CHAPTER IV IMPLEMENTATION

Transcription

1 CHAPTER IV IMPLEMENTATION

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3 Chapter Outline IV. Implementation Page A. Public Works Projects/Public Infrastructure IV-1 1. Facilities Master Plan Overview IV-1 2. Facilities Master Plan Service Standards IV-1 3. Facilities Master Plan Infrastructure Categories IV-2 4. Facilities Master Plan Infrastructure Phasing IV-2 B. Public Facilities Financing Measures IV-3 1. Public Facilities Financing Plan Overview IV-3 2. Public Facilities Financing Plan Facility Funding Methods IV-3 3. Public Facilities Financing Plan Policies IV-5 4. Long Term Facilities Management IV-9 C. Development Review Process IV Overview IV Precise Plan and Rezoning Required IV Precise Plan Defined IV Precise Plan Minimum Contents IV Precise Plan Preparation and Review Procedures IV Precise Plan Adoption Procedures/Findings IV Precise Plan - Administration IV-16 D. Subsequent Development Review Procedures IV Overview IV Final Development Plan Required IV Subdivision Process IV-17

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5 Chapter IV Implementation This Chapter responds to the requirements of Section 65451(a)(4) of the Government Code by providing public works projects, financing measures, and development review programs necessary to implement the requirements of Chapter I-III. A. Public Works Projects/Public Infrastructure 1. Facilities Master Plan Overview Development of the public infrastructure and facilities required to support Village One will occur in a variety of ways and methods. The general requirements for infrastructure and facilities, and the general methods of funding, are described in Sections IV-A and IV-B. Prior to approval of any development plans a detailed Facilities Master Plan shall be prepared and adopted by the City Council, consistent with, but separately from the Specific Plan. Implementation of the Facilities Master Plan can be assured by inclusion of provisions in development approvals and/or development agreements that require adherence to the plan. The engineering design for the water, sewer, and storm drainage facilities, and the precise alignments of the major streets and roads, is necessary to allow for the preparation of the Precise Plans for each residential area, the Village Center, and the Business Park. This work shall be of sufficient detail to serve as the basis for financial cost estimates. 2. Facilities Master Plan Service Standards Village One will conform to all existing City-wide standards expressed in the General Plan except for standards set exclusively for Village One in the Specific Plan. Projects developed in Village One will pay all required fees and taxes established by City-wide ordinances for infrastructure and public facilities. The Specific Plan for Village One sets new standards for road design and park development compared with City-wide development standards for the City of Modesto. The increased cost of implementing these standards will be a cost borne by the property owners of new developments within Village One. Facilities with enhanced service standards in Village One include: a) Streets b) Parks Right-of-way widths, median requirements, and landscaping requirements in setbacks have been increased or enhanced above present standards. Linear recreational trails along Briggsmore Avenue and Claus Road provide recreational features in addition to the neighborhood parks and IV - 1

6 community park that meet the City s General Plan standard for parks and trails. 3. Facilities Master Plan Infrastructure Categories The general requirements for infrastructure and facilities, and the general methods of funding, are described in the following paragraphs. The infrastructure and public facilities required to serve Village One can be grouped into three categories: a) Backbone Infrastructure This group includes expressways, expressway interchanges, arterial streets, sanitary sewer trunk system, water delivery system, and the storm drainage system. b) Community Facilities This group includes parks, schools, and fire facilities. c) In-Tract Subdivision Infrastructure This group includes connector streets and residential streets, sewer, water, storm drainage, setback landscaping and street trees. Backbone infrastructure items and community facilities serve all land uses within the project area and are primarily funded through a combination of Community Facilities District taxes, Capital Facilities Fees, Sewer and Water fees and developer exactions. In-tract subdivision infrastructure benefits only a specific development and the costs are borne by only the benefiting properties within that development. In recent years, public agencies have been severely restricted in their ability to fund infrastructure to serve new development. New development within Village One is being required to fully fund not only the in-tract improvements that serve the project, but also the costs of the backbone infrastructure. 4. Facilities Master Plan Infrastructure Phasing a) An infrastructure Sequencing Program shall be prepared as part of the Facilities Master Plan and the Village One Infrastructure Financing Plan, that will allow orderly development throughout the Specific Plan area. This sequencing program is contained in the adopted Village One Infrastructure Financing Plan as the prioritization of street and storm drain projects. All funding for the construction of public improvements within Village One, including any reimbursements for infrastructure installed out of sequence, shall be made available only in accordance with the policies and procedures of the adopted Village One Infrastructure Financing Plan. IV - 2

