A. Filing and Initial Processing. A draft Specific Plan proposed by a property owner shall be filed with the Division, and shall be accompanied by the fee required by the City Council Fee Resolution. A draft plan proposed by an applicant, or prepared by the City, shall then be processed in the same manner as required for General Plans by State law (Cal. Gov’t Code §§ 65350 et seq.), and as provided by this Section.
B. Division Evaluation. After the receipt of a draft Specific Plan, the Division shall conduct an initial review of the draft Specific Plan, in compliance with § 17.500.025 (Initial Application Review), to determine whether it complies with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant, with a written explanation of why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Division, and the Division determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing.
C. Environmental Review. The draft Specific Plan shall be subject to environmental review in compliance with the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines.
D. Public Hearings. A proposed Specific Plan shall be subject to public hearings before both Commission and Council before its adoption, as follows:
1. Commission. The hearing shall receive public notice and be conducted in compliance with Chapter 17.630 (Public Hearings and Administrative Review). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Subsection 17.570.020.E. (Council) below; and
2. Council. Following the hearing at which the Commission makes a recommendation, a public hearing on the Specific Plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 17.630 (Public Hearings and Administrative Review). After the hearing, the Council may adopt the Specific Plan, may deny the plan, or may adopt the plan with changes, with appropriate findings; provided that any substantial modifications to the plan, which were not considered by the Commission, shall be referred to the Commission for its recommendation, in compliance with State law (Cal. Gov’t Code § 65356). Failure of the Commission to report within the time period set by the Council, shall be deemed a recommendation for the approval of the changes.
E. Conformance with the General Plan. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the objectives, policies, general land uses, and programs of the General Plan and other adopted goals and policies of the City. The Specific Plan shall be adopted by ordinance in compliance with State law (Cal. Gov’t Code § 65453), and shall become effective 30 days following the date the decision is rendered by the Council.
(Ord. No. 2005-007 § 1 (part))