Chapter 18.20
CITY COUNCIL DECISIONS
Sections:
18.20.020 Planned development.
18.20.050 Zoning ordinance/map amendment.
18.20.070 Development agreement.
18.20.080 General plan amendment.
18.20.010 Purpose.
The purpose of this chapter is to establish permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 18.14 (General Application Processing). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.020 Planned development.
A. Purpose and Intent. The application of the conventional regulations can stifle creative planning and design efforts. The planned development entitlement allows for the approval of projects with the (PD) district overlay zoning designation. Planned developments are intended to apply to integrated development as a means of providing opportunities for creative and cohesive design concepts for a range of project types and sizes. The planned development entitlement is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes, and open spaces, while ensuring compliance with, and implementation of, the general plan. Additional objectives include the provision of development consistent with site characteristics, creation of optimum quantity and use of open space, encouragement of good design, and promotion of compatible uses.
B. Applicability. A planned development entitlement (formerly development plan) is required for any proposed development on property zoned planned development (PD) on the city’s zoning map. The approval of a PD district designation on the zoning map is a legislative act which must precede approval of a planned development. For additional information on the zoning map amendment process, see Section 18.20.050 (Zoning ordinance/map amendment).
1. Projects with a land area five acres or greater, or projects with construction square footage of thirty thousand square feet or greater shall be subject to the planned development review process.
C. Planned Development Process. The planned development entitlement (formerly development plan) is decided by the city council at a public hearing, after planning commission consideration and recommendation with a public hearing. Public hearings and notices shall be provided consistent with requirements of Section 18.14.050 (Public hearing and public notice).
1. Planned developments shall be adopted by resolution of the city council.
2. The city council, in accordance with provisions of this title, may approve, conditionally approve, or deny an application for a planned development and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to the general plan, zoning code, and community design guidelines, compatibility with surrounding land and development, and other associated items as determined by the city council.
3. Administrative Amendments. Amendments to an approved development or its conditions of approval may be approved by the planning director, or his or her designee, if he or she determines that the amendments are minor in character and are in substantial compliance with the previously approved plan.
4. Nonadministrative Amendments. If the planning director, or his or her designee, determines that a proposed amendment to an approved development or its conditions of approval would substantially affect the subject land area, or would constitute a substantial change to the approved planned development or its conditions of approval, then the amendment shall be processed and considered for approval in the same manner as the original application.
D. Planned Development Requirements. All applications for planned development shall be submitted on the required city form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
E. Design Objectives. Within the PD proposal, the applicant shall state how the following design objectives will be addressed:
1. The bulk and height of buildings, land coverage, visual appearance from adjacent land, and design compatibility with on- and off-site structures and land uses;
2. The design of structures, to provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area;
3. The provisions of an efficient, direct, and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas; and
4. The integration of off-street parking and loading areas into the overall vehicular circulation system.
F. Other Requirements. The city council may require standards, regulations, limitations, and restrictions which are either more or less restrictive than those specified elsewhere in this code, which are designed to protect and maintain property values and amenities in the community, and which foster and maintain the health, safety, and general welfare of the community, including, without limitation, any of the following:
1. Limitations on height of buildings and structures;
2. Percentage limitations on coverage of land by buildings and structures;
3. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;
4. The location, width, and improvement of vehicular and pedestrian access to various portions of the property, including that within abutting streets;
5. Planting and maintenance of trees, shrubs, plants, and turf in accordance with a landscaping plan;
6. Construction of fences, walls, and lighting;
7. Limitations upon the size, design, number, lighting, and location of signs and advertising structures;
8. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;
9. Location and size of off-street loading areas;
10. Limitations on the use of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke vibration, glare, or radiation incompatible with present or potential development of surrounding property;
11. Architectural design of buildings and structures;
12. Requiring instruments of credit, bonds, or any other form of security which is acceptable to ensure development as approved; and
13. The naming of roads and streets in accordance with city policy. (Ord. 767 (part), 2014; Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.030 Master plan.
A. Purpose. The purpose of a master plan is to allow for the coordinated comprehensive planning of a subarea of the city in order to accomplish any of the following objectives:
1. Protect a unique environmental, historical, architectural, or other significant site feature that cannot be adequately protected by adoption of another land use zone.
2. Allow the development of an exceptional project design that cannot be built under an existing zoning district or due to constraints of existing development standards.
3. Further the implementation of specific goals and policies of the city as provided in the general plan.
4. “Plan ahead” and look beyond the limits of a particular property to solve circulation, drainage, and neighborhood compatibility problems.
5. Provide flexibility for developments beyond conventional zoning regulations to address special or unique needs or characteristics.
B. Applicability. A master plan is required to meet the master planning (planned development) requirements of the general plan.
