Chapter 17.49
SPECIFIC PLANS
Sections:
17.49.020 Authority for specific plans.
17.49.040 Other laws, orders and ordinances.
17.49.060 Initiation procedures.
17.49.090 Environmental review.
17.49.100 Consistent with general plan.
17.49.110 Criteria for development.
17.49.010 Purpose.
The purpose of this chapter is to establish uniform procedures for the addition and implementation of specific plans within the city and the unincorporated Escalon planning area. (Ord. 495 § 1, 2005)
17.49.020 Authority for specific plans.
Pursuant to California Government Code Sections 65450 et seq., the city council is authorized to prepare, adopt and implement specific plans for areas within the incorporated city and its general plan planning area upon submission of such application. (Ord. 495 § 1, 2005)
17.49.030 Applicability.
A. Applicants for development of property five acres or larger are required to submit a specific plan and gain approval of said plan prior to annexation to the City of Escalon. Specific plans for development of property less than five acres in size may be required at the discretion of the planning director or planning commission.
B. The specific plan is intended to provide an application tool for use in implementing the general plan on an area-specific basis. A specific plan, prepared in accordance with the requirements set forth herein, is also intended to serve as a policy and/or regulatory document. The specific plan should contain policy direction and project development concepts consistent with the general plan, and development standards and recommended zoning included to address the unique situations within the specific plan area to provide regulatory controls.
C. An additional goal of the specific plan is to help mitigate any potential social, economic and environmental impacts of the annexation below a level of significance, and to permit greater flexibility and consequently, more creative and imaginative designs for development than generally is possible under conventional zoning regulations.
D. For that portion of a property to be developed with residential uses, the specific plan is further intended to promote more economical and efficient use of land proposed for residential use while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural and scenic qualities of open spaces.
E. No building or grading permit, conditional use permit, variance, tentative map, final or parcel map, or any other entitlement shall be granted for any parcel which would be inconsistent with the goals and policies of said specific plan.
F. Property annexed to the city within a specific plan area shall be prezoned in conformance with the specific plan effective upon the effective date of said annexation.
G. As an integral part of the specific plan process set forth in this chapter, applicants shall comply with all infrastructure master plans adopted pursuant to the plan, including but not limited to water, sewer, storm drainage, traffic and circulation, public buildings, parks and open space.
H. In the event there is a discrepancy between standards adopted within a specific plan and comparable zoning regulations, any adopted infrastructure master plans, or development standards, the standards and regulations made part of the specific plan shall prevail. (Ord. 495 § 1, 2005)
17.49.040 Other laws, orders and ordinances.
Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any state laws, orders or requirements affecting such properties or areas. (Ord. 495 § 1, 2005)
17.49.050 Preapplication.
Prior to submitting an application for a specific plan, a prospective applicant should hold preliminary consultations with the planning department to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys, and other data. (Ord. 495 § 1, 2005)
17.49.060 Initiation procedures.
A specific plan shall be initiated by the city council by the adoption of a resolution of intention. Prior to the initiation of a specific plan, the city planner shall determine if the property which is the subject of the application is located within an area designated for urban development as depicted in the plan. If the property is located outside of an area designated for urban development, a specific plan shall not be initiated.
A request for preparation of a specific plan may be made by either private parties or by the city.
A. In the case of a city initiated and prepared specific plan, the resolution containing the necessary findings for council's adoption of said plan shall also contain the city costs related to said preparation and prorated fees charged to affected property owners which shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance. The initiation of a specific plan shall require preparation of a staff report to the city council addressing the following items:
1. A description of the proposed project.
2. A brief justification for the use of the specific plan process.
3. A vicinity map, drawn to scale, showing the proposed specific plan area and areas within one mile of the property.
4. A location map, drawn to scale, showing the property and exterior property lines within 500 feet of the subject property.
5. The existing homes, addresses and assessor's parcel numbers for the properties shown on the location map, listed from the latest assessor's roll.