7 B. Public Facilities Financing Measures The sequencing program may, at the discretion of the Engineering and Transportation Director, permit temporary solutions to drainage problems, such as temporary retention basins, for certain areas to allow development prior to the completion of the full drainage system serving the area. 1. Village One Infrastructure Financing Plan Overview The Village One Specific Plan process is a new approach to the design and implementation of development projects for the City of Modesto. In the past, the City approved residential neighborhood developments, which conformed to citywide development standards and funded the development costs of necessary infrastructure. These developments were not required to fund the full burden of the impacts the projects placed on the City in terms of the Citywide circulation system, public parks, and police and fire facilities. As a result of these prior development patterns, the City is now faced with costly deficiencies in much of its public infrastructure and services. The comprehensive planning process for Village One, as set forth in the 1989 City Council revised Urban Growth Policy, calls for the preparation of a Financing Plan that identifies all infrastructure costs and requires development to pay its own way. The preparation of a Financing Plan is designed to provide a framework for orderly development, attainment of standards, and mitigation of adverse environmental and financial impacts. The Financing Plan for Village One is complicated due to the large number of parcels and ownership s within the Specific Plan area. There is great diversity of opinion as to whether or not owners want to develop their property or maintain it in its current use for an indefinite period. The timing of developments is unknown for those property owners who wish to develop in accordance with the permitted land uses within the Village One Specific Plan. This uncertainty means that the financing plan and the infrastructure sequencing program must be flexible. 2. Village One Infrastructure Financing Plan Facility Funding Methods The Village One Infrastructure Facility Financing Plan will determine the appropriate mix of Facility funding methods, based upon the facilities listed below: a) Expressway System The expressway system will be funded primarily by the City of Modesto s Capital Facilities Fee Program (CFF). Briggsmore Avenue and Claus Road are planned expressways including planned Claus/Briggsmore interchange. All development will be charged Capital Facilities Fees at the time building permits are issued. The traffic portion of this fee is divided between the expressway system and arterial streets, traffic signals, air quality mitigation, and transit. IV - 3

8 b) Arterial Streets Arterial streets within the Specific Plan area include Oakdale road, Sylvan Avenue, Roselle Avenue and Floyd Avenue. Construction and landscape maintenance of the arterial streets will be funded primarily by one or more Community Facilities Districts (CFD s), but other funding sources may be utilized, as specified in the Village One Infrastructure Financing Plan. c) Local Connector Streets and Residential Streets Construction of local connector streets and residential streets will be the responsibility of developers within each Precise Plan. Landscape maintenance on connector streets within public rights-of-way may be funded by a property owners association or CFD s, or other funding sources as specified in the Village One Infrastructure Financing Plan. d) Police and Fire Facilities Police and Fire facilities will be funded primarily through the City of Modesto s Capital Facilities Fee Program, one or more CFD s, or other funding sources as specified in the Village One Infrastructure Financing Plan. e) Schools Development within the Specific Plan area will be required to mitigate the impact on the elementary, middle, and high schools. The schools will be funded through a combination of development fees, local general obligation bonds, the State School Building Program, and one or more CFD s. A pedestrian overcrossing for the high school at Sylvan Avenue and Millbrook Avenue will be a shared responsibility between the City and Modesto City School District, or other funding source as specified in the Village One Infrastructure Financing Plan. f) Pedestrian Paths and Trails g) Parks All pedestrian paths and trails within public street rights-of-way and public open space areas will be publicly owned and maintained. Pedestrian paths along public streets will be constructed in conjunction with the installation of these streets. Landscape maintenance within the public rights-of-way will be funded through one or more CFD s or property owners associations, or other funding sources as specified in the Village One Infrastructure Financing Plan. Neighborhood, community, and regional parks will be funded primarily through the City of Modesto s Capital Facilities Fee Program, one or more CFD s, or other funding sources as specified in the Village One Infrastructure Financing Plan. IV - 4

