2015 10 28 Agend Packet - Development Code Ad-hocAd -hoc Committee agendas and
City of La Quinta staff reports are available on the
City's web page: www.la-quinta.ora
AD -HOC COMMITTEE
AGENDA
CITY HALL STUDY SESSION ROOM
78-495 Calle Tampico, La Quinta
REGULAR MEETING
WEDNESDAY, OCTOBER 28, 2015 AT 3:00 P.M.
CALL TO ORDER
Roll Call: Committee Members Bettencourt, McCune, Pena, Radi, and Chairperson
Wright.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Committee on any matter not listed on the
agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The
Committee values your comments; however in accordance with State law, no action shall be taken on
any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. Approve minutes of September 9, 2015.
STUDY SESSION
1. Development Code Tune Up.
ADJOURNMENT
The next regular meeting of the Ad -hoc Committee will be held on November 19,
2015, commencing at 5:00 p.m. at the La Quinta Study Session Room, 78-495 Calle
Tampico, La Quinta, CA 92253.
AD -HOC COMMITTEE AGENDA
OCTOBER 28, 2015
DECLARATION OF POSTING
I, Monika Radeva, Executive Assistant, of the City of La Quinta, do hereby declare that
the foregoing Agenda for the La Quinta Ad -hoc Committee meeting was posted on the
City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico,
and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111,
and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on October 23, 2015.
DATED: October 20, 2015
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
PUBLIC NOTICES
The La Quinta City Study Session Room is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four
(24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the Committee,
arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A
one (1) week notice is required.
If background material is to be presented to the Committee during an Ad -hoc Committee
meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be
supplied to the Executive Assistant for distribution. It is requested that this take place prior to
the beginning of the meeting.
Any writings or documents provided to a majority of the Committee regarding any item(s) on
this agenda will be made available for public inspection at the Community Development
Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California,
92253, during normal business hours.
AD -HOC COMMITTEE AGENDA 2
OCTOBER 28, 2015
AD -HOC COMMITTEE
MINUTES
WEDNESDAY, SEPTEMBER 09, 2015
CALL TO ORDER
A regular meeting of the La Quinta Ad -hoc Committee was called to order at 5:00 p.m. by
Planning Manager Gabriel Perez.
Roll Call: Committee Members Bettencourt, McCune, Pena, Radi, and Wright.
PLEDGE OF ALLEGIANCE
City Manager Frank Spevacek led the Committee in the Pledge of Allegiance.
APPOINTMENT OF OFFICERS
1. Appointment of Ad -hoc Committee Chairperson.
Motion - A motion was made and seconded by Committee Members
Pena/Bettencourt to nominate Committee Member Wright as Chairperson. Motion
passed unanimously.
2. Appointment of Ad -hoc Committee Vice Chairperson.
Motion - A motion was made and seconded by Committee Members Pena/Radi to
nominate Committee Member Bettencourt as Vice Chairperson. Motion passed
unanimously.
PUBL. - None
CONFIRMATION=OF AGED, - Confirmed
APPROVAL OF MINA - None
STUDY SESSION
1. Development Code Tune Up.
City Manager Spevacek thanked the Committee and staff for their participation and efforts
in the development code tune up streamlining process, explained the reasons for which it
was needed, and outlined the results the City aimed to achieve.
AD -HOC COMMITTEE MINUTES 1 SEPTEMBER 9, 2015
Planning Manager Perez asked the Committee to identify the reasons and motivations for
their participation in this process. The Members identified the following:
• Importance of creating mechanisms that provide flexibility and allow for processes
that are "outside the box"
• Evaluate the rationale behind the existing code requirements to ensure they are
still applicable
• Establish developer- and user-friendly Development Code that sets the City of La
Quinta apart from other cities
Planning Manager Perez gave a power point presentation outlining the development code
tune up benefits, goals, objectives, guiding principles, components, regulatory framework,
scope, strategies, outreach, and schedule.
The Committee Members expressed their support for the process and said that they would
like to initiate changes to the La Quinta Municipal Code that would result in a more
efficient and developer friendly development review process with more effective
timeframes of approval.
Discussion followed regarding regulatory state noticing requirements for the California
Environment Quality Act, SB 18, AB 52, as well as the City's local General Plan, Specific
Plans, Municipal Code and Design Guidelines requirements that influence the timing of
development approvals.
Further discussion followed regarding items that influence the development process, but
are outside the scope of the Development Code Tune Up, such as requirements
established by the Public Works Engineering Bulletin, Coachella Valley Water District,
Boards and Commissions meeting schedules, and appropriate level of review for cultural
resources reports. These items are usually referred to as "Parking Lot" items. The
Committee suggested that staff explore best practices utilized by other cities.
The Committee was supportive of possible code amendments that would increase the
scope of development review applications subject to an administrative review in order to
minimize turn -around time. These decisions would be eligible for appeal to the Planning
Commission and/or City Council. The Committee will further discuss "Level of Comfort" at
the next Ad -hoc Committee meeting.
General discussion followed regarding the existing development review process, the
multiple legislative noticing requirements, the approving bodies, and different methods
through which it could be streamlined. The Committee requested that staff provide a
flowchart of the process. Staff noted that an online survey would be utilized for the
outreach phase of this effort and the Committee noted that they would like to actively
participate by reviewing the survey questions and providing feedback.
AD -HOC COMMITTEE MINUTES 2 SEPTEMBER 9, 2015
The Committee agreed to change the commencement time of the next Ad -hoc Committee
meeting scheduled for October 28, 2015 from 5:00 p.m. to 3:00 p.m.
ADJOURNMENT
There being no further business, it was moved and seconded by Committee Members
Bette ncourt/Pena to adjourn this meeting at 6:40 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City o
AD -HOC COMMITTEE MINUTES 3 SEPTEMBER 9, 2015
STUDY SESSION ITEM NO. 1
City of La Quinta
AD -HOC COMMITTEE MEETING, October 28, 2015
STAFF REPORT
TO: Honorable Ad -hoc Committee Members
FROM: Gabriel Perez, Planning Manager
DATE: October 28, 2015
SUBJECT: Development Code Tune Up
The following outline represents the key items that will be presented by staff:
OVERVIEW OF PROCESS:
• Outcomes
• Guiding Principles
• Review of Development Code
OUTREACH UPDATE
• Stakeholder Meeting - October 13
• Online Survey Results
• One -on -One Learning Conversations
DRAFT CODE TUNE UP OVERVIEW
• Title 9 - Zoning
a) Permitted Uses Table
b) Review Authority
c) General Permitting Procedures
• Title 8 - Buildings and Construction
• Title 13 - Subdivision Regulations
a) Review Authority
b) Subdivision Process
• Question and Answer
NEXT STEPS
• Next Ad -Hoc Committee meeting - November 19 - 5PM
Development Code Tune Up Stakeholder Meeting Results
October 13, 2015- City Council Chambers
Description: Attendees were invited to visit stations according to topic areas (1-Technology,
Plan Check and Inspections, 2-Subdivisions, and 3-Development Review Projects), interact
with staff at each station, and provide comments in three specific areas: Problems and
Challenges, Suggestions for Streamlining, and What is Going Well. 12 total attendees were
identified on the meeting sign -in sheet.
Technology/ Plan Check and Inspection
Problems and Challenges
Inspection time frame/ window/ notify
Fees for Plan Revisions can sometimes be very high. Some revisions are minor, but the
plan check fee is fixed regardless of the extent of the revisions and overpriced for
minor revisions. If a set of plans has expired, but no, or minor changes it is the some
plan check cost. This is difficult to justify to developers and clients.
The inter -department process needs improvement. Too many times we have to track
down the submittals to get to the correct department for checking/approval.
Only qualified public works personnel should plan check improvement plans. On a
recent Capitol Improvement project, we had our grading plan checked by a plan
checking consultant and then construction inspector. While the hydrology and wqmp
were checked by the public works staff. This led to confusion, conflicting comments
and unorthodox changes to the plans.
At times we have had consultant plan checkers checking plans and then a second non -
concurrent plan check completed by city staff that draws out the process with
conflicting comments/delays.
Sometimes comments are not received by some departments, until the project is
deemed approved for processing causing undo redesign, delays and costs.
Suggestions for Streamlining
Allow submittal ok all documents by email, external drive of dropbox for single family
lot development, single site, and/or multi -site locations (DVBA)
Scheduling- tracking of inspectors visits in sequence, expectations of timing and arrival
for convenience (DVBA)
Dealing with outside plan checkers (engineering specifically) is very cumbersome. They
need to be available to discuss issues rather than constant emails or letters back and
forth (Public Works and Building Plans)
The plan check process could be improved with a full implementation of electronic plan
check submittals with full cooperation of all agencies who participate in plan checks.
Including getting all external departments and agencies, Police, Fire, utilities, etc.
The one stop shop -once fully implemented should greatly improve service.
When using a Consultant Plan Checker, we would request that only that person be
providing comments. If they need to meet with City staff to get on the some page that
is ok. At times we have had consultant plan checkers checking plans and then a
second non -concurrent plan check completed by city staff that draws out the process
with conflicting comments/delays.
Concurrent Processing with public agencies - the first plan check should be
concurrently processed through all commenting agencies so that a complete set of
comments outlining everything that needs to be addressed is provided at the same
time to provide for a more fluid process. Sometimes comments are not received by
some departments, until the project is deemed approved for processing causing undo
redesign, delays and costs.
Plan checks turnaround times need to be reduced (for the most part) and should meet
state law. Some simple plan checks (PM10 or Erosion Control for example which can
be done basically over the counter at other cities and can take months in the City of La
Quinta) need to be fast tracked.
What is aoina well?
Add projects to view
The overall response time and openness from City staff during the process is great.
Subdivisions
Problems and Challenges
Geotechnical Engineer of Record- to maintain geotechnical continuity and quality I
suggest either 1) Maintain geotechnical engineer of record 2) If geotechnical is
changed during the project the new geotechnical should review previous geotech
reports and issue a letter stating they concur with the reports and stating they are the
new geotech of record. This process helps ensure the geotechnical recommendations
are implemented in the project.
