Article 8. Specific Plans of California Government Code >> Division 1. >> Title 7. >> Chapter 3. >> Article 8.
After the legislative body has adopted a general plan, the
planning agency may, or if so directed by the legislative body,
shall, prepare specific plans for the systematic implementation of
the general plan for all or part of the area covered by the general
plan.
(a) A specific plan shall include a text and a diagram or
diagrams which specify all of the following in detail:
(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 paragraphs (1), (2), and (3).
(b) The specific plan shall include a statement of the
relationship of the specific plan to the general plan.
The specific plan may address any other subjects which in
the judgment of the planning agency are necessary or desirable for
implementation of the general plan.
(a) A specific plan shall be prepared, adopted, and amended
in the same manner as a general plan, except that a specific plan may
be adopted by resolution or by ordinance and may be amended as often
as deemed necessary by the legislative body.
(b) A specific plan may be repealed in the same manner as it is
required to be amended.
No specific plan may be adopted or amended unless the
proposed plan or amendment is consistent with the general plan.
No local public works project may be approved, no tentative
map or parcel map for which a tentative map was not required may be
approved, and no zoning ordinance may be adopted or amended within an
area covered by a specific plan unless it is consistent with the
adopted specific plan.
(a) The legislative body, after adopting a specific plan,
may impose a specific plan fee upon persons seeking governmental
approvals which are required to be consistent with the 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
pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code. As nearly as can be estimated, the fee charged shall
be a prorated amount in accordance with the applicant's relative
benefit derived from the specific plan. It is the intent of the
Legislature in providing for such fees to charge persons who benefit
from specific plans for the costs of developing those specific plans
which result in savings to them by reducing the cost of documenting
environmental consequences and advocating changed land uses which may
be authorized pursuant to the specific plan.
(b) Notwithstanding Section 66016, a city or county 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.
(c) Copies of the documents adopting or amending the specific
plan, including the diagrams and text, shall be made available to
local agencies, and shall be made available to the general public as
follows:
(1) Within one working day following the date of adoption, the
clerk of the legislative body shall make the documents adopting or
amending the plan, including the diagrams and text, available to the
public for inspection.
(2) Within two working days after receipt of a request for a copy
of the documents adopting or amending the plan, including the
diagrams and text, accompanied by payment for the reasonable cost of
copying, the clerk shall furnish the requested copy to the person
making the request.
(d) A city or county may charge a fee for a copy of a specific
plan or amendments to a specific plan in an amount that is reasonably
related to the cost of providing that document.
(a) Any residential development project, including any
subdivision, or any zoning change that is undertaken to implement and
is consistent with a specific plan for which an environmental impact
report has been certified after January 1, 1980, is exempt from the
requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code. However, if after adoption of the specific
plan, an event as specified in Section 21166 of the Public Resources
Code occurs, the exemption provided by this subdivision does not
apply unless and until a supplemental environmental impact report for
the specific plan is prepared and certified in accordance with the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code. After a supplemental environmental impact
report is certified, the exemption specified in this subdivision
applies to projects undertaken pursuant to the specific plan.
(b) An action or proceeding alleging that a public agency has
approved a project pursuant to a specific plan without having
previously certified a supplemental environmental impact report for
the specific plan, where required by subdivision (a), shall be
commenced within 30 days of the public agency's decision to carry out
or approve the project.