9 Park maintenance for neighborhood and community parks, may be funded through one or more CFD s, or other funding sources as specified in the Village One Infrastructure Financing Plan. h) Water, Sanitary Sewer, and Storm Drainage Systems Except for certain major water, sanitary sewer, and storm drainage trunk lines, construction of all utilities infrastructure will proceed in conjunction with development of Precise Plans in the Specific Plan area. The need for most of the utility systems will be triggered by the approval of tentative maps for residential subdivisions within Precise Plan Areas or by the approval of a final development plan for commercial and multifamily properties. Prior to the recording of final maps, detailed improvement plans and funding mechanisms consistent with the general design described in this Specific Plan shall be prepared and approved by the City. Developers will pay the sanitary sewer, and water fees at the filing of the final map. Developers may also be required to initially fund costs if nearby areas are not funding their share of the costs of infrastructure extensions due to the timing of development of specific projects. Depending on the funding source and the type of infrastructure being constructed, developers who initially fund the costs above their fair share shall be reimbursed when other developments tie into the lines or in accordance with the sequencing program as set forth in the Village One Infrastructure Financing Plan. Reimbursement agreements will be approved by the City governing the contributions and repayment requirements. i) Street Lights Street lights will be installed along all expressways, major, connector, and residential streets as specified in the Specific Plan. Street lighting shall be funded as part of the road improvements. Street lights for arterial streets may be funded through one or more CFD s, or other funding source as specified in the Village One Infrastructure Financing Plan. 3. Village One Infrastructure Financing Plan - Policies The following policies shall guide the development of the Village One Infrastructure Financing Plan: a) The full costs of the on-site and off-site public infrastructure and public services required to support development in Village One shall be funded from revenues generated by development within Village One. Public services shall also include reimbursement to the City of Modesto for the Planning and Engineering required for the Village One Specific Plan Area as permitted by State Gov. Code Sec (a). IV - 5

10 Property owners within Village One will be required to pay their fair share of the expressways, Citywide circulation system improvements, local streets, neighborhood and community parks, water, sanitary sewer, storm drainage, schools, and public services that are required to serve the area. The Village One Infrastructure Financing Plan will identify the specific revenue sources to pay for the infrastructure improvements and public services and will describe a cost allocation methodology to distribute the costs of the infrastructure and public services required to serve the Specific Plan area. b) All property owners who develop land within Village One shall be required to pay their fair share of costs for installing and maintaining the necessary backbone infrastructure and community facilities based on the cost allocation and methodology contained in the Village One Infrastructure Financing Plan and the Village One Community Facilities District, and through payment of CFF, water, sewer and other City development fees. Payment of these fees and taxes provides the funds to construct and maintain the backbone infrastructure and community facilities necessary to serve the Specific Plan area, and to reimburse those property owners who build out of sequence and are required to advance the costs of the infrastructure or community facilities. c) In 1996, the City created the Village One Community Facilities District No (Village One CFD) in order to fund certain backbone infrastructure and community facilities for the Village One Specific Plan area. It is acknowledged, however, that there is a severe shortfall in the funding that was to be provided through the existing Village One CFD. It is the intent of the City Council to create a new special tax district (Tax Area B) within the Village One CFD which will encompass all undeveloped and unvested property within the Village One Specific Plan area, as more particularly shown in the public report to be prepared for Tax Area B. The purpose of Tax Area B will be to ensure the City is collecting all funds necessary to construct and maintain the backbone infrastructure and community facilities, in order to remedy the shortfall. The public report for Tax Area B and the Village One Infrastructure Financing Plan shall establish the cost allocation and methodology for establishing the tax structure for all currently undeveloped and unvested properties within the Specific Plan area. It is the further intent of the City Council that no new development may occur without forming or annexing to the Village One CFD at the tax rates established for Tax Area B, as shown in the public report to be developed for Tax Area B, and actually paying all applicable CFD taxes at the rate established by Tax Area B. Based on the above history and statements of intent, no precise plan, final map, final development plan, building permit or other development entitlement for currently unvested property shall be deemed consistent with this Specific Plan until and unless the affected parcel is required to form or annex to the Village One CFD at the tax rates established for Tax IV - 6

