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ORDINANCE NO. 2040
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING THE
ARCADIA MUNICIPAL CODE BY ADDING A NEW
DIVISION 6 TO ARTICLE IX, CHAPTER 2, PART 9,
TO INCLUDE PROCEDURES TO ADOPT AND AMEND
SPECIFIC PLANS
WHEREAS, the Legislature has recognized Specific Plans as a planning tool and
pursuant to Government Code Section 65450 authorizes cities to prepare or cause to be
prepared Specific Plans to implement the General Plan; and
WHEREAS, the City of Arcadia, a Charter City, adopts the procedures for adopting
and amending Specific Plans pursuant to its power to make and enforce all laws and
regulations with respect to municipal affairs; and
WHEREAS, the Legislature has recognized that Specific Plans can function as
zoning;and
WHEREAS, Government Code Sections 65300 and 65859 further provide that
unincorporated territory can be preplanned and prezoned in preparation for future
annexation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
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SECTION I. That Article IX, Chapter 2, Part 9 of the Arcadia Municipal Code
is hereby amended by adding a new Division 6 to read as follows:
DIVISION 6.
SPECIFIC PLAN
9296. PURPOSE AND INTENT. Specific Plans are a significant planning tool.
The purpose of this Section is to provide a method for adopting Specific Plans, to provide
adequate development flexibility for innovation in building types, land use mixes, site
design, and development concepts. In addition, it is the purpose of this Section to provide
a method for amending Specific Plans to ensure their continued effectiveness and
responsiveness to market demands over time.
9296.1. AUTHORITY. The City Council is authorized to prepare and adopt
Specific Plans and Specific Plan amendments pursuant to Article II, Section 200 of the
Arcadia City Charter. Nothing in this Section shall be construed as adopting directly or
indirectly those provisions of the Government Code from which the City of Arcadia, a
Charter City is exempt.
9296.1.1. INITIATION OF SPECIFIC PLANS AND AMENDMENTS TO
SPECIFIC PLANS. Adopting a new Specific Plan or amending an existing Specific Plan
may be initiated by any of the following actions:
a. The majority consensus of the City Council; or
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b. An application from a property owner or his/her authorized agent. Ifthe
property for which a Specific Plan or Specific Plan amendment is proposed is in more
than one ownership, all the owners or their authorized agents may join in filing the
application.
If the property for which a Specific Plan or Specific Plan amendment is proposed
is located in unincorporated territory it will serve as prezoning for the property.
Whether initiated by the City or by the owner(s), a proposal and/or the adoption
or amendment of a Specific Plan for unincorporated territory will not constitute any
representation on the part of the City and the City will apply for a sphere of influence
amendment or annexation pursuant to Government Code Sections 56428 and 56453.
9296.2. MINIMUM PARCEL SIZE. This Section shall apply to all sites five (5)
acres or more in size in the City where the City Councilor property owner( s) determines
that because of a project's size, mixed uses, environmental issues, economic issues, or
other factors, a Specific Plan should be considered. A Specific Plan may be prepared for
sites of less than five (5) acres if, based upon the above enumerated factors, the City
Council determines that a Specific Plan should be considered.
9296.3. PREAPPLICA nON PROCEDURE. SUBMITTAL AND REVIEW
REQUIREMENTS. Prior to submitting an application for a Specific Plan, the applicant
shall apply for a preapplication review conference with the Development Services
Director to obtain information before entering into binding commitments incurring
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substantial expense in the preparation of plans, surveys, and other data. Coordination and
preparation of environmental documentation shall be discussed. Such preliminary
consultations shall be similar to a conceptual development plan, which includes, but is not
limited to, the following:
1. Proposed land uses to be developed within the project area;
2. Development concepts to be employed;
3. Schematic plans, illustrative material and narrative sufficient to
describe the general relationships between land uses, and the
intended design character and scale of principal features;
4. A preliminary time schedule for development, including quantitative
data, such as population, building units, land use acreage, and other
data sufficient to illustrate phasing of development and potential
impact on public service requirements; and
5. Preapplication review shall not constitute any representation on the
part of the City that a Specific Plan will be prepared or approved for
the property or that any other application pending or otherwise will
be approved.