1. Residential expansion area identified in the general plan.
2. Mixed-use hillside development as identified in the general plan.
3. Other areas as determined by the planning director, planning commission, and/or city council.
C. Master Plan Requirements. Each master plan application shall include the following:
1. Land Use Plan. A land use diagram that clearly identifies the uses allowed in each neighborhood based on the land use designations described in Part I—Land Use Diagrams and Standards. The qualities desired in residential expansion areas shall include, but are not limited to, the following:
a. A mix of housing products and densities serving the broadest range of households, incomes, and ages.
b. A neighborhood center containing higher-density residential development, retail, restaurants, entertainment, office, and public uses within a short walk or bicycle ride of surrounding residences.
c. Parks, schools, and other public/quasi-public uses within a short walk or bicycle ride.
d. A complete and interconnected system of mobility consisting of roadways, bicycle and pedestrian paths, and transit stops.
e. Short blocks with a substantial tree canopy shading the street and sidewalk.
f. Connectivity to surrounding neighborhoods, regional retail centers, and employment.
g. A sense of personal safety.
h. Elements that foster the sustainable use of scarce or nonrenewable resources. Additional qualities as determined appropriate by the city council on a case-by-case basis consistent with the policies and implementation measures of the general plan.
2. Services and Infrastructure Plans. Infrastructure plans for water supply, wastewater collection and treatment, storm water runoff, and circulation shall be required. In addition, the master plan shall describe the provision of necessary facilities, equipment, and staffing for police and fire protection, parks and recreation, and schools.
3. Infrastructure Financing Program. Infrastructure financing program which sets forth the method of revenue generation (e.g., special district, etc.) and the obligations of the project and the city toward the cost of infrastructure necessary to serve the project.
4. Phasing Plan. Phasing plan which describes the following:
a. The boundaries of each phase reflecting a logical order of development.
b. The number of dwelling units in each phase by tenure and target income group, and the acreage and estimated building floor area for each nonresidential land use type.
c. Infrastructure plans for each phase, including water supply, wastewater collection, storm drainage, and circulation, along with the location and acreage designated for other public facilities required for each phase. Such facilities may include, but are not limited to, school sites, police and fire protection facilities, and parks.
D. Review Process.
1. A master plan may be initiated by motion of the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the master plan, or by recommendation of the planning director for any reason beneficial to the city.
2. The designated approving authority for a master plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves or denies the master plan by resolution in accordance with the requirements of this title.
3. Public hearings and notice shall be consistent with the requirements of Section 18.14.050 (Public hearing and public notice).
E. Findings. A master plan shall not be adopted unless the following findings are made:
1. The proposed master plan is consistent with the goals, policies, and objectives of the general plan.
2. The proposed master plan meets the requirements set forth in this title. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.040 Specific plan.
A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city’s general plan on an area-specific basis. The specific plan serves as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section describes the process for adopting and amending specific plans and approving subsequent development under a specific plan.
B. Applicability. The general plan identifies certain new development areas of the city which require a specific plan or master plan (planned development) to implement general plan policies. Specific plans are also encouraged if they will lead to more effective implementation of the general plan.
C. Review Procedure.
1. The designated approving authority for a specific plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves by ordinance or denies the specific plan in accordance with the requirements of this title.
2. Public hearing and notice shall be provided consistent with Section 18.14.050 (Public hearing and public notice).
3. An amendment to specific plan text and map may be initiated by the planning commission or the city council, or may be initiated by the original applicant for the specific plan district or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone.
D. Specific Plan Contents. In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the city’s content requirements for an application:
1. Statement of relationship of the specific plan to the general plan.
2. Policies for development and standards for regulating development within the plan area.
3. The proposed land uses for all areas covered by the plan.
4. The types and configurations of buildings to be included in all developments within the plan area.
5. The location of and types of streets.
6. Public facilities and infrastructure required to serve developments within the specific plan area.
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. Proposed conservation, open space, and/or recreation areas, if any.
9. Any other programs, guidelines, or standards appropriate for the area covered by the specific plan.
E. Environmental Review. The majority of specific plans will require the preparation of an environment impact report (EIR) under the California Environmental Quality Act and Guidelines. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F. Approval Findings. The following findings shall be made prior to the approval of a specific plan:
1. The proposed specific plan is consistent with the goals, policies, and objectives of the general plan, development agreement, or other implementation instrument.
2. The proposed specific plan will not adversely affect surrounding properties. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.050 Zoning ordinance/map amendment.
A. Purpose. The purpose of a zoning code/map amendment is to allow modification to any provisions of this title (including adoption of new regulations or deletion of existing regulations), or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with California Government Code Section 65853.
B. Review Process.
1. A zoning code/map amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the zoning code/map amendment, or by recommendation of the planning director.
2. The designated approving authority for a zoning code/map amendment is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which shall include the reasons for the recommendation and the relationship of the proposal to the general plan and any specific plans. The city council approves by ordinance or denies the zoning code/map amendment in accordance with the requirements of this title.