11 Area B and pay all applicable CFD taxes at the rate established by the New District. Therefore, as a condition of approval for development of any parcel within the Specific Plan area, the property owner and/or developer shall be required to take all actions necessary to impose all CFD taxes on the land as are required of parcels within the Tax Area B, including but not limited to annexation to the existing Village One CFD at the tax rates established for the new Tax Area B, securing and establishing the new special tax district as shown in the Village One Infrastructure Financing Plan and the public report for the new Tax Area B, or, if Tax Area B has already been established, annexing the property to the Village One CFD at the tax rates established for Tax Area B, and actually paying all CFD taxes assessed based on the tax rates established for Tax Area B. The property owner shall be required to secure and establish Tax Area B, or annex to the Village One CFD at the tax rates established for Tax Area B prior to recordation of a final map or issuance of a building permit, whichever occurs first, for any property located within Tax Area B. Payment of the CFD tax at the rates established for Tax Area B shall be required prior to issuance of a building permit. Each parcel shall also be required to pay all CFF, sewer and water fees and other development fees applicable to the property in accordance with City ordinances, resolutions, regulations, policies and procedures. Undeveloped properties may be required to annex to the new special tax district in accordance with the provisions of the Village One Infrastructure Financing Plan. d) It is essential to provide the necessary backbone infrastructure and community facilities at the earliest possible opportunity in order to ensure orderly development, mitigate potential traffic issues, and maintain appropriate service standards for the Specific Plan area. Debt financing shall be used in the New District, and is the preferred method for funding the construction of remaining backbone infrastructure and community facilities necessary to serve the Specific Plan area. Debt financing is essential to guarantee that facilities will be constructed to meet the requirements of the infrastructure sequencing and prioritization plan. Pay-as-you-go financing shall only be used to the extent it is applicable to payment of CFF, water and sewer fees and other development fees, and for the provision of in-tract subdivision infrastructure or on-site property improvements which only benefit a specific development. e) Developers of properties that proceed ahead of the infrastructure sequencing plan contained in the Village One Infrastructure Financing Plan will be required to pay the costs of extending the backbone infrastructure to their project, subject to future reimbursement, in accordance with the sequencing and prioritization contained in the Village One Infrastructure Financing Plan. Because the Specific Plan permits property owners to keep their properties in the present land use if they wish, development in Village IV - 7

