Implementation
chapter 8 - implementation
8.0 General Provisions
8.0.1 Purpose and Objectives
Upon adoption of the River Oaks: The Next Chapter (TNC) amendment to the Borkey Area Specific (Specific Plan) the Development Code and procedures established herein shall become the applicable zoning standards for land uses within the TNC area.
8.0.2 Definition of Terms
Words, phrases and terms not specifically defined herein shall have the same definition as provided in the Paso Robles Municipal Code. Refer to the Appendix for definitions within this Specific Plan.
8.0.3 Development Code Consistency
Any details or standards not covered by the development code or design guidelines within this Specific Plan shall be subject to the regulation of the Paso Robles Municipal Code and applicable local, state and federal regulations. In case of differences between this Development Code or the design guidelines and the Paso Robles Municipal Code, the Specific Plan Amendment shall prevail.
8.0.4 Accessibility
All development within TNC shall comply with applicable local, state and Federal accessibility regulations.
8.0.5 Interpretation
In the event of ambiguity or circumstances, not specifically provided for TNC, the zoning administrator shall interpret the intent of the land use standards in writing as required in Section 21.23.280.
8.0.6 City Council Declaration/Severability
If any section, subsection, sentence, clause, or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The City Council declares that it would have passed this title and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid. The City Council hereby declares that they would have enacted these standards and each portion thereof, irrespective of whether one or more portions were declared invalid or ineffective.
8.0.7 Development Code and Design Guidelines
Throughout this document, the strongest level of design intent is specified by the use of terms such as “must,” “shall,” and “prohibited.” Preferred design items are designated as a condition which is “encouraged,” “preferred,” “recommended,” “ appropriate,” or as one that “should” be included. Preferred design items are considered “voluntary” and need not be included in a proposed project. Items that include one or more criteria or elements that are qualified with “discouraged,” “inappropriate” or “should not” be included, are acceptable, if the approving body finds that proposed design is consistent with the overall design, intent and goals of the development standards, design guidelines and this Specific Plan.
8.1 Development Agreement
It is expected that the public amenities and benefits of the Specific Plan could be enhanced under the terms of a Development Agreement to be agreed to between the City Council and TNC. If no agreement is reached on a Development Agreement, such anticipated enhancements of amenities and benefits to the City would not occur.
8.2 Environmental Impacts
Because the Environmental Impact Report (EIR) prepared (and certified) for the TNC Plan is a “project” and a “program” EIR, it is anticipated that the approval of each subsequent application consistent with the Specific Plan shall not require the preparation of new environmental documents, unless otherwise required pursuant to Public Resources Code Section 21166, as the same may be amended from time to time.
8.3 Mapping and Phasing
The first step in implementation of the TNC plan is anticipated to be a vesting tentative subdivision map, which will divide the Specific Plan area into parcels consistent with the framework outlined in Figure 3-1. All final subdivision maps may be approved on a phased basis. As the project develops, subsequent tentative maps further parcelizing the site or individual buildings may be submitted for approval.
Anticipated construction of TNC will occur in five phases. The total length of construction would be approximately ten (10) years, including mass grading. Grading will be consistent with an approved Stormwater Pollution Prevention Plan (SWPPP). The anticipated project phasing is shown in Figure 8-1 –Conceptual Phasing Plan.
Installation of neighborhood recreation and/or community amenities will be completed by the time of occupancy of the last unit it the applicable phase.
8.4 Development Standards and Design Guidelines
The Development Standards contained in Chapter 3 Development Code, the Landscape Guidelines in Chapter 4 and the Architectural Guidelines in Chapter 5 shall provide the requirements and design intent for the implementation of the Specific Plan.
Where setbacks and/or Development Standards between Chapter 3, Development Code and chapters 4 and 5, Landscape and Architectural Guidelines conflict, the setbacks and/or development standards within Chapter 3, Development Code shall prevail.
8.5 Allocation of Units
This Specific Plan provides for overall aggregate limits of development for the entire Specific Plan area. The precise allocation of density and type of development shall be determined as the Specific Plan is built out. The precise allocation of units for a neighborhood or sub-parcel shall be determined at the time of Plot Plan Review approval.
