend- empowered to reverse that action, particularly since ment and specific plan for a hotel and 370-unit residen- reversal did.not conflict with the general plan and tial development on the Headlands. Petitions I were maintained the status quo. The court held that the filed forcing a voter referendum on the project and,as restriction on denying a"development project"under a result of voters' denial, the council"s action.was Government Code Section 65589.5 does not apply to reversed. legislative projects. 40 The.Planner's Guide to Specific Plans STANISLAUS NATURAL HERITAGE 571, noting that the adoption of a specific plan is a PROJECT,SIERRA CLUB V.COUNTY OF legislative.act.Therefore,"Judicial review of`[a]ctions STANISLAUS(1996)48 Cal.App.4tb 182 taken by an administrative agency in its legislative In.1993 the.County of,Stanislaus certified an EIR, capacity...is limited to an examination of the proceed- for a proposed specific plan for a 29,500-acre resort ings before the agency to determine whether its action community Jncluding 5,000, residences. Suit: was has been arbitrary or capricious,or entirely lacking in brought contending,among other things;that.the EIR evidentiary support,or whether it has failed to follow was inadequate due to.its failure to adequately discuss the procedure and give the notices required by law.' the environmental.effects of supplying water.to the .[citations]" project. The analysis of water covered the supply This"arbitrary and capricious"test also applies to through the first 5 years of the project., but deferred challenges to a specific plan's conformance to a gen- further analysis of the supply of water to future phases eral plan.Consequently,the court determined that the of development. The county,and other respondents consistency determination rests with Orange County's contended that:"there-is no analysis of the potential board of supervisors and would not be set aside unless impacts of the eventual long-term supply" relying the board acted arbitrarily,capriciously or without an upon the tiering provisions of CEQA.'Tiering allows evidentiary basis. for a more specific EIR incorporating by reference the This case indicates that the "arbitrary and capri- discussion in prior environmental documents allowing cious"test,rather than the"substantial evidence"test, for concentration on- the environmental effects not is the appropriate standard of judicial'review for a analyzed as significant:effects in the prior report. specific plan adoption.The courts apply the"arbitrary The trial court denied the petition ruling in favor of and capricious"`test to determine whether there is a the county and other respondents.The Court of Appeal rational basis, for a legislative act. The burden of reversed the decision'because the approval of the proving unreasonableness falls -on the person who proj ect,did not follow,the fundamental purpose of challenges the local legislature's,action.The burden is .CEQA.being to inform.the public and decision makers heavy since,in general,the".courts presume that legis- of the environmental-consequences.of a project: An lative actions are valid.The:courts apply the substantial EIR must address the.impact:of supplying water in that evidence test to adjudicative acts to determine whether the County must "attempt in good faith to fulfill its they are supported by findings based on substantial obligation under CEQA to provide sufficient meaning- evidence.- Consequently, from a city's or county's ful information regarding the types of activity,.and viewpoint,the latter test is:more rigorous. environmental effects that are reasonably foreseeable (Laurel Heights I supra,47 Cal.ed at p. 399.)." ANDERSON V.CITY.,OF,LA.,MESA(1981),118. Cal.App.3d 657 MITCHELL V:COUNTY OF ORANGE(1985) The city of La McWs.standard zoning ordinances 165 Cal.App.3d 1185 required single-family dwellings to be setback at least During a public hearing on the Forth Tustin five feet from the side lot lines while an applicable Specific Plan, a property owner requested that their specific plan ordinance required ten.:foot setbacks. A land be re-designated for professional office uses.The property owner applied to the city for a building permit Board:of Supervisors adopted the North Tustin Plan, to construct a new house.The proposed placement was but in doing so designated the contested property for to be about seven feet from a side property line in residential rather than office uses. The Board also compliance with zoning,but not the specific plan.The found the plan to be compatible with the general plan. city issued the,permit and the home was built.The city The owner petitioned for a writ of mandate claiming, inspected the house six times during construction; among.other things,that the specific plan was inconsis- however,upon completion,the city refused to issue the tent with the general plan. occupancy permit unless the owner removed that por- The trial court denied the petition and the owner tion of the house within the ten foot setback required by