Clear inspection requirements for various types of construction
Timing of inspections (Building):
1. From call in date to the time of schedule to completion- how long?
2. Opportunity for off -hour inspections? Cost to occur? (DVBA)
3. Challenges to quality of trained inspectors (i.e. one inspector clears them,
second inspector reviews/ declines and requests redo)
Suggestions for Streamlining
Make TTMs good for 3 years plus extensions (1 agreement)
Extension of map conditional approval at Director's level for extraordinary
circumstances (Michael Shovlin)
1 point of contact from initial contact through construction final (DVBA)
What is going well?
Process has been pretty workable
Development Review Projects
Problems and Challenaes
Over -use of Specific Plans
Need process to modify standards for specific projects- if it doesn't get built it sunsets
(1 agreement)
Too much engineering at preliminary stage
It has become too costly for developers to complete design review and reach Planning
Commission and City Council. For example, requiring a complete hydrology report or
fully designed improvement plans before entitlement approval can be a deterrent and
cost prohibitive for developers.
Conditions of approval received too late in the process.
Sometimes there are too many layers for a project. You should not have a VUP and a
Specific Plan that conflict. Either one should override the other, or the VUP should be
mad a part of the SP, etc.
One hundred conditions for a simple project (many do not pertain) gets cumbersome
and confusing.
Suggestions for Streamlining
Eliminate ALRB and HPC
Reduce Parking for commercial/ large scale mixed use projects (1 agreement)
Work with Sunline Transit Corridors allowing reduced parking/ Transit -Oriented
Development (1 agreement)
Require less detail in entitlement plans
The Conditions of Approval need to be made available right after design review, so that
Developers can have time to address/negotiate concerns instead of receiving COAs late
and having to appeal to the Planning Commission and/or City Council.
Tentative Map extensions should be able to be automatically extended at Director level
if no new conditions, or ordinances, etc.
Write the COA's as needed for each project. One hundred conditions for a simple
project (many do not pertain) gets cumbersome and confusing.
It would be helpful if the Department heads and staff were given more authority,
flexibility and allowed creativity to work with developers and engineers on projects.
Many projects have unique aspects to them. This would help projects move more
smoothly through the process and help developers feel like the City is working with
them rather than against them and provide for more creativity and better overall
design while reducing costs.
What is going well?
Process today is as good as any in Valley (1 agreement)
Staff and Council are to be commended for undertaking advance to tech world
Title 9- Zoning - (La Quinta Municipal Code)
Development Code Tune Up Draft Recommendations Analysis
*Highlighted rows identify substantial changes from existing procedures that will be referenced in future Ad -Hoc Meetings.
9.40.040
Housing types not
-Specific Plans require
Create new Code Provisions for Planned
Savings in Time
Permitted
permitted by right in
lengthier processing
Unit Development Permits
Money
Uses in
specific residential
times, subject to SB
maximum flexibility from existing
Residential
zones require approval
18, and can be costly
development standards for
District
of a Specific Plan (pg 1-
to prepare.
residential projects
2)
-Creative housing
allow the final review authority to
types and project
be Planning Commission Approval
designs are not
allowed within the
scope of the Code.
-Creates staff
challenge for tracking
multiple standards for
Specific Plans
9.40.040
Townhomes and
-Require a Specific
-Allow as a Permitted Use in Medium
Savings in Time
Permitted
Condominiums Land
Plan in Medium
Density Residential Zone
Money
Uses in
Use (pg 2)
Density Residential
Residential
Zone
District
9.40.040
Resort Residential Land
-Requires a CUP and
-Allow as a Permitted Use
Savings in Time
Permitted
Use (pg 3)
approval at the
-No review
Money
Uses in
Planning Commission
Residential
District
9.40.040
Senior Group Housing
-Not allowed in
-Allow as a Minor Use Permit
Savings in Time
Permitted
(pg 4)
Medium Density
-Administrative Level Review
Money
Uses in
Residential
Residential
-Requires Planning
Page 1 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
District
Commission approval
as a CUP in Medium
High Density and
High Density
Residential zones
9.40.040
Bed and Breakfast (pg
-Requires a
-Allow as Minor Use Permit
Savings in Time
Permitted
4)
Conditional Use
-Administrative Level Review
Money
Uses in
Permit
Residential
District
9.40.040
Cottage Food
-Requires a Minor Use
-Permit by right since Riverside County
Savings in Time
Permitted
Operations (pg 5)
Permit
Environmental Health conducts health
Money
Uses in
- Riverside County
inspections and City currently does not
Residential
Environmental Health
reviews.
District
conducts health
inspections
-unecessary
9.40.040
Lighted tennis and
-Requires a
-Allow as Minor Use Permit
Savings in Time
Permitted
other game courts on
Conditional Use
-Administrative Level Review
Money
Uses in
private property (pg 5)
Permit in Medium
Residential
Density Residential,
District
Medium High Density
Residential and High
Density Residential
zones
-Does this really need
a public hearing?
9.40.040
Stand Alone Driving
-Requires a CUP
-Allow as Minor Use Permit
Savings in Time
Permitted
Range (pg 6)
-impacts can be
-Administrative Level Review
Money
Uses in
evaluated at staff
Residential
level
District
9.40.040
Home Occupations
-Doesn't make sense
-Move to Title 8
Easier to
Permitted
in this table and is
Understand
Uses in
handled entirely by
Residential
code enforcement
District
9.40.040
Museum or gallery
-unnecessary
-Allow as Minor Use Permit
Savings in Time
Page 2 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
Permitted
displaying sculpture,
-Impacts can be
-Administrative Level Review
Money
Uses in
artwork or crafts (pg
evaluated at staff
Residential
11)
level or will already be
District
evaluated with SDP if
new construction
9.40.040
Recreational Vehicle
-doesn't permit in
-Allow in all residential zones if associated
Easier to
Permitted
Storage (pg 11)
Very Low Density or
with a planned community and therefore
understand
Uses in
Low Density
can be located to minimize impacts to
Potential
Residential
Residential zones
residents.
savings to
District
when there is a need
residents in
to store vehicles/
storage fees
Reduce
demand for
code
enforcement
services
9.80.040
Retail stores under
-doesn't make sense
-Allow as permitted use in all non-
Easier to
Permitted
10,000 sq. ft. of floor
to be an accessory
residential zones, except Major Community
understand
Uses in
area per business (pg
use in Commercial
Facilities zone.
Encourage
Nonresidenti
14)
Park, Tourist, or
development
al Districts
Office Commercial
zones
9.80.040
Retail stores, 10,000—
-Requires CUP
-Allow as a permitted use in Commercial
Savings in Time
Permitted
50,000 sq. ft. floor area
approval by Planning
Park, Community Commercial,
Money
Uses in
(pg 14)
Commission in
Neighborhood Commercial, and Village
Nonresidenti
Commercial Park,
Commercial Zones.
al Districts
Community
Commercial, and
Neighborhood
Commercial Zone
-No reason why a CUP
is necessary if new
construction requires
an SDP.
9.80.040
Retail stores, over
-CUP required for
-Allow as permitted use in Regional
Savings in Time
Permitted
50,000 sq. ft. floor area
Regional Commercial
Commercial.
Money
Uses in
(pg 14)
and Community
-Allow as a minor use permit in
Nonresidenti
Commercial Zones
Community Commercial since the scale of
Page 3 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
al Districts
-No reason why a CUP
commercial in this zone is intended for
is needed for this use
smaller scale commercial. The minor use
in these zones.
permit allows for any impacts to be
addressed through conditions of approval.
-Not permitted in the Village Commercial
Zone
9.80.040
Food, liquor and
-Requires a CUP for
-Allows as minor use permit in the
Savings in Time
Permitted
convenience stores
Regional Commercial,
Regional Commercial, Community
Money
Uses in
under 10,000 sq. ft.
Community
Commercial, Neighborhood Commercial,
Nonresidenti
floor area, open 18 or
Commercial,
Tourist Commercial, and Village
al Districts
more hours/day (pg 14)
Neighborhood
Commercial zones.
Commercial, Tourist
-Administrative Level Review
Commercial, and
Village Commercial
zones
-Impacts related to
the proposed use can
be conditioned at the
administrative level.
9.80.040
Plant nurseries and
-Requires a CUP in the
-Permit by right in Regional Commercial,
Savings in Time
Permitted
garden supply stores,
Regional Commercial,
Community Commercial, Neighborhood
Money
Uses in
with no propagation of
Community
Commercial, and Village Commercial
Nonresidenti
plants on the premises,
Commercial,
zones
al Districts
subject to Section
Neighborhood
9.100.120 (pg 15)
Commercial zones
-No reason why they
shouldn't be allowed
9.80.040
General and
-No reason why not to
-Allow as permitted use in the Commercial
Easier to
Permitted
professional offices (pg
allow in Commercial
Park or major Community Facilities zones
understand
Uses in
16)
Park or major
Encourages
Nonresidenti
Community Facilities
investment,
al Districts
zones
development
9.80.040
Medical offices—
-No reason why not
-Allow as permitted use in Commercial
Easier to
Permitted
physicians, dentists,
permitted in
Park zone
understand
Uses in
optometrists,
Commercial Park
Encourages
Nonresidenti
chiropractors and
zone
investment,
al Districts
similar practitioners
Page 4 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
(pg 16)
development
9.80.040
Surgicenters/ medical
-No reason why not
-Allow as permitted use in Commercial
Easier to
Permitted
clinics (pg 16)
permitted in
Park zone
understand
Uses in
Commercial Park
Encourages
Nonresidenti
zone
investment,
al Districts
development
9.80.040
Veterinary
-No reason this should
-Allow as a Minor Use Permit in Regional
Savings in Time
Permitted
clinics/animal hospitals
be a CUP approval at
Commercial, Commercial Park,
Money
Uses in
and pet boarding
Planning Commission.
