Oakdale Municipal Code § 36-21 Specific Plans

[1]

Editor's Note: Former § 36-21, Variances, previously codified herein was repealed by Ordinance No. 988.

[Ord. No. 1032, § 1, 1995.]

Pursuant to California Government Code Sections 65450 et seq., the City Council is authorized to prepare or to cause to have prepared, adopt and implement Specific Plans for future development within the General Plan "2015 Study Area."

[Ord. No. 1032, § 1, 1995.]

It is the intent and purpose of this section to establish uniform procedures for the adoption and implementation of Specific Plans and in so doing, enable the coordination of future development within the City and the unincorporated Oakdale "2015 Study Area." The purpose of the Specific Plan is to provide an application tool for use in implementing the General Plan, on an area-specific basis and to facilitate annexations pursuant to the Stanislaus County Local Area Formation Commission (LAFCO). A Specific Plan prepared in accordance with the requirements set forth herein, is intended to serve as a regulatory document with project development guidelines consistent with the General Plan, and development design standards and zoning included to address the unique situation within the Specific Plan area and provide regulatory controls.

[Ord. No. 1032, § 1, 1995.]

A. A Specific Plan shall be prepared and processed in compliance with provisions of State law and this section for the orderly implementation of the City of Oakdale General Plan.

B. The provisions of this section shall apply to all identified planning areas which are consistent with the boundaries of the General Plan "2015 Study Area."

C. 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 identified within a Specific Plan, which would be inconsistent with the goals and policies of this section.

D. The provisions of this section shall not apply to any valid tentative map, conditional use permit or any entitlement approved or in effect prior to the effective date of City Council adoption of a Specific Plan.

[Ord. No. 1032, § 1, 1995.]

A. Each Specific Plan may either supplement or supersede all land use regulations applicable to the subject property including all previously adopted ordinances, standards and guidelines. The Specific Plan may supplement or supersede land use regulations to the extent as deemed to be necessary for the orderly and systematic implementation of the General Plan.

B. Each Specific Plan shall be identified as a Specific Plan Zone District, and shall include such standards and criteria necessary to provide the methods and procedures and the specific land uses and development standards necessary for the development, maintenance, and use of the subject real property in compliance with the policies and programs of the General Plan. Each Specific Plan shall specify clearly how and to what extent such plan is to supplement or supersede any adopted ordinances, regulations and standards of the City which are applicable.

[Ord. No. 1032, § 1, 1995.]

For the purpose of this chapter the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the City Zoning Ordinance.

A. ANNEXATION PLANNING AREA — The adopted planning areas making up the "2015 Study Area", whose areas are defined by their similarities in developmental issues.

B. DIRECTOR — The Community Development Director for the City or his/her designated representative.

C. GENERAL PLAN — The General Plan of the City and any amendments thereto.

D. LAND USE — An existing or proposed use of property.

E. SPECIFIC PLAN — A report consisting of text, maps, and other documents and exhibits regulating development within a specified area of the City and/or General Plan planning area and prepared and adopted pursuant to the provisions of the California Government Code, the General Plan and this section.

F. SP ZONE DISTRICT — The zoning classification applied to all lands within an adopted Specific Plan.

G. 2015 STUDY AREA — The extent of the Oakdale planning area as identified within the Oakdale General Plan, adopted January 1994.

[Ord. No. 1032, § 1, 1995.]

A. In the case in which the City desires to initiate and prepare a Specific Plan, the City Council shall adopt a Resolution of Intention. Said Resolution shall contain the necessary findings for adoption of said plan and shall also contain the City costs related to the preparation and prorated fees charges 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.

B. Private parties wishing to use a Specific Plan shall petition the City requesting permission to file a "Request for Specific Plan Process" with the Community Development Department, and shall pay all required fees. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the Specific Plan area.

C. A Request for Specific Plan Process shall include:

1. A description of the proposed project;

2. A vicinity map, drawn to scale, showing the proposed Specific Plan area, relationship to the City's Sphere of Influence, and areas within one (1) mile of the property;

3. A location map, drawn to scale, showing the planning area and all exterior property lines within three hundred (300) feet of the subject area;

4. The existing homes, addresses and assessor parcel numbers for the properties shown on the location map, listed from the latest assessor's roll;

5. The existing land use and proposed land use (General Plan and Zoning) designations, and densities, for the properties shown on the map;

6. A statement of relationship of the proposed Specific Plan with the General Plan;

7. A statement of relationship of the proposed Specific Plan area with the adopted Annexation Planning Areas.

[Ord. No. 1032, § 1, 1995.]

Upon receipt of the petition for Specific Plan process, the Community Development Department shall schedule a Pre-initiation meeting with the petitioner within thirty (30) days to review the Specific Plan petition. Upon review of the petition, the Director has the discretion to propose modifications to the proposed Specific Plan and scope of the project in order to facilitate comprehensive planning.

[Ord. No. 1032, § 1, 1995.]

The Director shall review the petition and may request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). All efforts shall be made to utilize existing information contained in the City's General Plan Environmental Impact Report (EIR). If an Environmental Impact Report (EIR) is required, upon certification of the EIR, no further EIR or Negative Declaration (pursuant to the California Public Resources Code Sections 21000 et seq.) 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. An amendment to the Specific Plan, proposed uses or environmental impacts not adequately addressed by the certified EIR or other CEQA compliance document, will require an environmental assessment which may necessitate a Supplemental EIR or other appropriate documentation. Such Supplemental EIR or other appropriate CEQA document shall be processed along with the amended Specific Plan as provided in this section.