In order to aid the City in keeping a running tabulation, the project applicant shall submit a tabulation of the amount and type of uses approved through the Plot Plan Review process. By keeping this tabulation, the City will ensure that the build-out of the Specific Plan area does not exceed the aggregate limits of development permitted under the Specific Plan.
Each neighborhood may be further parcelized into any number and size of sub-parcels. The location of property lines for sub-parcels within each individual development is flexible.
8.6 Transfer of Development Square Footage
In an effort to maintain flexibility to respond to changing community needs and market conditions over the build-out duration of TNC, development square footage may be transferred between neighborhood designations through the Plot Plan Review process. Provided in no case may the development square footage exceed 111,500 square feet.
8.7 Community Charter
As each Final Map is submitted for approval, the Project Applicant shall provide the Community Charter (conditions, covenants and restrictions), describing the conditions of approval that will survive map recordation to the Director for review. The Community Charter shall reflect ongoing conditions of approval that shall be applied to subsequent development.
8.8 Development Review Process
The plans, development code and design guidelines of this Specific Plan shall fulfill the requirements of Development Plan and Site Plan Review as defined by the Paso Robles Municipal Code (§21.23B.020). TNC shall be implemented through Plot Plan Review, subject to Community Development Director approval in conformance with the provisions, development code and design guidelines of this Specific Plan. All development shall be processed by Plot Plan Review and subject to applicable permits. The following exceptions apply:
A. Repair or replacement with the same or comparable type of structural element or material to any portion of an existing building.
B. Installation of interior improvements within an existing building provided that there is no concurrent exterior alteration or building enlargement.
C. Additions and exterior alterations to individual single-family homes on individual lots, as indicated on the Final Tract Map, provided that the addition or alteration meets the standards in Chapter 3, Development Code and Chapter 5, Design Guidelines and that no additional units are added.
8.8.1 Design Review
As part of the HOA, prior to the commencement of any residential or non-residential construction with TNC, each builder and/or homeowner must first be required to receive approval from the TNC Design Review Board (DRB). The purpose of this initial design review process is to ensure compliance with all TNC design guidelines, development standards and technical requirements. A design review fee will be established by the HOA. The Design Review Process is described below:
A. Orientation Meeting
An orientation meeting with the DRB manager is intended to help prepare the builder/homeowner for process. At this meeting the manager will review the parcel/lot opportunities, constraints and site-specific restrictions and discuss the builder’s/homeowner’s preferences for design style selection and compatibility with requirements of this specific plan and any other more detailed design requirements that may be prepared.
B. Preliminary Design Review
The Preliminary Design Review consists of a review of both architecture and conceptual landscape design. The DRB will respond with comments on site orientation, grading, architectural massing, stylistic character and other criteria described in the Design Guidelines.
C. Final Design Review
After receiving the DRB’s approval of the Preliminary Design, the builder/homeowner may prepare a Final Design Submission. Only after approval of the Final Design by the DRB may the builder/homeowner submit for City approval under the Plot Plan Review process.
8.8.2 Plot Plan Review
The purpose of the Plot Plan Review is to assure that future development within TNC is consistent with the intent, policies and requirements of the Specific Plan. The Plot Plan Review shall consider only the following elements particular to the site covered by the application, consistent with the Specific Plan requirements:
• vehicular and pedestrian circulation,
• emergency accessibility,
• layout,
• building orientation,
• parking,
• signage,
• landscape,
• and related site improvements.
A. Review Requirements
The Plot Plan review shall be subject to staff approval as specified in Chapter 21.23B.030 of the Paso Robles Municipal Code. The community development director shall require development projects to be designed to meet the requirements of this Specific Plan.
B. Plot Plan Review Fee
At the time of filing the application for a Plot Plan Review, the applicant shall pay the same City processing fee as specified for the City “Plot Plan Reviews.”
C. Plot Plan Submission Requirements
The owner, or his/her authorized agent, shall submit an application with the standard City specified fees for a “Plot Plan Review,” the required number of copies of the following drawings or an electronic version to the Community Development Director, prior to applying for a building permit.