9296.4. APPLICATION. FILING. An application for a Specific Plan and Specific
Plan Amendment shall be made in writing in such manner as approved by the Deputy City
Manager/Development Services Director. The Deputy City Manager/Development
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Services Director may provide forms for such purposes and may prescribe the type of
information to be provided thereon. No petition shall be accepted for filing unless it
complies with such requirements.
9296.4.1. SAME. FEE. Before accepting for filing any application under this
Division, the City shall charge and collect a fee which shall be paid in an amount
established by resolution of the City Council.
9296.4.2. INFORMATION REQUIRED. Each application for a Specific Plan and
Specific Plan Amendment shall be accompanied by:
1. An application accompanied by the appropriate fee to amend the
underlying zoning of the area to allow the Specific Plan to serve as the zoning for the site
pursuant to Arcadia Municipal Code Sections 9293.2 and 9293.2.1.
2. Text and a diagram or diagrams specifying all of the following in detail:
a. A statement of the relationship between the Specific Plan and
the City's General Plan;
b. A boundary survey map of the area within the Specific Plan
and a calculation of the gross land area within the proposed
district;
c. A topographic map and, if applicable, a general grading
concept plan for the property and adjacent land within one
hundred (100) feet of the property, shown at contour interval
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and shall not exceed two (2) feet for natural slopes over two
percent (2%) or less. For natural slopes of two percent (2%),
contour interval shall not exceed five (5) feet;
d. Maps and supporting tabulations showing the current General
Plan use designation, the current zoning classification, the
current land use within the proposed area and on adjacent
sites within three hundred (300) feet. The location of
structures and other significant improvements shall be shown;
e. The distribution, location, and extent of the uses of public and
private land, including open space, within the area covered by
the Specific Plan. Projected acreage and population, building
units, employment, and other related planning and
development data should be provided for each use;
f. The proposed distribution, location, and extent and intensity
of major components of public and private transportation,
sewage, water, drainage, solid waste disposal, energy, public
safety (including police and fire services) and other essential
facilities proposed to be located within the area covered by the
Specific Plan and needed to support the land use( s) described
in the plan;
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g. Text setting forth the basic land use regulations site
development regulations, and performance standards and
criteria by which development will proceed, and standards for
the conservation, development, and utilization of natural
resources, where applicable. The text shall include
supplemental illustrations, as required, establishing the basic
community architectural character, environmental character,
and environmental design qualities to be attained throughout
the area and within particular portions of the project area;
h. A program of implementation measures, including
regulations, programs, public works projects and financing
measures necessary to carry out the above paragraphs;
1. Identification of any project phasing, if applicable, and all
major infrastructure. The responsibility of the developer, the
City, and any other agencies shall be discussed in the phasing
section of the document. Any and all agreements that require
City participation, developer contribution, or construction of
facilities shall be discussed; and
J. The Specific Plan shall also address any other subjects that,
III the judgment of the Development Services Director,
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Planning Commission or City Council, are necessary for
implementation of the General Plan.
3. A copy of a preliminary title report dated within the last six (6) months.
9296.4.3. ADDITIONAL INFORMATION REQUIRED BY DEVELOPMENT
SERVICES DIRECTOR. The Development Services Director may require submission
of a competently prepared market analysis for the proposed land uses in the location
requested. The market analysis shall include, but not be limited to the following:
1. Identification of proposed uses in terms of square footage or
dwelling units, as applicable, and the anticipated absorption period;
2. Delineation of trade areas for each proposed use;
3. Within each trade area, an inventory of current competitive supply
and anticipated development of the same use;
4. Identification of all demand factors and project growth in demand
within each trade area;
5. An estimate of net excess demand for each proposed use; and
6. Evaluation of market feasibility of each proposed use in light of trade
area net excess demand.