appealed contending that the court should have used the specific plan.Further,the city declined to grant a the substantial evidence test when reviewing a specific variance allowing a side yard setback encroachment. plan's conformance with a general plan. The owner filed a petition for writ of mandate. The court of appeal affirmed the trial court's deci- The superior court determined that the owner had sion,referencing Yost u.Thomas(1984)36 Cal.3d 561, acquired a vested right to the existing building location 41 t The Planner's Guide to Specific Plans because she had relied in good faith on the building In November. of 1973, the California Attorney permit. In addition, the court found no grounds for General filed an action against Kern County and the denial of the variance,but that remodeling would cost developer to prevent the issuance of building permits $6,000.The court also found that the city had abused its and other entitlements for construction and to require discretion and ordered the variance and--occupancy the preparation of an adequate EIR. The trial court permit to be issued. The court of-appeal affirmed the denied a preliminary injunction and the Attorney Gen- judgment. eral appealed seeking a writ of mandamus to compel This case illustrates one of the problems that may the trial court to issue the preliminary injunction.Kern arise if a city or county fails to keep its zoning.ordi- County contended that the developer had acquired a nance consistent with its specific plan. vested right to develop by virtue of the approval of the tentative maps and adoption of the specific plan.It also PEOPLE V.COUNTY OF KERN(1974)39 claimed that the zone change was a ministerial act and Cal.App.3d 830 not subject to CEQA. In May of 1972,Kern County approved tentative The Court of Appeal issued the writ of mandamus. subdivision maps to create 356 lots on 275 acres in It directed the trial court to issue the injunction enjoin- Cuddy_Malley near Los Padres National Forest. The ing Kern County from granting the developer's build- map approvals required the developer to obtain the ing permits and entitlements. Based on state law and county's approval of a specific plan and zone change. county zoning ordinance, the court determined that The county's adoption of the specific plan"...expressly Kern County retained discretion to approve or deny provided that `amendments to the zoning ordinance zone changes.Consequently,the approval ofthe tenta- applicable-to the area shall conform to this specific tive snap and specific plan'were-not the-only approvals plan' in accordance with the tentative maps on file." subject to discretionary.action.The approvals did not The developer submitted.a zone change application commit the county to amend the zoning ordinance and and prepared a draft EIR: The zone change involved as a discretionary project,the rezoning was subject to reclassifying the.site.from light agricultural to estate CEQA in which the final EIR was-inadequate due to the zones.The county circulated the draft EIR to interested lack of response to comments in the Final EIR. public agencies and private groups..The county re- This case indicates that a localgovernment's ceived numerous comments pertaining to the draft approval-of a specific plan'either provides a-vested EIR, some of which raised serious-environmental is- right to develop nor an-automatic zone change entitle- sues. The county approved.the final EIR without re- ment.A government retains its discretion in deciding sponding to conments on the draft. The county also rezoning-application submitted to carry our specific approved the rezoning and thereafter issued a grading plans. permit. 42 r ■ r " The Planner's Guide to Specific Plans Appendix B Selected. S SPECIFIC PLAN STATUTES in the same manner as a general plan,except that a specific (Excerpted From The California Government Code) plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative TITLE 7.Planning and Land Use body. DIVISION 1.Planning and.Zoning (b)A specific plan may be repealed in the same manner as CHAPTER 3.Local Planning it is required to be amended. (repealed and added by Stats:1984, Ch. 1009;Amended Article S.Specific Plans by Stats. 1985, Ch. 1199) Section 65450.Preparation-of specific plans Section 65454.Consistency with the General Plan After the legislative body.has adopted a general plan,the No specific plan nay be adopted or amended unless the planning agency may, or if so directed by the legislative proposed plan or amendment is consistent with the general body,shall,prepare specific plans for the systematic imple- plan. mentation of the general plan for all or part of the area (Added by Stats. 1984,"Ch. 1009) covered by the general plan. (Repealed and added by Stats. 