6. The existing land use and planned land use, general plan designations and zoning designations.
7. A statement of relationship of the specific plan with the general plan.
8. Any additional information required by the city planner to show the need or desirability to utilize the specific plan process.
B. Private parties wishing to use a specific plan to implement the general plan shall petition the city requesting permission to prepare a specific plan for their project. The petitioner shall file a “Request to Prepare a Specific Plan” with the city planner in a form as required by the city, and shall pay all required fees. The application fee shall be the same as that for an application for a conditional use permit. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the specific plan area. Costs related to said preparation and prorated fees charged to affected property owners shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance. (Ord. 495 § 1, 2005)
17.49.070 Application.
A. Applications submitted by private parties shall contain a map clearly illustrating the following:
1. The boundaries and dimensions of the property.
2. Type and location of existing and proposed buildings and structures.
3. Tabulation of land area to be covered by buildings and structures.
4. Proposed lot pattern.
5. Conceptual architectural elevations, floor plans and plotting of proposed structures on individual lots.
6. Vehicular and pedestrian circulation pattern.
7. Location and number of off-street parking spaces.
8. Height, type and location of proposed walls and fences.
9. Location and use of open space.
10. Conceptual landscaping plan showing the location, type and size of all planting materials.
11. Type and location of all required infrastructure improvements, including stormwater drainage, water, sewer and how they tie-in with the city's master facility plans.
B. In addition, the application shall contain the following textual information:
1. A statement covering the general characteristics of the development.
2. Dwelling unit density and other design and development criteria and standards, including setbacks, building mass and form, architectural and landscape standards.
3. A schedule and sequence of development if project is to be accomplished in phases.
4. The proposed means for assuring continuing existence of all implementation measures of the plan.
5. Maintenance and operation of the various public elements and facilities.
6. A fiscal analysis showing how the specific plan area can be at least fiscally neutral, thereby not imposing a burden upon the city's capital and operating budget.
7. Development standards to be utilized in the plan area, including but not limited to permitted uses, setbacks, height limitations, accessory structures, off-street parking and signs.
8. A preliminary soils report.
9. A complete legal description of the entire proposed development.
10. Such additional information as may be required to permit a complete analysis and appraisal of the planned development. (Ord. 495 § 1, 2005)
17.49.080 Review procedures.
A. Specific plans or specific plan amendments shall be reviewed using the public hearing review process established for amendments as provided for in Chapter 17.60 EMC.
B. Planning Commission. At the conclusion of the public hearing, the planning commission shall recommend by resolution the approval/denial of the application by the city council.
C. City Council. The city council shall hold a public hearing to review the planning commission recommendation and shall be the deciding body. If the council determines to make any changes or addition to the specific plan, it shall return the matter to the planning commission for its report thereon. (Ord. 495 § 1, 2005)
17.49.090 Environmental review.
A. The city planner shall review the application and request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). The city planner will determine the form of environmental review.
B. If an EIR is required, upon certification of the EIR, no further EIR or negative declaration need be filed for any project which is undertaken pursuant to and in conformity with the adopted specific plan for which the EIR has been certified.
C. An amendment to the specific plan's proposed uses or environmental impacts not adequately addressed by the certified EIR will require an environmental assessment, which may necessitate a supplemental EIR. Such supplemental EIR shall be processed along with the amended specific plan as provided in this chapter. (Ord. 495 § 1, 2005)
17.49.100 Consistent with general plan.
A specific plan or specific plan amendment shall be consistent with the general plan. (Ord. 495 § 1, 2005)
17.49.110 Criteria for development.
General design standards for the development of properties included within a specific plan shall be included in the resolution of approval adopted by the deciding body. (Ord. 495 § 1, 2005)
17.49.120 Approval.
The approval of a specific plan or specific plan amendment shall be done by adoption of a resolution by the city council. (Ord. 495 § 1, 2005)