12 One may not occur in a sequential pattern. Some developments may need to construct roads, sanitary sewer, water, and storm drainage facilities through areas that remain undeveloped. The development plan for Village One allows for this type of development but requires the developers to advance the funding needed to extend the infrastructure to their projects. Reimbursements will be based on the sequencing and prioritization contained in the Village One Infrastructure Financing Plan. f) The City shall require dedication of land for road improvements and construction of road improvements consistent with Citywide policies,the Facilities Master Plan and the Village One Infrastructure Financing Plan. Existing City policies govern the dedication of land for road improvements and require developers of a given road frontage to construct the first forty feet of the road, curb and gutter, measured from the property line. g) The City shall pay for the acquisition of dedicated property required for arterial streets and connectors that exceed 40 feet of the road, curb and gutter measured from the property line or 25 percent of the gross acreage of any existing parcel whichever is less. Arterial roads are defined as Oakdale Road, Sylvan Avenue, Roselle Avenue, Floyd Avenue, Briggsmore Avenue, and Claus Road. The City shall acquire parcels that are left without any economic or beneficial use as a result of the land dedication requirements. Land dedications for public improvement development projects are typically twenty percent to twenty-five percent of gross acreage. In Village One, some of the smaller parcels may require dedications in excess of typical requirements due to the layout of the backbone infrastructure. This policy protects those parcels from a disproportionate share of the burden for land dedications. The acquisition of property covered by this policy will be funded through one or more CFD s or other funding sources as specified in the Public Facilities Finance Plan. The City may establish a list of small parcels unlikely to develop further that are adjacent to critical street segments for the purposes of property acquisition in conjunction with development of these street segments as part of the Village One Infrastructure Financing Plan. h) Notwithstanding the provisions of Section c), the City may defer the requirement to form or annex to the Village One CFD for: 1) Residential properties of less than ten acres, until there is a land division, addition of any dwelling unit or change of use, or 2) The existing commercial properties in Precise Plan Area No. 2, as defined in Section IV.C.2.d) of the Specific Plan, IV - 8

13 until there is a change of use, physical expansion of the existing buildings, construction of new buildings, or division of property. Parcel owners will be subject to charges for CFF, water and sewer fees, and other applicable development fees, and for specific infrastructure items that provide direct benefit to their property, such as a sanitary sewer line. These parcels owners will be required to pay their fair share of the infrastructure costs at the time a development project for the parcel is approved, as established by the CFD s for the Specific Plan area or the CFF, water and sewer fees, or other funding sources as specified in the Village One Infrastructure Financing Plan. 4. Long Term Facilities Management a) City of Modesto The City of Modesto will provide the majority of public services to the Specific Plan Area, including: Police, fire, parks, water, sewer, streets and roads, median landscaping, street lighting, storm drainage, and general government services. b) Community Facilities Districts Community Facilities Districts will be formed to manage and fund pedestrian and bicycle trails installation and maintenance, median landscaping installation and maintenance, landscape corridor installation and maintenance, and any other facilities deemed appropriate. Regardless of the actual maintenance districts established to perform these services the City shall ensure that public facility maintenance service provided to Village One residents does not diminish service capabilities to other parts of the City. The Community Facilities Districts shall include adequate provisions, to the satisfaction of the City Attorney and Engineering and Transportation Director, for general liability insurance, administration and adherence to safe design standards. c) Home Owners Associations Private Home Owners Associations may manage and fund landscape corridor installation and maintenance, and alley maintenance when there are advantages over inclusion as a CFD obligation. d) Sylvan Union School District This district will provide elementary and middle schools to serve the Specific Plan area. IV - 9

14 e) Modesto City Schools This district will provide high schools to serve the Specific Plan areas. f) Modesto Irrigation District This district will provide electrical service to the Specific Plan Area. The district will also maintain water lines to irrigate lands that remain in agricultural use. g) Pacific Gas and Electric PG&E will provide natural gas service to the Specific Plan area. h) Cable TV Comcast (the current franchise holder) will provide Cable TV service to the Specific Plan area. i) Garbage Collection Modesto Disposal (the current franchise holder) will provide service to the Specific Plan area. C. Development Review Process Precise Plan 1. Overview This section provides a description of the development review process for Village One. Figure IV-1 presents a Summary Flow Chart of the process. The Precise Plan, with concurrent rezoning, is the first level of development review. The Precise Plan requires Planning Commission recommendation and City Council approvals by ordinance. The Precise Plan needs to conform to Chapters I, II, and III of this Specific Plan. A second level of development review, which can be combined with the first review at the applicant s discretion, consists of a tentative map (where needed), which specifies the number and configuration of lots, and a Final Development Plan, which presents design standards for construction on each lot created by the subdivision map. This second level of review (Tentative Map, Final Development Plan) only require Planning Commission approval. Lot consolidation is encouraged at this point in the process. It is acknowledged that some property owners may not wish to proceed with development simultaneously. After Final Development Plan approval, the applicant can then apply for building permits. 2. Precise Plan and Rezoning Required a) Prior to the development of any property within the Village One Specific Plan, the City Council must approve a Precise Plan proposed in IV - 10