1984. Ch. 1009.) Seed6n' 65455.Zoning,'tentative map,parcel'map,and public works project consistency with specific plans Section 65451.Content of specific plans No public works project may be'approved,.no tentative (a.)A specific plan shall include a text and a diagram or map or parcel 1323p for wdlich a,tentative 1233p was not diagrams which specify all of the following in detail: required may be approved,and no zoning ordinance may.be (1)The distribution,location,and extent of the uses of adopted or amended within.an area covered by a specific land,including open space,within the area covered by the plan unless it is consistent.:with the adopted specific plan. plan. - (Added by Stats. 1984,..Ch. 1009) (2) The proposed.distribution, location, and extent and intensity of major components of public and private trans- Section 65456.Fees and charges portation, sewage, water, drainage, solid waste disposal, (a)The legislative body, after adopting a specific plan, energy,and other essential facilities proposed to be located may impose a specific plan fee upon persons seeking gov- within the area covered by the plan and needed to support the ernmental approvals which are required to be consistent with land uses described in the plan. the specific plan.The fees shall be established so that,in the (3)Standards and criteria by which development will aggregate,they defray but as estimated do not exceed,the proceed,and standards for the conservation,development, cost of preparation, adoption, and administration of the and utilization of natural resources,where applicable. specific plan,including costs incurred pursuant to Division (4)A program of implementation pleasures including 13 (commencing with Section 21000) of.the Public Re- regulations,programs,public works,projects,and financ- sources Code.As nearly as can be estimated,the fee charged ing measures necessary to carry out paragraphs(1),(2), shall be a prorated amount in accordance with the applicant's and(3). relative benefit derived from the specific plan.It is the intent (Repealed and added by Stats. 1984, Ch. 1009; of the Legislature in providing for such fees to charge Amended by Stats. 1985, Ch. 1199) persons who benefit from specific plans for the costs of developing those specific plans which result in savings to Section 65452.Optional subjects them by reducing the cost of documenting environmental The specific plan may address any other subjects which consequences and advocating changed land uses which may in the judgment of the planning agency are necessary or be authorized pursuant to the specific plan. desirable for implementation of the general plan. (b)Notwithstanding Section 60016,a city or county may (Repealed and added by.Stats. 1984, Ch. 1009.} require a person who requests adoption, amendment, or repeal of a specific plan to deposit with the planning agency Section 65453.Adoption/amendment procedure an amount equal to the estimated cost of preparing the plan, (a)A specific plan shall be prepared,adopted,and amended 43 1 The Planner's Guide to Specific,Plans amendment,or-repeal prior to its preparation by the planning implement and is consistent with a specific plan for which an agency. environmental impact report has been certified after January (c) Copies of the documents adopting or amending the 113 1980, is exempt from the requirements of Division 13 specific plan,including the diagrams rams and text shall be made p p g g (commencing with Section 21000)of the Public Resources available to local agencies and shall be made available to the Code. However, if after adoption of the-'specific plan, an general public as follows: event as specified in Section 21166,of the Public Resources (1)Within one working day following the date of adop- Code occurs, the exemption provided by this subdivision tion,the clerk of the legislative body shall make the docu- does not apply unless and until a supplemental environmen- ments adopting or amending the plan, including the dia- tat impact report for the specific plan is prepared and grams and text,available to the public for inspection. certified in accordance with the provisions of Division 13 (2)Within two working days after receipt of a request for (commencing with Section 21000)of the Public Resources a copy of the documents adopting or amending the plan, Code.After a supplemental environmental impact report is including the diagrams and text,accompanied by payment certified,the exemption.specific.in this subdivision applies for the reasonable cost of copying,the clerk shall furnish the, to project undertaken pursuant to the specific plan. requested copy to the person making the request. (b)An action or proceeding alleging that a public agency (d) A city or county may charge a fee for a copy of a has approved a project pursuant to a specific plan without specific plan or amendments to a specific plan in an amount having previously,certified a supplemental environmental that is reasonably related to the cost of providing that impact report for the specific plan,where required by subdi- document. vision(a),shall be commenced within 3.0 days of the public (Added by Stats.1984,Ch.1009;Amended by Stats.198S, agency's decision to carryout or approve the project. ch.338 and Ch.1199;Amended by Stats.1990,Ch,1572) (c)This section does not supersede but provides an alter- native procedure to Section 21080.7 of the Public Resources Section 65457.CEQA Exemption code. (a)Any residential development project, including any (Added by Stats. 