Community Commercial, Neighborhood
Nonresidenti
(indoor only) (pg 16)
-Can be reviewed at
Commercial and Village Commercial
al Districts
administrative level
Zones
-Administrative Level Review
9.80.040
Restaurants, drive-
-Not permitted in
-Allow as a permitted use in Neighborhood
Encourages
Permitted
through
Neighborhood
Commercial or Tourist Commercial Zones
investment,
Uses in
Commercial or
development
Nonresidenti
Tourist Commercial
al Districts
Zones
-Limits development
opportunities
9.80.040
Restaurants, counter
-We may want to
-Allow as an Accessory use
Encourages
Permitted
take-out with ancillary
allow restaurants and
investment,
Uses in
seating, such as
lessees in Public
development
Nonresidenti
yogurt, ice cream,
Facilities
al Districts
pastry shops and
similar
9.80.040
Micro -brewery or wine
-Not currently a land
-Add as a new land use.
Savings in Time
Permitted
tasting, accessory to
use designation and
-Allow as an accessory use in all
Money
Uses in
restaurant or bar. (pg
therefore not
commercial zones except Major
Encourages
Nonresidenti
17)
permitted.
Community Facilities zone.
investment,
al Districts
-No opportunities for
development
these establishments
that can be great
attractions.
9.80.040
Bars and cocktail
-Not allowed in
-allow as a Conditional Use Permit in the
Encourages
Permitted
lounges (pg 17)
Neighborhood
Neighborhood Commercial Zone as we are
investment,
Uses in
Commercial Zone
still able to condition the use to address
development
Nonresidenti
-limits economic
possible impacts.
Page 5 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
al Districts
development
opportunities
9.80.040
Dance clubs and
-not allowed in
-allow in Commercial Park Zone with
Encourages
Permitted
nightclubs (pg 17)
Commercial Park
approval of a Conditional Use Permit.
investment,
Uses in
zone
development
Nonresidenti
al Districts
9.80.040
Dancing or live
-not allowed in
-Allow as a permitted use in Commercial
Savings in Time
Permitted
entertainment as an
Commercial Park
Park zone
Money
Uses in
accessory use (pg 17)
zone
-Allow as an accessory permitted use in
Nonresidenti
-requires CUP in
the Community Commercial,
al Districts
Community
Neighborhood Commercial, and Tourist
Commercial,
Commercial zones
Neighborhood
Commercial, and
Tourist Commercial
zones
-If this is an accessory
use do we really need
a CUP?
9.80.040
Theaters, live or
-requires a CUP in
-Allow as permitted us in Regional
Savings in Time
Permitted
motion picture (pg 17)
Regional Commercial,
Commercial Zone.
Money
Uses in
Community
-Allow as a minor use permit in the
Encourages
Nonresidenti
Commercial zone,
Commercial zone, Neighborhood
investment,
al Districts
Neighborhood
Commercial, and Tourist Commercial
development
Commercial, and
Zones.
Easier to
Tourist Commercial
-Administrative Level Review
understand
Zones. Theaters in a
Regional Commercial
zone should have the
least impact. Impacts
in other commercial
zones can be
mitigated in the
conditions of
approved under an
Page 6 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
MUP.
-Not allowed in Major
Community Facilities
zone which limits
ability to have a
community theater in
a City facility.
9.80.040
Tobacco shops without
-Requires a CUP in
-Allow as permitted use in Community
Savings in Time
Permitted
onsite smoking, as per
Community
Commercial and the Neighborhood
Money
Uses in
the provisions of the
Commercial and
Commercial Zones.
Nonresidenti
Heath and Sanitation
Tourist Commercial
-Allow as an accessory use in the Tourist
al Districts
Code (pg 17)
Zones
Commercial Zone.
-Not permitted in
Neighborhood
Commercial Zone
-Are there any
business impacts that
require special
conditions?
9.80.040
Cigar lounges, hookah
-Requires a CUP in the
-Allow as minor use permit in Regional
Savings in Time
Permitted
bars, and similar uses
Regional Commercial
Commercial, Community Commercial,
Money
Uses in
with onsite smoking, as
and Tourist
Neighborhood Commercial, and Village
Nonresidenti
per the provisions of
Commercial Zones
Commercial zones.
al Districts
the Health and
-Not permitted in
-Allow as Accessory in the Tourist
Sanitation Code (pg 17)
Community
Commercial Zone.
Commercial and
Neighborhood
Commercial Zones
-Are these restrictions
necessary?
-Impacts can be
addressed with
conditions at
administrative level.
9.80.040
Bowling alleys (pg 17)
-Requires a CUP and is
-Allows as a permitted use in Regional
Savings in Time
Permitted
added in same
Commercial, Commercial Park,
Money
Uses in
category as pool or
Community Commercial zones.
Nonresidenti
billiards centers
-Allow as a CUP in the Village Commercial
al Districts
zones
Page 7 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
9.80.040
Pool or billiard centers
-Not allowed in
-Allow as a CUP in the Commercial Park
Encourages
Permitted
as a principal use a
Commercial Park
and Village Commercial Zones
investment,
Uses in
principal use (pg 17)
zone
development
Nonresidenti
al Districts
9.80.040
Golf courses and
-Do not allow golf courses in Commercial
Encourages
Permitted
country clubs (see GC
Park, Tourist Commercial, or Office
investment,
Uses in
district permitted uses,
Commercial zone
development
Nonresidenti
Chapter 9.120) (pg 18)
(encourage
al Districts
retail
development)
9.80.040
Health clubs, martial
-requires a minor use
-Allow as a permitted use in all commercial
Savings in Time
Permitted
arts studios, and dance
permit in most
zone
Money
Uses in
studios, 5,000 sq. ft.
commercial zones
-allow as minor use permit in Major
Nonresidenti
floor area or less (pg
-biggest impacts for
Community Facilities zone
al Districts
18)
these uses are parking
in existing retail
centers which can be
analyzed during
tenant improvements
9.80.040
Health clubs, martial
-requires a
-Allow as a minor use permit in all
Savings in Time
Permitted
arts studios, and dance
Conditional Use
commercial zones, including Major
Money
Uses in
studios, over 5,000 sq.
Permit in commercial
Community Facilities zone.
Easier to
Nonresidenti
ft. floor area (pg 18)
zones.
understand
al Districts
-Parking impacts
larger than some use
less than 5,000 square
feet but CUP is too
much
9.80.040
Miniature
-requires a
-Allow as Minor Use Permit in Tourist
Savings in Time
Permitted
golf/recreation centers
Conditional Use
Commercial Zone.
Money
Uses in
Permit in Tourist
Nonresidenti
Commercial Zone.
al Districts
-it should be easier to
approve miniature
gold centers since the
Page 8 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
use is compatible.
9.80.040
Ice skating rinks (pg
-requires a CUP in
-Allow as Minor Use Permit in Regional
Savings in Time
Permitted
19)
Regional Commercial,
Commercial, Commercial Park,
Money
Uses in
Community
Community Commercial, Tourist
Nonresidenti
Commercial, and
Commercial, and Major Community
al Districts
Major Community
Facilities zones.
Facilities Zone.
-Not permitted in
Commercial Park and
Tourist Commercial
Zone
9.80.040
Electrical Substations
-requires a minor use
-require Community Facilities zoning for
Too permissive
Permitted
permit
electrical substation sites.
and has
Uses in
potential
Nonresidenti
impacts
al Districts
9.80.040
Water wells and
-allow as permitted in all commercial
Permitted
pumping stations (pg
zones
Uses in
19)
Nonresidenti
al Districts
9.80.040
Reservoirs and water
-requires a minor use
-allow as a permitted use in Community
Savings in Time
Permitted
tanks (pg 20)
permit in Major
Facilities zone
Money
Uses in
Community Facilities
Nonresidenti
zone when the
al Districts
designation is already
the most appropriate
zone
9.80.040
Colleges and
-not allowed in
-allow as a minor use permit in
Savings in Time
Permitted
universities (pg 20)
Commercial Park or
Commercial Park and Office Commercial
Money
Uses in
Office Commercial
Zone.
Easier to
Nonresidenti
Zones and therefore
-allow as a Conditional Use permit in
understand
al Districts
difficult for desired
Village Commercial Zone
Encourages
educational facilities
investment,
and associated
development
economic
opportunities to
operate in these
Page 9 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
zones.
9.80.040
Private swim schools
-no need to regulate
-eliminate land use category
Easier to
Permitted
these.
understand
Uses in
-Can be classified in
Nonresidenti
health club category
al Districts
9.80.040
Train, bus and taxi
-None exist and are
-eliminate land use category
Permitted
stations
there any reasons we
Uses in
would want these
Nonresidenti
facilities?
al Districts
9.80.040
Townhome and
-Only allowed as a
-Permit by right in Regional Commercial,
Savings in Time
Permitted
multifamily dwelling as
CUP in Regional
Commercial Park, Community
Money
Uses in
a primary use (pg 21)
Commercial and
Commercial, Neighborhood Commercial,
Encourages
Nonresidenti
Commercial Park Zone
Tourist Commercial, Office Commercial,
investment,
al Districts
-Not Permitted in
and Village Commercial zones
development
Community
Commercial,
Neighborhood
Commercial, Tourist
Commercial or Office
Commercial
9.80.040
Residential as an
-Requires a CUP in all
-Allow with a minor use permit in all
Savings in Time
Permitted
accessory use, e.g.,
zones which is too
commercial zones.