1. Lot dimensions, drainage and grading; distance to nearest cross street;
2. Location, elevations, size, height and proposed use of all buildings and structures including trash enclosing intended to be on the site (colored architectural rendering may be required);
3. Yards and space between buildings;
4. Location, height, materials, and design of all walls and fences either proposed or required;
5. Location, number of spaces and dimensions of off-street parking areas, and internal traffic circulation pattern;
6. Pedestrian, vehicular, and service points of ingress and egress; driveway widths, and distances between driveways;
7. Location, size, height, method of lighting, and general design of signs;
8. Location, dimensions, number of spaces, and internal circulations of loading areas;
9. Location and general nature of lighting, including hood devices;
10. Street dedications and improvements;
11. Proposed landscaping; quantity, location, varieties, container size, and irrigation of all proposed landscaping;
12. Any significant trees, other significant plant life or other significant natural features existing at the time of application;
13. Applicant shall fill out and submit River Oaks Sustainability Checklist for each Building Type used in the plot plan.
14. When requested, applicant shall provide the names and addresses of all property owners within three hundred feet of the exterior boundaries of the application;
15. Submittal of a plan for the recycling of new construction waste;
16. If applicable, a shared parking study shall be prepared showing that the required number of parking spaces may be reduced; and
17. Other such data as may be required to permit the planning commission or zoning administrator, as the case may be, to make the required findings for approval of the specific type of application.
8.8.3 Plot Plan Standards Governing Approval
In approving an application submitted for Plot Plan Review, the Community Development Director shall make a general finding that the application and included Plot Plan elements are designed to meet the intent, development code and design guidelines of this Specific Plan.
The community development director shall have the authority to require that development projects be designed to meet the following general design items:
A. The design and intensity (density) of the proposed development plan is consistent with the following:
1. The goals and policies established by the general plan;
2. The policies and development standards established by this Specific Plan;
3. All other adopted codes, policies, standards, and plans of the City;
B. The proposed development plan will not be detrimental to the health, safety, morals, comfort, convenience and general welfare of the person residing or working in the neighborhood, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City;
C. The proposed development plan accommodates the aesthetic quality of the city as a whole;
D. The proposed development plan provides appropriate visual appearance, and contributes to the mitigation of any environmental and social (e.g., privacy) impacts;
E. The proposed development plan is compatible with existing scenic and environmental resources such as hillsides, stream courses, oak trees, vistas;
F. The proposed development plan contributes to the orderly development of the city as a whole;
In determining consistency with this Specific Plan, if a proposed design is found to be materially consistent with the overall design, intent and goals of the development code and design guidelines in this Specific Plan, the design may be approved even if one or more specific items or requirements above are not fully satisfied.
8.8.4 Plot Plan Time Limits
A. The Community Development Director shall, within sixty (60) days of the filing of a Plot Plan Review application, approve the plot plan, if such plot plan complies with the standards in Section 7.4.3 - Plot Plan Standards Governing Approval. This time limit may be extended up to forty-five (45) days in writing by mutual consent of the Project Applicant and Community Development Director.
B. Approval of plot plans shall be valid for a period of not less than two (2) years following the date of approval. If, at the end of a two (2)-year period, one of the situations listed below has occurred, said approval shall become invalid.
1. A building or grading permit has not been issued;
2. A building or grading permit has been issued but construction or grading has not commenced within one hundred eighty (180) days of the issuance;
3. A building or grading permit has been issued and construction or grading has commenced but has subsequently lapsed for a period of one hundred eighty (180) days;
4. A time extension request has not been received.
C. Time extensions, not exceeding one (1) year per extension, shall be granted by the Community Development Director if a written request and applicable fee have been submitted to the community development department no later than the date of expiration of approval.
8.8.5 Plot Plan Revisions
Minor plot plan revisions, as determined by the community development director, may be requested by the Project Applicant. Major alterations to plot plans shall require a new application and shall be made according to the procedures as set forth herein for the review and approval of plot plans.
8.8.6 Plot Plan Appeal Procedures
In the event the Project Applicant does not concur with the interpretation by the Community Development Director pertaining to the requirements of the Plot Plan Review or with any correction or condition imposed upon the Project Applicant’s plans by the Director, the Project applicant may appeal the interpretation, decision, correction or condition by filing a written notification of appeal with the Community Development Director. The Planning Commission shall consider the appeal at its next regular meeting held not less than thirty (30) days after the filing of the appeal. The determination of the Planning Commission may be appealed to the City Council.