1984, Ch. 1009) subdivision,_ or any, zoning change that is undertaken to 44 The.Planner's Guide to Specific Plans Appendix C . Local Specific Plan uidelines - Many local jurisdictions have adopted written specific 3. Local Procedures plan guidelines.These guidelines establish the ground rules a. Enumerates the required submittals(i.e.,legal de- -forpreparingand adopting a specific plan within a particular scription,maps,'application form, environmental jurisdiction.The guidelines are effective at keeping specific assessment information,etc.)and.submittal speci- plans consistent with the local general plan by establishing fications(i.e.,maps sizes,etc.) minimum content requirements and'by specifying a corn- b. Enumerates locally-required studies or reports(i.e., Mon format for all plans that will be'adopted by a commu- economic impact study,market analysis,archeo- nity.They also provide developers with a written summary logical survey,geologic report,etc.) of what a specific plan is and how it is used in that jurisdic- c. Describes the staff review procedure, including tion. pre-filing conference(if applicable)and the initial Guidelines act to facilitate the preparation and adoption staff review of the application of specific plans by standardizing the local procedure for d. Defines the roles of the staff and the developer in evaluating and considering such plans. Standardizing the planning and the related environmental review specific plan,format:through local guidelines also helps (i.e., who does what, how many copies of each planners and other staff members familiarize themselves document must be submitted for review,when does with new plans.This;in turn,reduces the potential for errors staff review the developer's work,etc.) to occur during the administration of the plan. e. Reviews the CEQA/environmental review process The Office,of Planning and Research encourages cities and local CEQA guideline requirements,if any and counties which Will be considering several specific f. Describes the hearing/public meeting process(i.e., plans in the future or that regularly use specific plans to public notice requirements,roles of the planning implement their general plans to adopt their own specific commission, advisory committee, and legislative plan guidelines. The following outline provides one ex- body,'projected number of hearings,etc.) ample of what local guidelines-might contain. g. Enumerates the criteria by which the planning commission and legislative body will evaluate the proposed specific plan" SPECIFIC PLAN GUIDELINES' h. Specifies the required method of plan`adoption (i.e.,by resolution,ordinance,or both) 1. Introduction;what is a Specific Plan? i. Enumerates the required planning and processing a. Explains what specific,plans are and how they are fees used in the'co munity b. Discusses the relationship between specific plans 4. Plan Format and the local.general.-plan"s objectives, policies, a. Presents an outline of how the specific plan i.s to be and implementation measures organized (e.g. the chapters containing policies, c. Enumerates local policies,regulations or programs regulations,and other topics) that directly relate to specific plans b. Establishes standards for the design and content of the plan's diagrams/maps 2. Plan Content c. Establishes standards for the design and size of the a. Reviews the state-mandated issues per §65451, plan and diagrams (i.e., loose Jeaf, bound, type- including projected land uses,infrastructure idea- written,size specifications,etc.) tif.cation,and implementation and financing pro- d. Provides examples of acceptable format grams b. Reviews locally-required issues that must be ad- 5. Application Forms(attachments to the local guidelines) dressed in each specific plan. a. Specific plan application form(contents based on c. Specifies the types of criteria(e!g.,policy state- local needs) ments,regulations),standards,text and diagrams b. Environmental analysis form that must be included in each specific plan c. Related application forms(i.e.,rezoning,subdivi- sion map,etc.) d.List of fees 45 r The.Planner's Guide to Specific Plans Bieblie,ogra Bass,Ronald E.,et al., CEQA Deskbook,2nd ed., Solano Longtin,James,Longtin's California Land Use,2nd ed.and Press,Point Arena, 1999 with 2001 supplement. 1997 Supplement,Local Government Publications,Ber- keley,California, 1987. Airport Land Use Planning Handbook:A Reference and GuideforLocalAgencies,California Department ofTrans- Park;Recreation, Open Space, and Greenway Guidelines, portation,Division of Aeronautics,Sacramento, 1994. 