Money
Uses in
caretaker residences
rigid
Nonresidenti
per Section 9.100.160
al Districts
(pg 21)
9.80.040
Timeshare facilities
-there is a difference
-Divide timeshares into two categories 1)
Savings in Time
Permitted
subject to Section
between new
new development 2) conversions
Money
Uses in
9.60.290 (pg 22)
development for
-Allow new development timeshares as
Easier to
Nonresidenti
timeshares and
permitted by right for Regional
understand
al Districts
conversions
Commercial, Community Commercial,
-Conversions may
Tourist Commercial, and Village
create impact on
Commercial zones.
existing residential
-Require timeshare conversion as
Page 10 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
developments
Conditional Use Permits for Regional
-Existing CUP
Commercial, Community Commercial,
requirements is too
Tourist Commercial, and Village
cumbersome for new
Commercial zones
proposed timeshare
development
9.80.040
Vehicle and vessel
-CUP is unnecessary
-Allow as a minor use permit in Regional
Savings in Time
Permitted
sales and rentals (pg
and impacts can be
Commercial and Commercial Park Zones
Money
Uses in
22)
mitigated with
Nonresidenti
conditions under a
al Districts
Minor Use Permit
9.80.040
Private automobile
-Requires a CUP in
-Prohibit in Regional Commercial and
Savings in Time
Permitted
parking lots/garages as
most Commercial
Community Commercial Zones
Money
Uses in
a principal use subject
Zones
-Allow as minor use permit in Tourist
Nonresidenti
to Chapter 9.150,
-May not be a desired
Commercial, Office Commercial, and
al Districts
Parking (pg 23)
use in some
Major Community Facilities, and Village
commercial zones as
Commercial zones.
it may prevent retail
development
9.80.040
Recording Studios
-Prohibited in
-Allow as minor use in Regional
Flexibility
Permitted
Regional Commercial
Commercial and Village Commercial
Uses in
and Village
zones
Nonresidenti
Commercial zones
al Districts
9.200.020
Site Development
-Requires approval by
-Allow SDP to be approved at the
Savings in Time
Authority
Permit (SDP) (pg 35)
Planning Commission
administrative level.
Money
-Some Site
Development Permits
require approval by
City Council
9.200.020
Home Occupation
-already reviewed by
-Move to Title 11
Easier to
Authority
Permit (pg 35)
Code Enforcement
understand
9.200.020
Add: Planning
-No specific process
-add to authority table at staff level review
Easier to
Authority
Compliance Review
for substantial
understand
Page 11 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
(pg 35)
conformance review
9.200.020
Sign Program (pg 35)
-Requires Planning
-Move to Staff review
Savings in Time
Authority
Commission review
Money
9.200.090
C. Criteria (*this is the
-only allows for
-Allow for decrease in building square
Savings in Time
Modification
criteria for allowing
modification of
footage through the Modification by
Money
by applicant
minor changes to an
building square
Applicant process.
(MBA)
approved development
footage if it is
design)
increases. A decrease
in square footage is
subject to a Site
Development Permit
to be approved by the
Planning Commission.
9.200.090
C. Criteria (pg 40)
-MBA process does
-Allow for changes, additions or
Savings in Time
Modification
not allow for minor
substitutions for site and grading plans in
Money
by applicant
changes to site or
the Modification by Applicant process.
(MBA)
grading plans as an
administrative
function.
-Any changes site or
grading plans would
require Site
Development Permit
approval by the
Planning Commission.
9.200.090
C. Criteria (pg 40)
-MBA process does
-Allow for changes in residential model
Savings in Time
Modification
not allow for changes
design in the Modification by Applicant
Money
by applicant
in residential model
process.
(MBA)
design.
-Any changes to the
residential model
design would require
a Site Development
Permit approval by
the Planning
Commission.
Page 12 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
Chapter
D. Decision -making
-requirements that
-Remove SDP from final approval authority
Savings in Time
9.210
authority (pg 45)
Site Development
Money
Developmen
Permits for high
t Review
density residential or
Permits
non-residential
permits with
structures greater
than one-story and
twenty-two feet in
height and within one
hundred feet of
residentially zoned
properties be
reviewed by Council is
too rigid.
Page 13 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis
TITLE 9 ZONING ORDINANCE AD Hoc Edits
9.40.0340 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas
and structures which are permitted within each residential district. The letters in the
columns beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"A": Permitted only if accessory to the principal residential use on the site.
"C": Permitted if a conditional use permit is approved.
W": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use
and if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Section 9.40.030.
"X": Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
c
°
Home
a
i
m
occupation
c
permit
�
S = Specific
plan required
o
a
T= Temporary
o
r
Use Permit
X = Prohibited
_j
o
use
�'
3
>
J
0
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family
detached dwellings
P
P
P
P
P
S
Single-family
detached patio
S
S
S
S
P
S
homes (i.e., "zero
lot -line")
Duplexes (two
units on the same
S
S
9X
S
P
P
lot)
Comment [nl]: would a PUD or PRD Permit with
Planning Commission approval be appropriate
instead of requiring a Specific Plan?
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
to
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
J
E
E
m
use
�'
(D
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family
attached dwellings
(two units per
S
S
X
S
P
P
building with each
unit on its own lot)
Townhome
dwellings (two or
more units per
S
S
X
SP
P
P
building with each
unit on its own lot)
Condominium
multifamily
S
S
X
SP
P
P
("airspace" units
Apartment
multifamily (rental
X
X
X
P
P
P
units)
Mobilehome parks
SX
6X
SX
C
C
C
and subdivisions
—
—
—
M NIPh r .
subdivisions and
nWanufactured or
prefabricated
P
P
P
P
P
X
homes on
individual lots,
subject to Section
9.60.180
._.- Comment [n2]: would a PUD or PRD Permit with
Planning Commission approval be appropriate for
first three rows instead of requiring a Specific Plan?
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
plan required
o
m
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
J
o
E
3
E
3
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Resort residential
subject to Section
GP
CP
X
CID
CID
GP
9.60.320
Guesthouses,
subject to Section
A
A
A
A
A
A
9.60.100
Second residential
units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Child day care
facilities as an
accessory use,
serving 976 or
AP
AP
AP
AP
AP
X
fewer children,
subject to Section
9.60.190
Child day care
facilities as an
accessory use,
serving 9--447 or
M
M
M
M
M
X
more children,
subject to Section
9.60.190
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
plan required
o
m
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
J
E
E
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Congregate living
facilities, 6 or fewer
P
P
P
P
P
X
persons
Congregate care
C
C
C
C
C
C
facility
Residential care
facilities, 6 or fewer
P
P
P
P
P
P
persons
Senior citizen
residences, 6 or
fewer persons;
subjestte SestieR
9.60.200
P
P
P
P
P
P
Senior group
housing, 7 or more
X
X
X
XM
GM
GM
persons, subjeGt tO
Rentio.. o 60 200
—
—
—
Time share
facilities, subject to
GM
GM
GM
GM
GM
GM
Section
—
—
—
—
—
—
9.60.2-80290
Bed and breakfast
inns, subject to
GM
GM
GM
GM
CM
GM
Section 9.65.285
Supportive
X
X
X
C
C
C
Housing
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X = Prohibited
o
J
o
E
E
0
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Transitional
X
X
X
C
C
C
Housing
Cottage Food
Operations, subject
MP
MP
MP
MP
MP
MP
to Section 9.60.115
Open Space and Recreational Uses
Public parks,
playfields and open
P
P
P
P
P
P
space
Bicycle, equestrian
P
P
P
P
P
P
and hiking trails
Clubhouses and
community
pools/Spas/cabana
P
P
P
P
P
P
s (sublect to
9.60.070
Unlighted tennis
and other game
courts on private
A
A
A
A
A
A
property, subject to
Section 9.60.150
Lighted tennis and
other game courts
on private property,
M
M
M
GM
GM
CM
subject to Section
9.60.150
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
to
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X = Prohibited
o
J
o
E
E
m
use
�'
(D
3
o
�,
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Golf courses and
country clubs per
P
P
P
P
P
P
Section 9.110.040
Stand-alone
dsriving range with
GM
GM
X
GM
GM
GM
or without lights
Stand-alone driving
C
C
X_
C
C
C
range with or
without lights
Accessory Uses and Structures
Home occupations,
subject to Section
H
H
H
H
H
H
9.60.1101
Patio covers,
decks, and
A
A
A
A
A
A
gazebos, subject to
Section 9.60.040
Fences and walls,
subject to Section
P
P
P
P
P
P
9.60.030
Satellite dishes
and other antennas
A
A
A
A
A
A
subject to Section
9.60.080
Comment [n3]: Home occupations are entirely
handled by Code Enforcement. Delete all references
and move to Municipal Code Title 87
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
iY
T= Temporary
o
3
w
c
�,
o
Use Permit
X = Prohibited
o
J
o
E
E
m
use
�'
aD
3
o
�,
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Swimming pools,
spas and cabanas,
A
A
A
A
A
A
subject to Section
9.60.070
Garages and
carports, subject to
A
A
A
A
A
A
Section 9.60.060
Keeping of
household pets,
A
A
A
A
A
A
subject to Section
9.60.120
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
plan required
o
m
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X = Prohibited
o
J
o
E
E
0
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
On lots of 1 acre or
more, the
noncommercial
keeping of hoofed
animals, fowl
(except roosters)
and rabbits,
subject to Section
9.60.120. Hoofed
animals include
A
A
X
X
X
X
horses, sheep,
goats, pot bellied
pigs, and similar.
The keeping of
horses is subject to
Section 9.140.060
and limited to one
horse per 2.5
acres.
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
J
o
E
3
E
3
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Other accessory
uses and
structures which
are customarily
associated with
and subordinate to
A
A
A
A
A
A
the principal use
on the premises
and are consistent
with the purpose
and intent of the
zoning district.