15 accordance with Chapter III of this Specific Plan. The Precise Plan shall be adopted by ordinance. b) The Precise Plan approval shall be accompanied by a rezoning to the SP- O (Specific Plan Overlay) Zone, concurrent with the adoption of principal underlying zoning, as specified in Section of the Modesto Zoning Code. This zoning combination (overlay plus underlying) shall guide all future development within the Precise Plan Area. c) Prior to approval of a Precise Plan, all development within a given Precise Plan Area shall conform to the uses, standards, and development review processes specific in the SP-H (Specific Plan-Holding) Zone. d) Exceptions: The following situations provide exceptions to the policies stated in (a), (b), and (c), above: (1) The following properties may receive Principal Underlying Zones, as indicated. Properties may be allowed to establish and maintain uses, consistent with the indicated zones, without the need for Specific Plan Overlay Zones: IV - 11

16 Precise Assessors Principal Supplemental Plan Area Parcel Number Underlying Zone(s) Regulations # C-2 None C C C C C C C C C R-1 Approvals granted by County P-D (157), (a golf driving range) shall expire upon approval of a Precise Plan for PPA #2. # R-1 Supercedes Section R-1 Title X, M.M.C. to permit 1/ R-1 acre minimum lot size R R R R R R R R R R R R R R R R-1 # C-2 None # C-2 None # C-2 None IV - 12

17 3. Precise Plan - Defined (2) In limited instances, tentative subdivision maps, parcel maps, or lot line adjustments, may be processed and approved prior to adoption of a Precise Plan. See Section IV (D) (3) (c), below. Precise Plan shall mean a description of development standards and procedures to govern the development within a geographic sub-unit of the Village One Specific Plan. These geographic sub-units, known as Precise Plan Areas, are delineated in Chapter III of this Specific Plan. 4. Precise Plan Minimum Contents A Precise Plan may by submitted to the Community and Economic Development Department by any one (1) or more property owners within the Precise Plan area, or by their authorized representatives. The Precise Plan shall include written and graphic materials including the following: (a) A completed Precise Plan application form as prescribed by the Community and Economic Development Director, which will include: (1) A filing fee to be established by the City Council; (2) A description of the development schedule; (3) An assessor s parcel map of the Precise Plan Area showing all assessor parcels included in the Precise Plan area; (4) A list of the names, addresses and assessor parcel numbers of all property owners within the Precise Plan Area; and (5) The written consent of one (1) or more property owners within the Precise Plan Area who are participating in the submittal of the Precise Plan, or their authorized representatives. (b) (c) A Zoning Plan showing the proposed Principal Underlying Zoning (i.e. R-1, C-1, etc.) of all properties included in the Precise Plan. Plans and associated applications, including: (1) A site and plot plan of the entire Precise Plan, showing land uses, a tabulation of the area devoted to each category of land use, residential unit calculations, and non-residential square foot calculations; (2) An Infrastructure Master Plan showing the location of all sewer, water, storm drainage, circulation, and all other public facilities located within the Precise Plan; IV - 13