3rd ed.,National Recreation and Park Association,Alex- andria,VA, 1996. Curtin, Daniel J. Jr., Curtin's California Land Use and Planning Law,21 st ed.,Solano Press,Point Arena;2000. .Revitalizing Downtown,National Trust for Historic Preser- vation, 1991. Fulton,William J.,Guide to California Planning,2nd ed., Solano Press,Point Arena, 1999. Remy,Michael H.,et al.,Guide to the California Environ- mental Quality Act,10th Ed.,Solano Press,Point Arena, The California Planner's Book of Lists,Governor's Office 1999. of Planning and Research,Sacramento,2000. General Plan Guidelines, Governor's Office of Planning Internet Sites For Planning Information: and Research;Sacramento, 1998. American Planning Association,APA: A Planners Guide to FinancingPublic Improvements,1997, http://www.planning.org Governor's Office ofPlanning and Research,Sacramento, 1997. American Planning Association,California Chapter: http://www.calapa.org Planning,Zoning,and DevelapmentLaws,2000,Governor's Office of Planning and Research,Sacramento,2000. California Environmental Resources Evaluation..System (CERES),Calif®rnia Resources Agency: Kelly,Eric D.,Selecting and Retaining a Planning Consult http://ceres.ca.gov ant, PAS Report 443, American Planning Association, Chicago,IL, 1993. Land Use Planning Information Network(LUPIN),Califor- nia Resources Agency: Kostka, Stephen L. and Zischke, Michael H., Practice http://ceres.ca.gov/planning/ Under the California Environmental Quality Act, Con- tinuing Education of the Bar,Berkeley, 1996. 46 :w Ij z'3t v�,i.s•f:3'� �` j ; L.K P Z:ktfw u_3 t 14...- <..a5 - U Pr „, ... .... . .. ... .... . .. . .... . .. ... .... . .. ... .... . .. Title 2.5 ZONING Chao-ter•25.28 OVERLAY DISTRICTS ... . .. ... .... . .. . .... : : 25.�28 060:Planned'CommunityOVdelay.-District ... .... .. . .. ... ...A. Purp ose:and:'applicability..The:Planned Community Overlay district-allows for the_ C.ouncll to establish.lar er areas for.coordinated land use ..and master Tannin os'es that ma include multi 'le. g p g'per Y p properties.:Approval of a Development Plan:as outlined in Section 25.72.040 is required:for approval.of a: development in:the Planned Community 0 erlay district.:: :..' ... : :.:.B.... Re quire-me nts,.. ..... ... .....:.... ... .....:.... : . ... .... . 1.: Sate.Area. A minimum of 100 acres.shall:be required for planned.lanned community:development...: ... . .... ... .... . .. ... .... . .. ... .... . .. q.. . -2. Master Plan Required. Any application for a:planned community: overlay z one shall.be-ac c ompanie d by a master:plan for the entire:area:covere y t e'-app:ication. :: : :: ,: :..1'- - Owners'hip..:All-land iri a:proposed overlay zone shall be held-in-one.-ownership or-under.unified control. .... . or.have the written,consent or agre:ement:of all owners of:property proposed for.:inclusion in the overlay zone. ... .... . ... ... .... . .. ... .... . .. ... .... . .. ... .... . .. 4.�: :--Utilities. The existing utilities systems:(water, sewer,:drainage, electrical; gas; and communications: .facilities) shall:be adequate,'or new systems designed:and constructed to:adequately serve the development. :Master plans for.utility systems may b' required along with the application'for the planned community overlay ... .... . .. ... .... . .. ... .... . zone:if determined necessary-.by.the Director. ..':C. Application:-An application:for'an overlay zone shall be'submitted-by'the owner, his or-her:authorized: agent, or the purchas.er.of the land with-the conse.... .nt of the.owner. The.... .. application shall be prepared.by a : . . . .. .... . .. qualified team of professionals and accompanied by-the required application form,:master.plan, submittal.. : ..'materials:, : :other..information as'required by the Director... :.:.D. Pr oc edur.e.: :' : :.:.'. ... .... . .. ... .... . .. ... .... . .. ... .... . .. ... .... . .. ... .... . .. L* Upon receipt of a:complete application for an overlay the Department shall:review the:: ... .. ... .. . .... . ... .... . .. :. application materials'and prepare a recommendation to the:Commission. : 2.:: The:Commission shall hold a public hearing-on.such application. If it*finds-the-criteria set'forth in this . . . . .. chapter have-been met, it may.establish the:overlay=zone subjeet.to:such conditions:as it:deems necessary.: The ... .... . .. ... .... . .. ... .... . .. ... ... . .. ... .... . .. ... .... . .. ... .... . •: C ommis s ion may.�de ny the application.if it-finds any of the criteria have not :e:e n me t, or that pp e: a rova o t e: application:would-be-detrimental to the public peace; he'I*th,--'-afety; or.we are. 3.:- . . Planned community development applications shall be:forwarded along with.the:community ma. r:plan ' to the Council.:The Council shall hold:a public hearing and:either approve, conditionally approve:,:or:deny the community.:master plan. :The decision of the:Council.shall be final:. ....' :-.. ... ::..: E;: Te:r`mination of overlay zone. . ... .... . 1. The ove:rlay.zone and any master plan or other:material approved as apart thereof shall become null and void.if-the physical development of the district-is not c omme commenced d-within two years.from date of adoption:of the.resolution establishing-the,zone. .. ........... ...... 1 . . . 