8.9 Minor Revisions
8.9.1 Technical Revisions
The following changes in the Specific Plan shall not be considered amendments and shall be approved by the Community Development Director:
A. The addition of new information to the Specific Plan, in the form of maps and/or text, for the purpose of clarification that does not change the effect or intent of any regulation.
B. Changes to the project area infrastructure location and/or service providers (such as drainage systems, roads, water and sewer systems, etc.) so long as the applicable jurisdiction regulating such infrastructure has approved the changes.
C. Changes in land use boundaries shown on Figure 3-1 - Regulating Plan less than fifteen percent (15%) resulting from final road alignments and/or geotechnical or engineering refinements to the tentative and/or final tract map.
D. Typographical and grammatical errors.
E. River Oaks Sustainability Checklist updates and revisions.
8.9.2 Minor Adjustments
The following adjustments in the Specific Plan may be approved by the Community Development Director:
A. Minor adjustments to any development standard and/or regulation.
B. Change of architectural styles and/or style elements within Chapter 5, Design Guidelines.
C. Addition of lot configurations within building types that meet the intent and development code of this Specific Plan.
8.9.2.1 Minor Adjustments Fee
At the time of filing the application for a Minor Adjustment, the project applicant shall pay the same processing fee as a “Plot Plan Review.”
8.9.2.2 Minor Adjustments Procedures
The Community Development Director shall have the authority to approve or deny Minor Adjustment applications. In order to approve such applications, the Community Development Director shall determine that the application meets the following conditions:
A. There are practical reasons or benefits of improved design, which justify a deviation from the prescribed development standard.
B. The adjustment, with any conditions imposed, will provide equal or greater benefit to the subject property and the adjacent property.
C. The adjustment meets the intent of the City’s adopted Economic Strategy.
D. The adjustment is not in conflict with objectives of the Paso Robles General Plan or the intent of the Borkey Area Specific Plan or this Specific Plan Amendment.
8.9.2.3 Minor Adjustments Time Limits
The Community Development Director shall, within thirty (30) days of the filing of a Minor Adjustment, approve the Minor Adjustment, if such Minor Adjustment complies with the findings in Section 8.5.2.2, above. This time limit may be extended up to thirty (30) days by mutual consent of the applicant and the Community Development Director.
8.10 Specific Plan Amendments
Any proposed changes to this document that would substantially alter the requirements contained in this document shall require an amendment to the Specific Plan in accordance with the California Government Code.
8.11 Additional Permits
Additional permits not described within this Chapter including, but not limited to, fencing permits, grading permits, building permits, parking permits and the like, shall be obtained through established procedures with the City where required.
8.12 Financing
A variety of financing methods will be used to implement the Specific Plan, and will include various public and private sources of funding. Different methods of financing may be used for different phases of the project; as TNC is built out, the precise method of financing shall be determined.
8.13 Maintenance Responsibilities
In order to ensure that all infrastructure improvements, common areas and public facilities are well-maintained, this section sets forth the long-term maintenance responsibilities of the various private and public facilities contemplated within the Specific Plan area. The landowner will be held responsible for the maintenance of all areas and facilities listed in Table 8-1 –Maintenance Responsibility Matrix until such time accepted by the appropriate entity.
As provided in this Specific Plan, various areas within the Specific Plan area are to be dedicated to the City for public use. As a condition to recording each final map for the Specific Plan area, the Project Applicant shall submit and have approved by the City, ownership and maintenance agreements describing the various relationships between the City, the Project Applicant, the Specific Plan and property owners regarding the shared use and maintenance of easements, paths and other public/common areas covered by the final map. These agreements shall be approved prior to the recordation of the final map for the phase of development that triggers the shared-use improvement. Reciprocal easements shall be established in the areas containing any privately maintained open space for the benefit of the adjacent lots and the public. The agreements shall be recorded in a manner approved by the City and referenced on the applicable final maps.
8.13.1 Maintenance of Property Improvements
Unless otherwise provided in the conditions of approval (for example, to accommodate construction phasing), all improvements, including landscape shall be completed or otherwise satisfied prior to the issuance of the Certificate of Occupancy or comparable final approval for the subject property. Thereafter, all improvements shall be maintained in compliance with the approved plans, including the replacement of dead or diseased landscape materials, except when specific improvements are superseded by subsequently approved plans.