3. Public hearing and notice shall be provided consistent with Section 18.14.050 (Public hearing and public notice).
C. Findings. Zoning code/map amendments may be approved only when the city council finds the following:
1. The zoning code/map amendment is consistent with the general plan goals, policies, and implementation programs.
2. The zoning code/map amendment is desired by public necessity, convenience, and general welfare.
3. The zoning code/map amendment will result in an orderly planning use of land resources. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.060 Prezoning.
A. Purpose. The purpose of prezoning is to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.
B. Review Process. The method of accomplishing prezoning shall be the same as for zoning amendment as provided in Section 18.20.050 (Zoning ordinance/map amendment). Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-district designation for property outside the city, the zoning map shall be revised to show the potential or “pre-district” classification to become effective upon annexation, and shall identify each district or districts applicable to such property with the label of “PRE-DISTRICT” in addition to such other map designation as may be applicable. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.070 Development agreement.
A. Authority and Purpose. This chapter is adopted pursuant to the provisions of California Government Code Sections 65864 and 65869.5. The purpose of adopting this chapter is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.
B. Applicants. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the property which is proposed to be the subject of the development agreement. The planning director may require an applicant to submit proof of his or her legal or equitable interest in the real property and of the authority of any agent of applicant to act for applicant.
C. Application and Fee. Application and fee shall be provided in accordance with provisions of Section 18.14.020 (Application and fee). At a minimum, the development agreement application shall contain the following information:
1. The property lines for the properties within three hundred feet of the exterior boundary lines of the subject property.
2. A clear indication of the names of all the streets and of the assessor’s parcel numbers of each parcel shown on the map that is the subject of the agreement.
3. The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map.
4. The legal description or other description acceptable to the planning director.
5. The proposed use or uses, density, or intensity of use of the property, the maximum height and size of any proposed buildings, the proposed duration of the agreement, and any proposed reservations or dedications of land for public purposes.
D. Development Agreement Contents.
1. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes.
2. The development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions as well as other discretionary actions taken by the city concurrent with, or applicable to, said project; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions and concurrent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.
3. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
4. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
E. Review Process.
1. The designated approving authority for a development agreement is the city council, which shall hold a public hearing prior to taking action.
2. The planning commission shall hold a public hearing and provide a recommendation.
3. Public hearing and corresponding notice shall be consistent with provisions of Section 18.14.050 (Public hearing and public notice).
4. The city council approves by ordinance or denies the development agreement in accordance with the requirements of this title.
F. Planning Commission Findings. After the public hearing by the planning commission, which may be held in conjunction with other required hearings for the project, the planning commission shall make its recommendation in writing to the council. The recommendation shall include findings on the planning commission’s determination of whether or not the proposed development agreement:
1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan.
2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
3. Is in conformity with the public convenience and general welfare and good land use practices.
4. Will be detrimental to the health, safety, and general welfare.
5. Will adversely affect the orderly development of property or the preservation of property values.
6. Will provide sufficient benefit to the city to justify entering into this agreement.
G. City Council Action. After holding a public hearing, the city council may accept, modify, or disapprove the recommendation of the planning commission. If the city council approves the development agreement, it shall do so by the adoption of an ordinance as required by California Government Code Section 65867.5. After the ordinance approving the development agreement takes effect, the city may enter into and execute the agreement.
H. Initiation of Amendments or Cancellation. Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall be the same as the procedure for entering into the development agreement in the first instance herein (California Government Code Section 65868). However, where the city initiates the proposed amendment or cancellation of the development agreement, the city shall first give at least thirty days’ notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.
I. Recordation of Agreements, Amendments, or Cancellation.
1. Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.
2. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in California Government Code Section 65868, or if the city terminates or modifies the agreement as provided in California Government Code Section 65865.1 for the failure of the application to comply in good faith with the terms or conditions of the agreement, the city clerk shall likewise record notice of such action with the county recorder.
J. Review of Agreements.
1. The planning department shall review the development agreement every twelve months after the date the agreement is entered into, until the project is fully implemented. After full project implementation, the city shall review the development agreement as often and in the manner as may be specified within the terms of each specific development agreement.
2. The planning department shall begin the review proceeding by giving notice to the property owner that the city intends to undertake a periodic review of the development agreement of the property owner. The department shall give the notice at least thirty days in advance at the time at which the matter will be considered by the planning commission and city council.
3. The planning commission and city council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.20.080 General plan amendment.
A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).
B. Review Process.
1. The designated approving authority for general plan amendments is the city council, which shall hold a public hearing prior to taking action.
2. The planning commission shall hold a public hearing and provide a recommendation.
3. Public hearing and corresponding notice shall be consistent with provisions of Section 18.14.050 (Public hearing and public notice).
4. The city council approves by resolution or denies the general plan amendment in accordance with the requirements of this title.
C. Frequency of Amendment. Pursuant to California Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
D. Initiation of Amendment. A general plan amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E. Findings. The city council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan. (Ord. 738 § 1 (Exh. A) (part), 2013).