Agricultural Uses
Tree crop farming;
P
X
X
X
X
X
greenhouses
Field crop farming
P
M
X
X
X
X
Produce stands,
subject to Section
P
M
X
X
X
X
9.100.100
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and
guard offices,
M
M
M
M
M
M
subject to Section
9.60.210
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
plan required
o
m
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X = Prohibited
o
J
o
E
E
0
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Use of relocatable
M
M
M
M
M
M
building
Model home
complexes and
sales offices not
approved in
M
M
M
M
M
M
conjunction with
project SDP,
subject to Section
9.60.250
Special outdoor
events, subject to
M
M
M
M
M
M
Section 9.60.170
Parking of
recreational
A
A
A
X
X
X
vehicles, subject to
Section 9.60.130
Commercial
Filming, subject to
T
T
T
T
T
T
Section 9.210.050
Other Uses
Churches, temples
and other places of
C
C
C
C
C
C
worship
10
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
m
plan required
o
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
J
o
E
3
E
3
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Museum or gallery
displaying
sculpture, artwork
or crafts, nslading
. On
more
GM
GM
GM
GM
GM
GM
Gemmenity
Rrecreational
vehicle storage
lots,
XA
XA
X
PA
RA
RA
nensemmemalass
—
—
—
—
—
ociated with a
planned
community
Communication
towers and
equipment
C
C
C
C
C
C
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted
M
M
M
M
M
M
to existing facility)
subject to Chapter
9.170
11
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C=
Conditional
use permit
2
w
M = Minor use
'E
=
m
permit H =
2
Home
U)
a)
Ei
occupation
U)
c
a
�,
permit
w
�
-a
S = Specific
r
U)
_
plan required
o
m
D:
T= Temporary
o
3
w
c
�,
o
Use Permit
X= Prohibited
o
-j
E
E
m
use
�'
aD
3
o
>
o
=a
m
=a
m
t
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Utility substations
M
M
M
M
M
M
and facilities
Public flood control
facilities and
P
P
P
P
P
P
devices
Medical marijuana
X
—
X
—
X
—
X
—
X
—
X
—
dispensaries
Other principal,
accessory or
Director or Planning Commission to determine whether
temporary uses not
use is permitted in accordance with Section 9.20.040
listed in this table
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007;
Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord.
299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
12
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Chapter 9.80 NONRESIDENTIAL PERMITTED USES
9.80.010 Development permits required.
Table 9-4 of this chapter specifies whether a land use or structure is permitted within
a zoning district. However, in most cases development to establish a use also
requires approval of a site development permit and/or other permits as set forth in
Chapter 9.210. Consistent with the requirements of the General Plan, approval of a
specific plan is required for any development or land division in the CR district. (Ord.
284 § 1 (Exh. A) (part), 1996)
Comment [ALR4]: Changed because the RSP
overlay section has been moved.
13
TITLE 9 ZONING ORDINANCE AD Hoc Edits
9.80.0240 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in
Nonresidential Districts, following, specifies those uses and structures
which are permitted within each nonresidential district. The letters in the
columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. W": Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are
not permitted unless the planning direEterCommunity Development
Director or the planning GOMMiGGiORPlanning Commission determines that
such use is within one of the permitted use categories listed (e.g., principal
use, conditional use, etc.) in accordance with Section 9.20.040.
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
Y
R
T
R
A= Accessory use
m
a
r R
'L
o R
C= Conditional
E
m
s i
E
£
E ayi
E
use permit
C
.5
3 N
E
O 4)
O
E
E_
O
M =Minor use
E
s E
v
c)
L)
v
permit
c
c
o o
U v
o
v
in
m
O LL
4)T=
Temporary use
v
z
3
.2
permit
�
O
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Retail Uses
Retail stores under
10,000 sq. ft. floor
P
AP
P
P
AP
AP
X
P
area per business
Retail stores',
10,000-50,000 sq.
P
GP
CID
GP
X
X
X
P
ft. floor area
Retail stores', over
50,000 sq. ft. floor
GP
C
CM
X
X
X
X
X
area
Food, liquor and
convenience stores
under 10,000 sq. ft.
P
A
P
P
A
A
X
P
floor area, open less
than 18 hours/day2
14
-- Formatted Table
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
CD
c
C= Conditional
£
'E L)
t i
E
B
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
r, v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Food, liquor and
convenience stores
M
under 10,000 sq. ft.
GM
X
GM
GM
OM
X
X
floor area, open 18
or more hours/dayz
Plant nurseries and
garden supply
stores, with no
propagation of
plants on the
CID
X
CID
CID
X
X
X
P
premises, subject to
—
Section 9.100.120
(Outdoor storage
and display)
Showroom/catalog
stores, without
P
P
P
X
X
X
X
X
substantial on -site
—
inventory
General Services
Barbershops,
beauty, nail and
P
A
P
P
P
A
X
P
tanning salons and
—
similar uses
Miscellaneous
services such as
travel services,
photo deVel0PiRg,
rentd video
P
A
P
P
P
A
X
P
services, shoe
repair, appliance
repair, and similar
uses
Laundromats and
dry cleaners, except
P
X
P
P
P
X
X
M
central cleaning
—
plants
Printing, blueprinting
and copy services
P
P
P
P
P
P
X
P
Pet grooming—
P
X
P
P
P
X
X
15
Formatted T.bl.
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
CD
>_
C= Conditional
£
'E L)
c i
E
E
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
cj
m
c.)
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
without overnight
P
boarding
Office and Health Services
Banks
P
X
P
P
P
P
X
P
General and
p
XP
P
P
P
P
CID
P
professional offices
—
—
Medical offices —
physicians, dentists,
optometrists,
P
XP
P
P
P
P
X
chiropractors and
F
similar practitioners,
AAedisal
Genters/GliniG6 four
P
X
P
C
X
P
X
Surgicenters/
P
XP
P
C
X
P
X
X
medical clinics
—
Hospitals
C
X
X
X
X
X
Cr
X
Convalescent
C
X
C
X
X
X
C
X
hospitals
Veterinary
clinics/animal
hospitals and pet
CM
CM
CM
CM
X
X
X
M
boarding (indoor
only)
Dining, Drinking and
Entertainment Uses
Restaurants, other
P
A
P
P
P
X
A
P
than drive -through
Restaurants, drive-
P
A
P
XP
PX
X
X
X
through
—
—
Restaurants,
counter take-out
with ancillary
seating, such as
P
P
P
P
P
X
XA
P
yoghurt, ice cream,
—
pastry shops and
similar
16
Formatted Table
_ .. ..__ Formatted Table
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
(D
>_
C= Conditional
£
'E L)
t i
E
B
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
r, v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Micro -brewery or
wine tasting,
A
A
A
A
A
X
A
accessory to
A
restaurant or bar.
Bars-, taverRs and
cocktail lounges
C
C
C
XC
C
X
X
C
DanGiRg OF We
entpr-tainr o.+ as a
pr+nsipaluseDance
C
SEC
C
X
C
X
X
C
clubs and nightclubs
Dancing or live
entertainment as an
A
XA
GA
GA
GA
X
X
A_
accessory use
Theaters, live or
GP
X
GM
XM
GM
X
XA
motion picture
M
Tobacco shops
without onsite
smoking, as per the
P
X
GP
XP
GA
X
X
P
provisions of the
—
—
—
—
Heath and
Sanitation Code
Cigar lounges,
hookah bars, and
similar uses with
onsite smoking, as
GM
X
XM
XM
GA
X
X
M
per the provisions of
the Health and
Sanitation Code
Recreation Uses
Bowling alleys
P
P
P
X
A_
X_
X
C
Driving range
p
A
C
X
P
A
P
X
unlighted
—
—
—
—
—
—
—
BewAing Ppool or
billiard centers as a
C
SEC
C
X
C
X
X
C
principal use
Pool or billiard
tables as accessory
A
A
A
A
A
A
X
A
use (3 tables or
less)
17
Formatted Table
Formatted: Left, Indent: Left: 0"
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
Ii
w
o
CD
c
C= Conditional
£
'E L)
t i
E
B
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Game r„enhieen 11
s
s
X
or ^ (as either
o
PFORGipal aGGesseFy e)
Game machines -as
A
A
A
A
A
A
X
A
10 or fewer
Golf courses and
country clubs (see
X
GC district permitted
X
AX
X
X
GA
AX
X
uses, Chapter
9.120)
Teenio nl-ihs n
GGITIPI"es
G
A
S
X
X
A
G
Health clubs, martial
arts studios, and
dance studios, 5,000
MP
MP
MP
MP
MP
MP
AM
P
sq. ft. floor area or
less
Health clubs, martial
arts studios, and
dance studios, over
GM
GM
GM
GM
GM
GM
XM
M
5,000 sq. ft, floor
area
Libraries
P
XP
P
GP
P
P
P
P
Museum or gallery
displaying on„Inture
P
artwork OF rafts
nl union snhenln for
above
P
P
P
P
P
P
P
Arts and crafts
studios, including
P
P
P
P
P
P
P
P
classes
Parks, unlighted
playfields and open
P
P
P
P
P
P
P
P
space
Lighted playfields
X
X
X
X
X
X
C
C
Bicycle, equestrian
P
P
P
P
P
P
P
and hiking trails
P
18
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
CD
E
C= Conditional
£
.E L)
c i
E
E
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
cj
m
c.)
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Indoor pistol or rifle
X
C
X
X
X
X
X
ranges
X
Miniature
golf/recreation
C
X
X
X
GM
X
X
X
centers
Assembly Uses
Ice skating rinks
GM
XM
CM
X
XM
X
CM
X
Lodges, union halls,
social clubs and
P
sexier
GP
GP
GP
GP
X
X
GP
si#+�eacommunity
centers
Churches, temples
and other places of
GM
GM
CM
GM
X
GM
X
M
wers44ipassembly
Mortuaries and
GM
GM
GM
X
X
X
X
funeral homes
X
Public and Semipublic Uses
Fire stations
P
P
P
P
XP
P
P
P
Government offices
P
P
P
P
P
P
P
and police stations
P
Communication
towers and
C
equipment
C
C
C
C
C
C
C
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted to
M
M
M
M
M
M
M
M
existing facility)
subject to Chapter
9.170
Electrical
MX
M
MX
X
X
X
M
X
substations
—
—
Water wells and
MP
MP
MID
XP
XP
XP
MP
pumping stations
P
19
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A = Accessory use
d
li
w
o
CD
>_
C= Conditional
£
'E L)
t i
E
E
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Reservoirs and
X
X
X
X
X
X
MP
water tanks
X
Public flood control
P
P
P
P
P
P
P
facilities and devices
P
Colleges and
C
BEM
X
X
X
XM
C
universities
C
Vocational schools,
e.g., barber, beauty
GM
C
C
X
X
C
C
C
and similar
Private or charter
elementary,
C
C
C
C
C
C
C
C
intermediate and
high schools
Private
ssgeelsc,./i
G
G
G
X
G
X
G
Train, ID .1 2Xi S Rn
statiORS
G
X
G
X
G
X
G
Helicopter pads
X
X
X
X
C
X
C
X
Public or private
kennels and animal
shelters (with indoor
X
C
X
X
X
X
C
X
or outdoor pet
boarding)
r if n-e urs e s a nrl
URtFy nL bs (coo
GG d'StFin+ permitted
A
G
X
G
A
P
uses, Ghapter
9
Plri
ems`
Un4ghted
P
A
G
X
R
A
P
Tnnnio nl-ihs n
GGmple*�
G
A
G
X
G
A
G
Health nl he moh'ol
arts s+tudiees a;d
., f+ flnnr o
R
P
P
P
R
P
A
less
Residential, Lodging and Child CareChild
daycare Uses
Existing single I X 1 X
1 X 1 X 1 X 1 X 1 X 1 P
20
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
CD
E
C= Conditional
£
'E L)
c i
E
E
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
cj
m
c.)
