Chapter 17.47
SPECIFIC PLAN REGULATIONS Amended Ord. 865
Sections:
17.47.010 Authorization and purpose.
17.47.020 City-initiated specific plan.
17.47.030 Application – Procedure.
17.47.050 City Council report.
17.47.060 Specific plan content.
17.47.070 City Council action.
17.47.080 City Council action – Rehearing. Amended Ord. 865
17.47.090 Amendment of specific plan.
17.47.100 Specific plan deed restriction.
17.47.010 Authorization and purpose.
A. The California Government Code provides for the preparation and adoption of specific plans for all or any part of the area covered by the general plan to ensure its systematic implementation. Each specific plan must be consistent with the general plan and under no circumstances shall the specific plan allow land uses more intensive than those described in the general plan for each land use designation.
B. The specific plan is intended to regulate development within the City in accordance with the general plan by allowing the creation of specific development criteria for those properties where development might otherwise be incompatible with surrounding land uses as a result of noise, odor, light, glare, traffic, geology, or soils conditions, aesthetics, building architecture, building scale or other similar reasons. (Ord. 724 § 2, 2011; Ord. 239 § 1, 1987)
17.47.020 City-initiated specific plan.
The City Council may initiate the preparation of a specific plan on property by resolution. (Ord. 724 § 2, 2011)
17.47.030 Application – Procedure.
A. A property owner or his authorized agent, desiring to propose a specific plan, may file with the Development Services Director an application for a specific plan on a form prescribed by the Development Services Director.
B. The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this chapter.
C. Where the City has initiated and prepared a specific plan, a fee may be imposed after its adoption upon persons seeking City approvals which are required to be consistent with the adopted specific plan. (Ord. 724 § 2, 2011; Ord. 239 § 1, 1987)
17.47.040 [Reserved]
(Ord. 724 § 2, 2011; Ord. 239 § 1, 1987)
17.47.050 City Council report.
The Director of Development Services shall prepare the specific plan and a report thereon which shall be submitted to the City Council and to the applicant prior to the public hearing. (Ord. 724 § 2, 2011; Ord. 518, 1999; Ord. 239 § 1, 1987)
17.47.060 Specific plan content.
A. The specific plan may establish a list of specific uses, with definitions pertaining thereto; however, except for the Old Poway specific plan, no use may be included which is not a permitted or conditional use within the applicable land use designation and zone.
B. The specific plan document shall include sufficient text, diagrams and maps identifying land uses, development standards, performance standards, and all special requirements determined to be necessary by the City Council.
C. The specific plan document shall be adopted by resolution or by ordinance by a majority vote of the City Council and, at a minimum, shall include the following information:
1. A legal description of all properties involved, and a map identifying the subject property and all properties within 1,000 feet of the subject property;
2. An analysis of the subject property’s physical characteristics, related planning information and surrounding land uses;
3. An analysis of the existing land use designation and zoning for the subject property;
4. A listing of specific land use and development standards including, but not limited to: building setbacks, parking setbacks, landscaping, lot coverage, building height, noise attenuation measures, lighting, parking, architectural building style, building materials, signage, and public improvements. If appropriate, standards may be established by reference to the Poway Municipal Code;
5. The associated environmental review for the proposed specific plan. (Ord. 724 § 2, 2011; Ord. 567 § 2, 2002; Ord. 314 § 1, 1990; Ord. 239 § 1, 1987)
17.47.070 City Council action.
The City Council shall hold a public hearing on each application for a specific plan. The hearing shall be set and notice given as prescribed below:
A. The City Clerk shall set the time and place of the public hearing required by this chapter; the Council may continue the time or place of a hearing.
B. Notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation published in the City. Notice of the public hearing before the City Council shall be mailed to all persons whose names appear on the latest adopted tax roll of San Diego County as owning property within 500 feet of the exterior boundaries of the property that is the subject of the hearing.
C. If the City Council finds that the specific plan is consistent with the purposes of this chapter, the general plan, and development policies of the City, it shall adopt a resolution or ordinance approving the specific plan.
D. If the City Council finds that the specific plan is not consistent with the purposes of this chapter, the general plan and development policies of the City, it may either deny the application or continue it to allow changes to be made which would cause that specific plan to be consistent. (Ord. 724 § 2, 2011; Ord. 567 § 3, 2002; Ord. 239 § 1, 1987)
17.47.080 City Council action – Rehearing. Amended Ord. 865
The decision of the City Council is final and effective within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC. (Ord. 724 § 2, 2011; Ord. 492 § 8, 1998; Ord. 334 § 25, 1991; Ord. 239 § 1, 1987)
17.47.090 Amendment of specific plan.
An amendment to a specific plan adopted by the City Council may be processed after submittal of an application by the applicant or adoption of a resolution by City Council. Specific plan amendments shall be reviewed and approved in the same manner, either by resolution or ordinance, as the initial application and approval. (Ord. 724 § 2, 2011; Ord. 567 § 4, 2002; Ord. 239 § 1, 1987)
17.47.100 Specific plan deed restriction.
Following the City Council’s approval of a specific plan, a deed restriction indicating that the specific plan approval runs with the subject property shall be recorded. (Ord. 724 § 2, 2011; Ord. 239 § 1, 1987)