2. An extension:of time, not:t' exceed one year' may be granted by the Commission w .en extenuating ... .... . .. ... .... . .. ... .... . .. ... .... . .. ... .... . .. c ircumstaric e s can be clearly shown by the applicant. The request for an extens for :of time shall be submttae d:to .the.Commission in writing prior to the expiration date:and shall c le ear state the reasons why the physical :development of the.district has not.comm nced and such overlay zone has not been utilized.'.'. : : ... .... ... .... ... .... . .. ... .... . .. 3.:: : :Partial physical:development within the:overlay and/or:master plan is considered:sufficient to:maintain -the-overlay zone designation; and action:by the'Council in the-form,of-a,zoning:ameridmerit,is-required to,a ter, :: :the:boundaries;:master:plan or develo- ment standards. (Ord.-.1259 1 2013 : :... .... . .. .... . .. ... .... . .. ... .... View the mobile version. :.;'Fri .;{l:S.al, Code S}S? :;<rS:�; . Desert 'is•:: r....v:v..; is No FramesNW ✓i Q1iCUO . hv n . ... Title 25 ZONING Cha ter 25.72 DECISIONS BY THE PLANNING COMMISSION 25JI040 Development Plan A. Purpose.. A development plan may be -fled that is-consistent with.an approved master plan in accordance with the Planned Community Overlay described in Section 25.•2&.060. A developl-rient plan may cover all or a portion of a master plan area. No building permit shall be issued for any new building or'structure unless a development plan covering the area within the master plan area has been approved. B. Application requirements. A development plan application shall be submitted on the form provided by the Director and shall contain the.material specified.by the Director and be based on materials provided by the Department. C. Common open space. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or,a combination of the following three methods of administering common open space: 1. Dedication of-common open space'to the City, which is subject to formal acceptanc-e. 2. . Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. 3. Retention of ownership, control, and maintenance of all common open space by the_developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development.plan; appropriate land use restrictions.shall be contained in all deeds.to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the.benefit of present as well as future property owners., and shall contain a prohibition against partition,of common open space. D. Design criteria. The following design criteria are established: 1. The overall plan shall achieve an integrated land and building relationship. .2. Open spaces, pedestrian and vehicular-circulation facilities, parking-facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to`the retention of natural landscape features of the site. 3. The-layout of structures and other facilities shall effect conservation in street and utility improvements. 4. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. E. Procedure for development plan application. 1. Application. The owner, authorized agent, or the.purchaser with the consent of the owner may submit an application for development plan.approval to the community development department. 2. The ARC shall approve a design review application. 3. The Commission shall hold a public hearing and approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such-conditions as it deems necessary.-The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare.The decision of the Commission shall be"final unless appealed to the Council. F. Public hearing and appeal. Public hearing and appeal procedure shall be.governed by Chapter 25.60 (Procedures). G. Application fee. An application for a development plan shall be"accompanied by a filing fee as specified by the City. (Ord.' 1259.§ 1, 2013) :...,:.,::....v:.a..........:::.::..:.:.....:..,:..,M,x,,,Kv�,:.,x,,,,....::..:..:......::.:.::..::................................................,,,:.x:.,.,,:.,,,v....::::::::.......................v::v::::.v......:::::. �...v::.v:N......:�v.�..�....ri...::::m.:::::.tt� .....x..........Y::ry.:,..n.�......:..........n..vn...K.�.:......�.v.�x............mvw...m.............xx.....xK�.nnK....�.r.....h.:::::::.�.:..............:...�.�....v::...... View the mobile version. . � o 25.99.020 Land Use Definitions. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while providing flexibility in.development standards, innovative land uses and developments, and a variety of housing and other development types. o rum„'�+;^ns are to the requirements of the Government Code of the state. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved + ^'%I Specific Plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned-developments may be residential, commercial, or industrial in nature or a combination of any two or more. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved cdov e.,-Ie .