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
family home
Townhome and
multifamily dwellinP
C3P3
C4P4
XP
XP
XP
XP
X
P
as a primary use
Residential as an
accessory use, e.g.,
caretaker
GM
GM
GM
GM
CM
GM
GM
M
residences per
Section 9.100.160
Child day-care
facilities, centers
and preschools as a
principal use,
GM
CM
CM
GM
XX
GM
GM
M
subject to Section
9.100.250 (also see
Accessory Uses)
Senior group
housing, sus
GX
X
X
X
X
X
X
M
Rooming and
GX
X
X
X
X
X
X
M
boarding houses
—
Single room
occupancy (SRO)
C
X
X
X
X
X
X
X
hotels, subject to
—
Section 9.100.270
Emergency shelters
P
P
P
P
P
P
P
X
Transitional shelters
for homeless
C
X
X
X
X
X
Cr
X
persons or victims of
—
domestic abuse
Single family
SX
X
X
X
X
X
X
residential
X
Mixed -use projects,
subject to
P
9.110.130s
resodi-nfial and
off _rGia4
SP
XP
XP
XP
XP
XP
X
RV fental-parks and
CX
X
CX
X
GM
X
X
21
Formatted: Left, Indent: Left: 0", Space
Before: 0 pt
Formatted: Not Highlight
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
(D
E
C= Conditional
£
.E L)
c i
E
E
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
cj
m
c,)
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
z
3
�
permit
v
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
OW ershiplmernbe.s
4 -per
X
Reesr4reesm&Rtial
9
x
G
x
G
x
x
Hotels and motels
GP
X
GP
X
GP
X
X
P
Timeshare facilities
PS
—
Xx
—
PG
—
XX
—
PG
—
XX
—
XX
—
P
V
(new development),
fractional ownership,
subject to Section
9.60.290T'^ shh...e
#asiiities ubjest to
SeGtoon-•' 60.290
Timeshare facilities
C
(conversions),
fractional ownership,
C
X
C
X
C
X
X_
subject to Section
9.60.290
rva'ercty ccr
M
M
AA
M
AA
M
M
AA
A..4i.ci.4ive Vehicle and Vessel
Uses5
Golf cart,
neighborhood
electric vehicle
P
P
P
xM
X
X
X
M
(NEV), and electric
—
scooter sales
n„4-eh;'e Vehicle
and vessel service
P
stations (no repair),
GP
GP
GP
GP
XP
X
X
with or without
—
—
—
—
—
minimart, subject to
9.100.240
Car washes
GM
GM
GM
X
X
X
X
X
Vehicle and
vesselAute _body
X
C
X
X
X
X
X
X
repair and painting;
transmission repair
Vehicle and vessel
C
C
C
X
X
X
X
Auto repair specialty
shops, providing
minor auto
22
Formatted: Not Highlight
Formatted: Not Highlight
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
li
w
o
(D
c
S
C= Conditional
£
'E L)
t i
E
E
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
maintenance: tire
sales/service,
X
muffler, brake, lube
and tune-up
services —net
ins4uding rna)er
repair
Vehicle and vessel
CM
GM
X
X
X
X
X
X
Auto and motorcycle
sales and rentals
Used vehicle and
vessel sales, not
associated with a
C
C
X
X
X
X
X
X
new vehicle sales
facility, as per
Section 9.100.030
Tn Gk eat'nn
.Ph*nle �tnd hn.;thn;;t
sales
b`
�'
#
#
#
x
Vehicle and vessel
Aute parts stores,
with no repair or
P
P
P
CP
X
X
X
P
parts installation on
the premises
Vehicle and vessel
X
CX
X
X
X
X
X
X
o tntr GL
storage yards, not
including
dismantling
Private automobile
parking lots/garages
as a principal use
GX
GM
CX
X
GM
GM
XM
subject to Chapter
9.150, Parking
M
Warehousing and Heavy Commercial Uses5
Wholesaling/distribut
ion centers, general
GX
P
X
X
X
X
X
X
warehouses with no
—
sales to consumers
General
G
P
X
X
X
X
X
23
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
li
w
o
CD
c
C= Conditional
£
'E L)
t i
E
B
E m
E
use permit
0
E
o N
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
warehouses, With r`
sales to
Mini-
x
ste Fagew aFPh.,1
x
x6
x
x
x
x
x
Mini -storage
Lumber yards,
outdoor (see retail
X
CM
X
X
X
X
x
stores for indoor
x
lumber sales)
Pest control services
GM
PC
x
X
X
X
X
x_
Plumbing -repair
sheps
G
g
x
x
x
x
x
Contractor offices,
public utility and
x
similar
GX
GM
X
X
x
x
CP
equipment/storage
yards
Central cleaning or
GX
CX
CX
X
xA
X
X
laundry plants
x
Felay
f��l��en�i ar"ic}crn�vo
as primary use
C
C
G
G
G
G
C
Industrial and Research Uses
Indoor manufacture
and assembly of
components or
finished products
frorn materiels s-wh
x
P
x
x
x
x
X
X
as ..le4h fiher' fur,
glass leather, stene
panes,(except
milliRg) pla-tiGo
�od
Research and
PX
P
X
X
X
CEP
X
development
x
Recording studios
PM
P
X
X
X
X
X
M
Bottling plants
X
PX
X
X
X
X
X
X
24
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
c
C= Conditional
£
-E L)
t i
E
E
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
z
3
�
permit
v
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Sinn mnL'nn e ept
enllhloc+inn
P
C'n akin
+ns4uding
endhloc+inn
wry
X
R
X
X
X
X
X
Recycling centers as
X
a primary use,
X
C
X
X
X
X
C
collection and
sorting only, subject
to Section 9.100.190
Off -site hazardous
waste facilities,
X
SX
X
X
X
X
X
X
subject to Section
—
—
9.100.230
Accessory Uses and Structures
Construction and
guard offices,
M
M
M
M
M
T
T
M
subiect to Section
—
—
—
—
—
—
—
9.100.170
Portable outdoor
"di ;vendor uses
is, �nh `leweF
as
stands hetdeg
M
M
M
M
M
M
M
M
stands e+G.�Fsubject
to Section
,9.100.4-09110
Swimming pools as
MA
AAA
XA
AA
AAA
AA
an accessory use
A
Indoor gGolf or
tennis facilities as an
AAA_
MA
AAA
XA
AA
MA
AA
A_
accessory use
Outdoor golf or
tennis facilities as an
M
M
M
M
M
M
M
M
accessory use
cinnG iihjen++e
"`�
Then+e, o 6n
w
A
A
A
A
A
A
A
Cannes en.+ walls,
subje�� ttoSeptien
A
A
A
A
A
A
A
25
Formatted: Not Highlight
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
c
C= Conditional
£
'E L)
t i
E
E
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
9A00.030
Antennas and
satellite dishes,
A
A
A
A
A
A
A
subject to Section
A
9.100.070.A.2
Reverse vending
machines and
recycling dropo—
AM
AM
AM
AM
X
X
A
M
bites subject to
Section 9.100.190
ReGyGling drepe
M
A
M
M
X
X
A
Incidental on -site
products or services
for employees or
businesses, such as
A
A
A
A
A
A
A
child day care,
A
cafeterias and
business support
uses
Other accessory
uses and structures
which are
customarily
associated with and
subordinate to the
principal use on the
A
A
A
A
A
A
A
A
premises and are
consistent with the
purpose and intent
of the zoning district,
as determined by
the director
Temporary Uses
Christmas tree
sales, subject to
T
T
T
T
X
X
T
T
Section 9.100.080
Halloween pumpkin
sales, subject to
T
T
T
T
X
X
T
T
Section 9.100.090
26
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal
Permitted use
L
Y
R
f0
A= Accessory use
d
a
w
o
(D
c
C= Conditional
£
'E L)
t i
E
E
E m
E
use permit
0
E
o °'
o
E
E=
U
a
M= Minor use
E E
t E
v
c0
m
v
permit
c
o
o o
v v
o
v
in
d
o LL
m
T= Temporary use
v
z
3
�
permit
O
>
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Stands selling fresh
produce in season,
T
T
T
T
X
X
T
T
subject to Section
9.100.100
Sidewalk sales,
subject to Section
T
T
T
T
T
T
X
T
9.100.130
Temporary outdoor
events, subject to
T
T
T
T
T
T
T
T
Section 9.100.140
guardT
subject to Sestien
9A00 8
T
$
T
T
T
T
T
Use of relocatable
building, subject to
T
T
T
T
T
T
T
T
Section 9.100.180
Holiday period
storage, subject to
M
M
M
M
M
M
X
M
Section 9.100.145
Commercial Filming,
T_
T
T
T
T
T
T
T
subject to Section
9.210.050
Other Uses
Fnrtunpteuffing and
pak:pjsj'
C
X
S
X
X
X
X
Sexually oriented
businesses, subject
C
X
X
X
X
X
X
X
to Section
9.110.080,
Medical marijuana
X
—
X
—
X
—
X
—
X
—
X
—
X
—
X
dispensaries
Other uses not listed in this table: per Section 9.20.040, "r^^*^r ^f ^'^^^Ing GOMMISSOOR t^
determine ,.blether use is permitten
Notes:
1 ,
27
TITLE 9 ZONING ORDINANCE AD Hoc Edits
(exGept lumber yards), and similar retail Unless use is specifically listed elsewhere in
this table.