18 (3) Any Tentative Subdivision Maps, if a concurrent subdivision is proposed. (d) An Infrastructure Financing Program, which includes: (1) A plan for the participation of properties located in the Precise Plan area in the financing of (a) the costs of preparation of the Village One Specific Plan EIR, Village One Financing Plan, Public Facilities Master Plan and related studies, and (b) the phased construction of the sanitary sewer, water, storm drain, circulation, school facilities, and other facilities as described in the Village One Specific Plan. (2) A plan for financing the costs of maintenance of medians, alleys, common open space areas, and other facilities in the Precise Plan Area. (e) (f) Written documentation of conformance to the Precise Plan Area policies in Chapter III. A proposed development review process, consistent with section IV-D, which effectively implements the relevant Land Use and Community Design Principles specified in Section II-G (Chapter II). For lots which are 5,000 square feet and larger, the Final Development Plan requirements shall allow the Final Subdivision Map to be recorded without the requirement for plot plans and elevations of model homes. Instead, prior to each individual single-family building permit, the applicant must submit plot plans and elevations for those structures which are designed to meet the following objectives: Garage setback a minimum of 20 feet House setback between 10 and 28 feet Garage width no more than one-half the width of the house (g) (h) If required by development phasing or other reasons, a Draft Development Agreement consistent with the Development Agreement Form prescribed by the City Attorney. Precise Plans can focus on the parcels being considered for development entitlements such as zoning and subdivision, as long as the overall policies for the Precise Plan can still be achieved. IV - 14

19 5. Precise Plan Preparation and Review Procedures a. Responsibilities of the Applicant The applicant shall be primarily responsible for coordinating input from all property owners within the Precise Plan Area. In addition, City staff will be available to provide significant assistance throughout this process. b. Pre-application Conference Required Prior to submitting a Precise Plan to the City for approval, a preapplication conference between the applicant and the Planning and Community and Economic Development Department shall be held. The purpose of this conference is to assist the applicant in understanding the Village One Specific Plan s policies, programs, mitigation measures and development review processes, and to assist the applicant with the preparation of a Precise Plan. A letter of intent and a sketch plan showing the Precise Plan Area, the proposed land uses, and estimated development schedule shall be submitted to the Community and Economic Development Department prior to this conference. c. Property Owners Meeting Required Prior to the Planning Commission s public hearing to consider a Precise plan, the applicant shall convene a meeting with the owners of property located within the area encompassed by the Precise Plan and within three hundred (300) feet of the exterior boundaries of the Precise Plan. The purpose of this meeting is to allow the applicant to inform property owners about the proposed Precise Plan and to answer any questions that they may have regarding the proposed project. City staff may be available to attend this meeting, to provide further information. 6. Precise Plan Adoption Procedures/Findings Procedures for the consideration of an application for a Precise Plan, including public hearings, shall be the same as required for a rezoning, as provided in Section of the Municipal Code. The Planning Commission, in recommending the approval of a Precise Plan and Principal Underlying Zoning and the City Council, in making a decision to approve a Precise Plan, and Principal Underlying Zoning shall make the following findings: (a) (b) The proposed Precise Plan and Principal Underlying Zoning are consistent with the Modesto General Plan; and The proposed Precise Plan and Principal Underlying Zoning are consistent with the Village One Specific Plan. IV - 15

20 These findings shall be in addition to the findings otherwise required by resolution, ordinance or statute for any other discretionary approval, permit or other entitlement considered concurrently with a Precise Plan. 7. Precise Plans Administration The following provisions shall govern the review of all projects proposed in areas covered by adopted Precise Plans: (a) (b) (c) All applications for discretionary approvals, permits, or other entitlements shall be found consistent with the adopted Precise Plan and Village One Specific Plan, and the Principle Underlying Zoning and Development Agreement before they can be approved. This finding shall be in addition to any findings otherwise required by resolution, ordinance, statutes or the Development Agreement. Major modifications or changes to a Precise Plan, such as a substantial increase or decrease in density; significant change in the circulation pattern; or significant change in the Infrastructure Master Plan, the Infrastructure Financing Plan, the Mitigation Plan, shall require an amendment to the Precise Plan. The procedures for the adoption of a precise Plan shall apply to the amendment of an adopted Precise Plan. Minor modifications to a Precise Plan, which do not involve new uses or require significant site plan redesign, may be approved by the Community and Economic Development Director. Any such modifications shall be noted in the project file. The procedures for revocation of a Precise Plan shall be those set forth in Section of the Municipal Code. D. Subsequent Development Review Procedures 1. Overview A review by the Community and Economic Development Department shall be required of any project in an area covered by a Precise Plan, prior to the issuance of any building permit that authorizes the construction or remodeling of any building or structure, excluding those issued for minor accessory building, electrical, plumbing or other special service, or for remodeling that is entirely confined to the interior of a building or structure. This review shall be for the purpose of determining compliance with all of the requirements of the Precise Plan, including the design and development standards of the Village One Specific Plan. It is the expressed intent of the City to provide maximum flexibility to the project applicants throughout this subsequent development review process, and to encourage design creativity to meet the standards presented in this Specific Plan. IV - 16