9296.5. DEVELOPMENT SERVICES DIRECTOR REVIEW. After an
application for a Specific Plan or Specific Plan amendment has been determined to be
complete, the applicant shall submit one (I) reproducible copy and ten (10) copies of the
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document to the Development Services Director. Copies shall be distributed by the
Development Services Director to the relevant City staff departments, and each local
agency with special expertise, along with any environmental documentation. The
application shall be reviewed pursuant to Municipal Code Section 9293.3.
9296.6. PLANNING COMMISSION REVIEW AND RECOMMENDATION.
Public hearings as provided for in this Division shall be held before the Planning
Commission pursuant to Arcadia Municipal Code Section 9293.5. Said public hearings
shall be noticed pursuant to Arcadia Municipal Code Sections 9293.4. and 9293.4.2.
The Planning Commission shall indicate by resolution whether the Specific Plan
or Specific Plan amendment is recommended to the City Council for approval, approval
in modified form, or disapproved pursuant to Municipal Code Section 9293.6. The City
Clerk shall be notified of the Planning Commission recommendation following its
hearing.
9296.7. CITY COUNCIL REVIEW AND ACTION. The City Council, after
receipt of the report and recommendations of the Planning Commission, shall hold a
public hearing to consider the Specific Plan or the Specific Plan amendment.
1. The public hearing before the City Council on the Specific Plan or the
Specific Plan amendment shall be noticed pursuant to Municipal
Code Sections 9293.4 - 9293.4.2.
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2. The City Council may approve, approve with modifications, or
disapprove any proposed Specific Plan or Specific Plan amendment.
Approval of the Specific Plan or Specific Plan amendment shall be
by ordinance.
3. If the City COlmcil approves the Specific Plan with modifications, a
final reproducible Specific Plan document shall be submitted to the
City within thirty (30) days of the first reading of the Ordinance
adopting the Specific Plan.
9296.8. FINDINGS. The City Council may approve a Specific Plan or an
amendment to a Specific Plan only if all of the following findings of fact can be made in
an affirmative manner:
I. The proposed Specific Plan or Specific Plan amendment is consistent
with the General Plan including the goals, objectives, policies, and
action programs of the City's General Plan.
2. The proposed Specific Plan or Specific Plan amendment will not
adversely affect the public health, safety, and welfare or result in an
illogical land use pattern.
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3. The Specific Plan or proposed Specific Plan amendment is a
desirable planning tool to implement the provisions of the City's
General Plan.
4. In the case of a Specific Plan amendment, the following additional
finding shall be made prior to its adoption: The proposed Specific
Plan amendment will not create internal inconsistencies within the
Specific Plan and is consistent with the purpose and intent of the
Specific Plan it is amending.
5. In the case ofa Specific Plan located within unincorporated territory,
the following additional fmding shall be made prior to its adoption:
The Specific Plan is consistent with the planning and prezoning
designation provided for the Specific Plan area or alternatively
functions as prezoning for the unincorporated territory.
9296.9. FREQUENCY OF SPECIFIC PLAN AMENDMENTS. A Specific Plan
may be amended as often as deemed necessary by the City Council.
9296.10. REPEAL OF A SPECIFIC PLAN. A Specific Plan or Specific Plan
amendment may be repealed in the same manner as it is required to be amended.
9296.11. PROJECT CONSISTENCY. Tentative maps, or parcel maps for which
no tentative maps is required, may not be approved unless they are consistent with
applicable Specific Plans.
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SECTION 2. RETROACTIVITY. This Ordinance shall apply to any Specific
Plan or Specific Plan amendment application filed and accepted as complete by the City
of Arcadia on or after January 1, 1995.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact
that one or more provisions may be declared invalid.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of the City within
fifteen (15) days after its adoption.
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Passed, approved and adopted this 3rd day of October ,1995.
ATTEST:
APPROVED AS TO FORM:
l!l:!i ~h' C~~ili'
Mayor of the Ci of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby
certify that the foregoing Ordinance No. 2040 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 3rd day of October, 1995 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Ulrich, Young and Lojeski
NOES: None
ABSENT: None
of Arcadia
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