2 With no consumption of alcohol on the premises.
3 If part of a mixed -use project per Section 9.80 non r 9.80 0209 140.120.
4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270.
5 Subject to Section 9.100.120, Outdoor storage and display.
6 Mini -storage warehousing operating on December 17, 2008 (the effective date of the
ordinance codified in this section), are considered legal, conforming land uses._Existing
facilities may be reconstructed if damaged, and may be modified or expanded within the
boundaries of the lot on which they occur as of December 17, 2008 with approval of a site
development permit. Any modification or expansion shall conform to the development
standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential
Development Standards.
7 Property must also be located within the SOB (sexually oriented business) overlay district.
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009;
Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005; Ord.
397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997; Ord. 299 §
1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.110 SPECIAL PURPOSE/OVERLAY. DISTRICTS
Chapter 9.120 SPECIAL PURPOSE PERMITTED USES
9.120.010 Development permits required.
Table 9-8 of this chapter specifies whether a use or structure is permitted within a
zoning district. However, in most cases development to establish a land use requires
approval of a site development permit and/or other permits as set forth in Chapter
9.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those
uses and structures which are permitted within each special purpose district. The
letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "V: Prohibited in the district.
28
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style
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-8 Permitted
Uses in Special Purpose/Overlay Districts
District,
P = Permitted use
A = Accessory use
C = Conditional
use permit
T =Temporary use
permit
X= Prohibited use
la o
c�a ';�
Y 41)
,`a d
d
m
n
'o
w
o
0
R
c
a.
0
a
°o
LL
o
m i >�
, y L
y o>
2U0
c m
2>
0 O
�'
M c
axi 3
U)00
{Q
>75
0
a
W
T
d O
�
a .y
0 o
L
3
L
Q
>
w
D
a
x
P
GC
OS
FP
HC*
SOB*
EOD*
HO*
#i#2A
MU
Land Use
E
PI
P,P
P
Open space
Public parks, lakes
P
P,
P,
P
and passive
recreation facilities
Playfields, lighted or
unlighted,
P
P
P
P
Bicycle, equestrian
and hiking trails
�C
C
Libraries and
museums
.0
A
C
C
C
Visitor centers
Clubhouses and
community
pools/cabanas
Tennis courts or
E,
A
A
A
A**
'*
29
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-8 Permitted Uses in Special Purpose/Overlay Districts
District
P = Permitted use
>,
m
A = Accessory use
;_ `m
3
C =Conditional
m
o'
>
O
`
0
use permit
a s
R
m
O
'0
O
Q
inT=
Temporary use
;�
o
Can -a
m M T
a'
m
permit
Y
w
c
-0°
y `�
.c
d
a N
M
X=Prohibited use
c`a a;o
c
o
y o>
m 3
a
� o
x
IL W
0
O
LL
2U0
!nm
W
Q2
complexes, public,
Tennis clubs or
;omplexes, privatE
3olf courses and
;ountry clubs,
ncluding
;lubhouses and
)they customary
accessory uses,
3olf courses
vithout above -
]round structures,
ncluding fairways,
3reens, tees and
jolf-cart paths,
subject to
:r 9.160,
ences and walls,
object to Section
.100.030.
atellite dish and
Cher antennas,
ubject to Section
.100.070,
emporary outdoor T,
vents, subject to
ection 9.100.040.
30
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f sll Forte
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-8 Permitted
Uses in Special Purpose/Overlay Districts
District
P = Permitted use
A = Accessory use
C =Conditional
use permit
T= Temporary use
permit
X= Prohibited use
a oo
Y�
m a;o
IL
m
o
w
0
R
c
c.
O
E
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m 3
vnm
16
O
r
ayi
a
w
O
m
0 o
Qx
3
`
Q
O
N
x
U
Commercial
Filming, subject to
T
T
T
T
T
T
T
T
T
T
Section 9.210.050
**
C
Y,
C�
Single-family
residential
Multifamily}
}4
residential,
commercial (except
sexually oriented
**
businesses), office
or industrial
development,
.*,(44
«:
**
Sexually oriented
businesses, subject
o Section
x
C
**
9.140.050
Communication
*�4
towers and
equipment
(freestanding, new
C
C
C
C
C'
C
**
towers) subject to
Chapter 9.170
Communication
**
**
towers and
equipment (co -
location, mounted to
wl
M
IMA
AMA
M
**
existing facility)
subject to Chapter
9.170
M
M
**
Electrical
substations
Water wells and
P
P
pumping stations
31
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
Table 9-8 Permitted
Uses in Special Purpose/Overlay
Districts
District
P = Permitted use
A = Accessory use
L
d
16
C = Conditional
N
N
=
O
°—' >
i
O
d
U
O
use permit
a o
R
O
a� O
Q
w
T= Temporary use
o
a
m T
1
R=
M
permit
Y L
w
c
c
y y C
= .__
4)
'y
m
X= Prohibited use
,`o m
o
C
c
= o>
axi 3
a
� o
x
as
C9
O
�
s�0
co
w
Qs
�A
M
M
Water tanks and
reservoirs
2-
Public flood control
P
P
P
P
facilities and
devices
Medical marijuana
X
—
X
—
—
—
—
—
X
dis ensaries
Other principal,
accessory or
pirector or n'e^^iRg ^e^R^Ai&Sie^Plannin
Commission to determine whether
temporary uses not
use is permitted
in accordance with Section 9.20.040
listed above
Uses are
subject to the additiGRal
requirements of the everlay
district as set
fnrth in
*
Chapter
* As permitted in the underlying base district and
base
the
on SeGtiGR
Gt Section
.tted
/2) As permitted
R underlying
'n-the Underlying base
and
diStr'.+t and .-n Cer•tion-Q
.
1401-00
/3) As perm
rlitted ip the pnd..ipn hose
distF'Gt and ip Ce..+i.,p
9.140.110
As
the base
district and SeGtioR
9.140.120
�4) permitted underlying
Allowed only if permitted in the underlying base district and only if the additional requirements
of
the HC overlay district are met (per Section 9.140.040) and a eenditien
' use permit 06 appFeved.,
j(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
32
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Chapter 9.200 GENERAL PERMITTING PROCEDURES
9.200.010 Development review process.
A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for
processing development review applications and the criteria and conditions
necessary so that an appropriate decision may be made by the city on
each such application.
B. Applicable State Law. It is intended that the provisions of this chapter shall
be consistent and in full compliance with Section 65920 et seq., and other
applicable sections of the State Government Code and that such
provisions shall be so construed.
C. Persons Who May File Applications. An application for a permit or other
action under Chapters 9.200 through 9.260 may be submitted only by a
property owner of the subject property, by an agent with notarized written
authorization from the property owner, or by a public agency.
D. Application Filing. Applications shall be filed with the planning
d8paFtMeRtCOMMunity Development Department on forms prescribed by
the director, together with: (1) all maps, plans, documents and other
materials required by the director, and (2) all required fees per Chapter
9.260. The director shall provide the necessary forms plus written filing
instructions specifying all materials and fees required to any requesting
person at no charge.
E. Legal Actions. Any action or proceeding to challenge, attack, review, set
aside, void or annul any discretionary action described in this chapter shall
be governed by the applicable provisions of the State Planning and Zoning
Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A),
1996)
F. Projects located in the vicinity of an airport. Any project proposed on a site
located within either the Land Use Plan or the noise contours of either the
Bermuda Dunes or the Jacqueline Cochran airports shall be submitted to
the Riverside County Airport Land Use Commission for review prior to
review and approval by the City reviewing authority.
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9.200.015 Preliminary Review.
ascertain anticipated conditions, requirements and costs associated with a proposal.
This allows the applicant to be informed of any potentially significant issues which
may affect any decision to pursue the project. This process offers the following
advantages:
1. Provides a comprehensive overview of city applications, fees, and other
requirements necessary to obtain protect approval, in writing;
2. Provides previous project background which can speed up the formal approval
process when the project is submitted;
3. The written information can be used as the basis for an estimate of project
costs, in order to determine a proiect's viability.
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Submittal for this process shall include completion of an application and' Formatted: Indent: Left: 0 Right: 0.01"
supplemental documentation as determined by the Community Development
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Within thirty calendar days of receipt of a preliminary development plan application, a
review letter shall be issued to the applicant, incorporating all comments received
during the review period.
9.200.020 Authority.
A. Decision -Making Authority. Table 9-23, following, specifies the decision -
making authority for each of the various actions described in this code. An
"A," "PH" or "CC" means that the official or body at the top of the column
has decision -making authority for the application. An "A" means that the
application is reviewed administratively without a public hearing. A "PH"
means that a public hearing is required before action is taken. An "R(PH)"
means that the PlaRRiRg commissionPlanning Commission is responsible
for holding a public hearing and forwarding a recommendation to the c4ty
EeuRc+lCity Council. A "CC" means that the ^sty- G m4;ci:City Council is
responsible for considering the site development permit as a consent
calendar item.