21 2. Final Development Plan Required a. Defined Final Development Plan shall mean a written narrative document and graphic materials, submitted by the applicant, to guide development on each existing lot within a Precise Plan, and/or each lot proposed to be created by a Tentative Subdivision Map or Parcel Map. The Final Development Plan shall be processed for approval, simultaneous with the Tentative Subdivision Map. Because substantial design requirements have been incorporated into the Specific Plan through the Precise Plan process, no further design review shall be required following the Final Development Plan approval, other than findings of conformance with the Final Development Plan. b. Minimum Contents Each Final Development Plan shall include written and graphic documentation to implement the Precise Plan s design guidelines, including buildings envelopes and typical architectural details. c. Approval Procedures/Findings 3. Subdivision Process The Planning Commission shall approve the Final Development Plan if it can make the following findings: 1. The Final Development Plan conforms to the Precise Plan on the subject site. 2. The Final Development Plan establishes suitable development regulations and design guidelines, consistent with the Design Policies present in Chapter II of the Specific Plan for each existing lot, building site, and/or each lot approved by a Tentative Subdivision Map. The subdivision process within Village One shall be governed by the City of Modesto s subdivision Ordinance (Chapter 4 of title 4 of the Modesto Municipal Code) and the State Subdivision Map Act (California Government Code Sections et. Seq.). The processing procedures and findings required by the City s Subdivision Ordinance are modified by the supplemental requirements described below. a. Processing Procedures In addition to the submittal requirements specified by Section of the City s Subdivision Ordinance, the Tentative Subdivision Map application IV - 17

22 shall be accompanied by an application for a Final Development Plan, as defined and established in Chapter IV of this Specific Plan. The tentative map should contain a notation for construction of public improvements of a posting of securities for those improvements. The following condition shall be applied to the Subdivision Map approval: b. Findings A finding of building permit conformance with the Final Development Plan shall be required prior to issuance of any building permits within this subdivision. This procedural requirement shall be satisfied through a note on the Final Map, a Development Agreement, or through any similar procedure, to the satisfaction of the City Attorney and Community and Economic Development Director. In addition to the findings required by Section of the City s Subdivision Ordinance, any tentative map approvals would require adoption of the following findings: 1. The Tentative Map conforms to the requirements of the Precise Plan in which the subject site is located; and 2. The Tentative Map is consistent with any relevant Mitigation Measures adopted by the Final Environmental Impact Report, as certified by the City Council. 3. A Final Development Plan has been approved, addressing development requirements for every lot created by this Tentative Map. c. Exception Tentative Subdivision Map, Parcel Maps, or Lot Line Adjustments may be processed and approved prior to adoption of the Precise Plan, if the following findings can be made: 1. The project would not inhibit the full implementation of the Village One Specific Plan. 2. The project is consistent with all aspects of the SP-H Zone (Article 4 of the Zoning Code), including Section (minimum 10 acre lot size). 3. The lot lines conform to the boundaries of the Precise Plan Area(s) in which the project is located. IV - 18