Chapter 13-49 — Specific Plans

The purpose of the specific plans Chapter is to:

1. Provide for detailed planning of a specific area consisting of single or multiple ownerships in a manner that implements the General Plan.

2. Provide a planning process for areas that may be annexed.

3. Establish a process for preparing and adopting specific plans in conformance with State requirements under Section 65450 et seq. of the Government Code. [Ord. 515 § 2, 2018; ZO § 49.100.]

The Community Development Director shall initiate the preparation of a specific plan either upon direction of the City Council or upon request of the landowner if such request is approved by the City Council.

1. The Community Development Director may impose a specific plan fee upon persons seeking development approvals that are required to be consistent with an adopted specific plan. The fees shall be established so that, in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the specific plan, including costs incurred for environmental documentation as per Section 21000 et seq. of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated in accordance with the applicant’s relative benefit derived from the specific plan.

2. The Community Development Director may require a person who requests adoption, amendment, or repeal of a specific plan to deposit with the planning agency an amount equal to the estimated cost of preparing the plan, amendment, or repeal prior to its preparation by the planning agency. [Ord. 515 § 2, 2018; ZO § 49.200.]

A specific plan shall include text and a diagram or diagrams which specify all of the following in detail as per Sections 65451 and 65452 of the Government Code.

1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (1), (2) and (3) of this Section.

5. The specific plan shall include a statement of the relationship of the specific plan to the General Plan.

6. The specific plan may address any other subjects which in the judgment of the Community Development Director are necessary or desirable for implementation of the General Plan. [Ord. 515 § 2, 2018; ZO § 49.300.]

A specific plan shall be reviewed and adopted in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance. No specific plan may be adopted unless the proposed plan is consistent with the General Plan. The procedures for hearings and appeals are as per Chapter 1344, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 49.400.]

The City Council may adopt or amend a specific plan only if the following finding is made:

1. The proposed specific plan text and diagrams implement and is consistent with the General Plan. [Ord. 515 § 2, 2018; ZO § 49.500.]

A specific plan shall be amended in the same manner as a general plan, except that a specific plan amendment may be adopted by resolution or by ordinance consistent with the manner of adoption of the specific plan and may be amended as often as deemed necessary by the legislative body. No specific plan may be amended unless the proposed plan amendment is consistent with the General Plan.

A specific plan may be repealed in the same manner as it is required to be amended. [Ord. 515 § 2, 2018; ZO § 49.600.]

No local public works project, tentative map, parcel map, other development entitlement may be approved, adopted or amended within an area covered by a specific plan unless it is consistent with the adopted specific plan. [Ord. 515 § 2, 2018; ZO § 49.700.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b