=on+ ^'ate Specific Plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved doyo'^r eo- Specific Plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where, required pursuant to this title. The designated approving authority shall hold a- public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan,' 'planned development, m.alsteF plan specific plan, zoning code and/or map amendment, -prezoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public. notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1.* Notice of public hearing shall be published in at-least one newspaper of general circulation in the City. 2. Except as.otherwise provided herein, notice of-the public hearing:shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. 3.- Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5., Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. - In addition to the notice required by this section, the City-may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice_shall include: i. A brief .statement explaining the criteria and standards considered relevant to the decision. :r' ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights.and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a-determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such.notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct-the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing,shall be.,re-noticed. be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced. 3. The commission may grant additional time extensions up to a maximum of three years providing that there has not been adopted any, changes to zoning regulations that would impact said precise plan. L. Amendment to a precise plan. 1. The Commission may grant an amendment to the approved precise plan only after all procedures as set forth in-the original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a precise plan of design. 2. The Director may approve in writing on the approved precise plan minor modifications without the benefit of public hearing when such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan, and so long as the modification would not affect any other condition of approval. 25.72.040O11 Development Plan A. Purpos A development plan may be filed that-is consistent with a pproved master plan in a cordance with the Planned Community Overlay d cribed in Section 25.28.060. A development plan may cover all or a portion of master plan area. No building permit all be issued for any new building or struc a unless a development plan covering the ea within the master plan area has bee approved. B. Application requirem ts. A development plan appl' ation shall be submitted on the form provided by the Dire or and shall contain the terial specified by the Director and be based on materials provi d by the planning d artment. C. Common open space. All com n open sp a shall be preserved for that purpose as shown in the development plan. Th devel er shall choose one or a combination of the following three methods of administers mmon open space: 1. Dedication of common ope spac to the city, which is subject to formal acceptance. 2. - Establishment of an a ociation or nonprofit poration of all property owners or corporations within he project area to ensur perpetual maintenance of all common open sp ce. 3. Retention o wnership, control, and maintenance of all ommon open space by the devel er; all privately owned common open space s all continue as such and s I only be used in accordance with the developme plan; appropriate land se restrictions shall be contained in all deeds to ensure at the common o n space is permanently preserved according to the develop nt plan; said eed restrictions shall run with the land and be for the benefit of pres s well as _future property owners, and shall contain a prohibition against partition of common open space. Chapter 25. 72 Decisions by Planning Commission 72-41 Page �= AN D. Design criteria. The following design criteria are established: 1. The overall plan shall achieve an integrated land and building relationship. 2. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. 3. The layout of structures and other facilities shall effect conservation in street and utility improvements. 4. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. E. Procedure for development plan application. 1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the community development department. 2. The ARC shall approve a design review application. 3. The Commission shall hold a public hearing and approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission shall be final unless appealed to the Council. F. Public hearing and appeal. Public hearing and appeal procedure shall be governed by Chapter 25.60 (Procedures). G. Application fee. An application for a development plan shall be accompanied by a filing fee as specified by the city. 25.72.050 Conditional Use Permit A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B. Application requirements. Application for a conditional use permit shall be filed with the planning department on a form prescribed by the Director and shall include materials as required. 72-51Page Chapter 25. 72 Decisions by Planning Commission