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HomeMy WebLinkAbout2040 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: 1 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 2 2040 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 3 2040 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 4 2040 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 5 2040 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; 6 2040 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, 7 2040 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 8 2040 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. 9 2040 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. 10 2040 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. 11 2040 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. 1/1 III III 12 2040 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 13 2040 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 14 2040