[Ord. No. 1032, § 1, 1995.]

A. Persons seeking Specific Plan approval shall submit a formal application which shall be accompanied by a draft Specific Plan document. California Government Code Section 65451 specifies the minimum contents required for processing Specific Plan applications. The section also provides for optional contents to address other subjects, which in the judgement of the City, are necessary or desirable for the implementation of the General Plan. A Specific Plan shall include a text and a diagram or diagrams which specify all of the following information. The Community Development Department provides a listing outlining Specific Plan submittal requirements, which will be utilized in reviewing Specific Plans.

1. The distribution, location, extent and intensity of land use including open space, within the area covered by the Specific Plan;

2. The proposed distribution, location, extent, and intensity of major public facility and service components such as public and private transportation, schools, parks, open space, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the Specific Plan which are consistent with adopted infrastructure master plans;

3. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the Specific Plan;

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

5. The implementation of all applicable provisions contained in each element of the General Plan (e.g. open space, circulation, etc.);

6. The identification of proposed changes, deviations and/or modifications to adopted City standards;

7. Such other information as is deemed necessary by the City to assure that the proposed Specific Plan is consistent with the provision of State laws, the General Plan and any other laws and regulations of the City and all other local agencies.

[Ord. No. 1032, § 1, 1995.]

The Specific Plan may be required to be accompanied by supporting documentation deemed necessary for the processing of the Specific Plan. Supporting documentation may include, but is not limited to, a financial analysis as required by State Law, to a level of specificity as required by LAFCO.

[Ord. No. 1032, § 1, 1995; Ord. No. 1073, § 1.]

A. The City Council may establish as a part of the resolution authorizing the acceptance and processing of a Specific Plan, a fee or fees to be applied to a Specific Plan area in order to reimburse the City for the costs of preparation, processing or implementation of the Specific Plan. If a Specific Plan is initiated and prepared by the City, actual costs of said Plan shall be assessed based on relative benefits to the affected property owners. Notwithstanding the foregoing, no fee shall be established by the City in violation of the Contributor Agreements entered into by the City in 1991 as part of the City Council's Resolution No. 91-61.

B. Application fees for the review and preparation of Specific Plans shall be set forth by a resolution of the City Council as provided by Section 65456 of the California Government Code which allows fees to be charged in order to recover the costs incurred to review the applications, as well as prepare, review, and comment on the Specific Plan proposal and corresponding documents. This shall include, but not be limited to, staff time including consultants costs and environmental review, and may be revised from time to time as deemed necessary.

C. Where a Specific Plan is prepared and funded by less than one hundred percent (100%) of the property owners covered by the Plan, the preparers of the Specific Plan shall be entitled to reimbursement for all benefiting property owners. The property owners funding the Specific Plan shall submit information to the City Council regarding expenses incurred in the preparation of the Specific Plan. The City Council, either concurrently with, or subsequent to, the adoption of the Specific Plan shall make a determination of allowed reimbursable expenses and shall enter into a reimbursement agreement with the property owners in a form approved by the City Attorney.

[Ord. No. 1032, § 1, 1995.]

A. The Planning Commission and City Council shall hold separate and independent public hearings on the proposed adoption or amendment of a Specific Plan.

B. The Planning Commission shall review all proposed Specific Plans or amendments thereto, and shall act by resolution to adopt, reject, or modify the proposed Specific Plan and forward its recommendation and findings to the City Council for action.

C. The City Council shall review the Planning Commission's findings and recommendations and shall act by ordinance to adopt, reject, or modify said Specific Plan or proposed amendment.

D. If the City Council, prior to approval of the Specific Plan, desires changes or modifies a major or significant portion of a proposed Specific Plan recommended by the Planning Commission, then such substantial changes and/or modifications must first be referred back to the Planning Commission for consideration, unless the Planning Commission considered similar changes and/or modifications as part of its deliberation.

E. Prior to approving or conditionally approving any Specific Plan or amendment thereto, the following findings shall be made by the Planning Commission and City Council that the Specific Plan:

1. Is consistent with the goals and policies of the General Plan and with the purposes, standards, and land use guidelines therein;

2. Will help to achieve a balanced community by providing a mix of housing for a wide range of residents in the City of Oakdale;

3. Results in development which will be compatible with existing and proposed development in the surrounding neighborhood;

4. Contributes to a balance of land uses so that local residents may work and shop in the City of Oakdale;

5. Respects environmental and aesthetic resources consistent with economic realities; and,

6. Ensures and provision of all necessary public services and facilities, financial arrangements, and implementation.

[Ord. No. 1032, § 1, 1995.]

A. Adoption of a Specific Plan will signify adoption of the SP Zone District, however, an SP Zone District shall only become effective upon the actual date of annexation.

B. SP Zone Districts shall be numbered, the first SP Zone District adopted being identified as "SP-1", and with each subsequent zone numbered successively.

C. The City of Oakdale Zoning Map shall be amended to reference all adopted and effective SP Zone Districts.

[Ord. No. 1032, § 1, 1995.]

Prior to development occurring or issuance of building permits within an adopted Specific Plan area, the proposed development shall be determined to be in substantial conformance with the Specific Plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

A. Conformance with the land use designation;

B. Conformance with the specific development standards, goals and policies of the Specific Plan;

C. Conformance with the intended density of the site.

[Ord. No. 1032, § 1, 1995.]

Each Specific Plan shall specify the revision procedures and define what types of modifications qualify as a revision (as noted in a checklist of examples for major and minor modifications, and adopted by City Council resolution).