Table 9-23 Discretionary Review Authority****
PH = Decision -making body (public hearing required)
R(PH) = Recommending body (public hearing required)
A = Administrative review by director (no public hearing)
CC = Decision -making body (City Council as consent calendar
Type of Application I Decision -Making Authority
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Staff
Planning
Commission
city
6eunGilCity
Council
General plan amendment
R(PH)
PH
Zoning code amendment
R(PH)
PH
Zone change
R(PH)
PH
Specific plan
R(PH)
PH
Development agreement
R(PH)
PH
Variance
PH
Conditional use permit
PH
Site development permit (not within scope
of LQMC 9.210.010.D2)
PH
Site development permit (per LQMC
9.210.010.D2)
IPHI
CC/PH***
Minor use permit
A*
Minor adjustment
A*
Temporary use permit
A*
Home occupation permit
A**
Sign permit
A*
Sign program
PH
Subdivisions
Per city subdivision code
Planning Compliance Review
A*
Environmental review
Per city environmental review
procedures
By Community Development Director,
By director of building and safety,
PH would be if the item as not approved on CC as a consent calendar item
***"Also see Title 13, Subdivisions,
B. Administrative Action. Actions to be taken administratively per Table 9-23
pFeGeding-are those which are relatively minor in nature and with relatively
little potential for adverse impacts on the surrounding community or the
environment. A public hearing or public notification is not required for
administrative actions, although the director may notify residents or
property owners near the subject property if the director determines on a
case -by -case basis that the public interest would be served by such
notification.
C. Public Hearings. Public hearings shall be noticed and held in accordance
with Section 9.200.110 for those applications shown in Table 9-23 as
requiring a hearing. (Ord. 425 § 1, 2006: Ord. 284 § 1 (Exh. A), 1996)
9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently in ene appl'GatiGR with ene foe depesi+ so long
35
discussion
ment [n5]: should SDPs be an
inistrative process, with staff approval? (See
under 9.210.010.
Comment [n6]: May be deleted if Home Occ.
Moved to Title 11.
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as all applicable processing requirements and all required findings are satisfied. The
following rules shall apply to such combined applications:
A. When an application requiring a public hearing is combined with one not
requiring a public hearing, the combined application shall require a public
hearing.
B. The final decision on the combined application shall be made by the
highest applicable decision -making authority pursuant to Table 9-23
preceding. For example, the decision on an application combining a zone
change and a conditional use permit shall be made by theG.ty-Geua
Council.
C. The applicable fee(s) shall be collected in accordance with Chapter 9.260.
(Ord. 284 § 1 (Exh. A), 1996)
9.200.040 General permit provisions.
A. Applicability of Permits to Property. All rights granted by the approval of a
development review permit remain with the affected property and all
entitlements, conditions and requirements of a discretionary permit are
passed on to the new property owner when there is a change of ownership.
B. Enforceability of Permit Provisions. All conditions, requirements and
standards specified either in writing or graphically as part of any approval
granted by authority of this chapter shall have the same force and effect as
this zoning code. Any land use or development established as a result of
an approval which is not in compliance with all such conditions,
requirements or standards shall be in violation of this chapter, and the
enforcement provisions of the municipal code shall be applicable. (Ord.
284 § 1 (Exh. A), 1996)
9.200.050 Permit applications.
A. Acceptance of Applications as Complete. Within thirty days of receipt of a
permit application, the director shall determine whether the application is
complete and shall transmit such determination to the applicant. If the
application is determined not to be complete, the director shall specify in
writing those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete.
B. Preparation of Environmental Documents. When it is determined that an
environmental impact report or a negative declaration is required for a
proposal, the application for that proposal shall not be deemed complete
until the applicant has deposited with the planning depa tmentCommunity
Development Department sufficient funds to pay for the cost of completion
of the environmental impact report or negative declaration. The director
shall determine the amount of funds required to be deposited for the
preparation of an environmental impact report or negative declaration and
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shall advise the applicant of that amount within ten days after the
application is filed. (Ord. 284 § 1 (Exh. A), 1996)
9.200.060 Action by decision -making authority.
A. Possible Actions. The decision -making authority may take one of the
following actions on each application:
1. Approval. Simple approval of an application means that no conditions or
requirements other than those specified by the application are imposed.
After the action's effective date defined in subsection C of this section
and after approval of any required plan revisions per subsection D of
this section, the proposed land use or development may be established
in compliance with all applicable regulations and the approved project
plans and specifications.
2. Sendi#ienal Approval with Conditions. Any application may be approved
subject to compliance with conditions. Conditions may require
dedication of land, installation of improvements, the posting of financial
security to guarantee performance, design modifications or other
conditions necessary to achieve the objectives of the general plan and
this zoning code. After the action's effective date as defined in
subsection C of this section and after approval of any required plan
revisions per subsection D of this section, the proposed land use or
development may be established in compliance with all applicable
regulations, the approved project plans and specifications, and the
requirements of the conditions of approval.
3. Denial. When a conditional use permit or site development permit
application has been denied, an application for the same or a similar
use on the same property shall not thereafter be accepted for a period
of one year from the date of final determination, except that the
decision -making authority may specify that this time limitation shall not
apply. This time limitation on resubmittal of applications is not
applicable to other discretionary permits.
4. Withdrawal. With the concurrence of or at the request of the applicant,
any application may be withdrawn. When an application is withdrawn,
such action is effective immediately and is not subject to appeal.
Thereafter, such application shall be null and void and the property
shall have the same status as if no application had been filed.
B. Action in Writing. The decision on each application, including any required
findings and any other reasons that serve to explain the determination plus
all conditions of approval shall be in writing. A copy of the written
determination shall be forwarded to the applicant following the date of final
determination and shall be made available at cost to any person requesting
such a copy.
C. Effective Date. The determination of the decision -making authority by
Resolution shall be effective fifteen Garen ar days after the date
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deGioien is add and offer all appeals, if any, have been aGte d on per
Section ° 2^-00.120immediately unless appealed. Ordinances shall be
effective 30 days after second reading.
D. Tie Votes.
1. Development Review Applications. If action on a development review
application results in a tie vote by the decision -making authority, such
vote shall constitute a lost motion.
2. Appeals. When all members of a decision -making authority are present,
a tie vote on whether to grant an appeal shall be considered a denial of
the appeal. The original action shall then stand unless the decision -
making authority takes other action to further consider the matter. If a
tie vote occurs when less than all members of the decision -making
authority are present, the matter shall automatically be continued to the
next regular meeting unless otherwise ordered by the decision -making
authority.
E. Use of More Restrictive Standards. In conjunction with approval of a
development review permit, the decision -making authority may impose
more restrictive site development standards than set forth in this code in
order to make the required findings for each type of permit as specified in
Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996)
9.200.070 Time limits on processing applications.
A. Development review applications shall be processed within the time limits
specified in Chapter 4.5 of the State Planning and Zoning Law
(Government Code Section 65920 et seq.). Time periods specified in
Section 9.200.120 regarding actions on appeals shall be in addition to the
preceding Government Code time limits.
B. Incomplete Application Sunset Provisions. All applications which remain
incomplete armor inactive for a minimum six-month period shall have a
written thirty -day warning notification forwarded to the applicant by means
of certified mail or similar method. If no action is taken by the applicant
regarding the application within thirty days thereafter, the application shall
automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1
(Exh. A), 1996)
9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit
shall begin on the permit's effective date as set forth in Section 9.200.060.
The period of validity shall run pursuant to subsection C of this section.
B. Establishment. A development review permit shall be deemed established
if the following actions occur within twenty-four months of the effective date
of the approval or within such other time period designated by the
approval:
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1. In the case of a development review permit where ministerial permits
are required, such permits have been issued. In circumstances where a
certificate of occupancy is required, such certificate has been issued.
2. In the case of a development review permit where no ministerial permits
are required, the use authorized by the permit has been established. In
circumstances where a certificate of occupancy is required, such
certificate has been issued.
C. Expiration. A development review permit shall expire and be of no further
force or effect if:
1. The permit is not established within twenty-four months of the permits
effective date or such other time period designated by the permit
approval, by state law or by this code; or
2. After establishment, the use or activity for which the permit was
approved is discontinued or abandoned for a period of one year.
2-.3. If a project initiated construction but only a portion of the project
was occupied, the construction of the protect may resume without
further discretionary review only if, at a minimum, one building or use is
operational.
D. Time Extensions.
1. Upon application before expiration of the period of validity, the original
decision -making authority may grant an extension to the period of
validity for up to two years if it finds that such an extension is justified by
the circumstances of the project. The filing of an application for
extension shall stay expiration of the permit until action is taken on the
time extension by the decision -making authority unless the application
has been deemed incomplete and inactive pursuant to Section
9.200.070(B). Development Review Permits can be extended no more
than twice.
2. Projects not requiring a time extension may be constructed in
accordance with the requirements and standards in effect at the time of
permit approval provided the construction complies with all project
conditions of approval and all laws in effect at the time of the permit
approval. However, any project or permit requiring a time extension
shall conform to the requirements and standards in effect at the time
the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A),
1996)
E. Amendments to development review permits.
,41. Content of Amendments. Permit amendments are required for
substantial revisions to conditions of approval, alterations to approved
plans which are more substantial than the modifications provided for in
Section 9.200.090 new or additional land uses, or similar major
chanaes.
9-.2. Procedures. A development review permit may be amended any
number of times by the approval of a subsequent application. All permit
amendments shall be for the same parcel or property for which a
39
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
development review permit was previously approved. Amendments
shall be filed prior to the expiration of the previously approved permit in
compliance with the same filing procedures and payment of the fee
required for an amendment. Amendments shall be processed in the
same manner as an original application. (Ord. 325 § 1 (Exh. A). 1998:
Ord. 284 § 1 (Exh. A), 1996)
9.200.090 Modifications by applicant.
A. Plan Modifications by Applicant. Site development permit and Village
permit plans modified at the initiative of the applicant from those approved
by the decision -making authority may be submitted to the director.
B. Procedures. If the director determines that the proposed plan modification
is minor, will not result in a significant change in the project approved by
the decision -making authority, and complies with the spirit and intent of the
original approving action, the director may approve the modified plan
without further compliance with this section. If the director determines that
the plan modification may result in a significant change in the project, the
director shall refer the change to the original decision -making authority.
C. Criteria. Modifications by applicant shall permit minor changes to an
existing or approved site development permit er Village use permit. The
following criteria constitute minor changes that shall be deemed eligible for
modification by applicant consideration:
1. ;T;GFeases Changes in building square footage not to exceed ten
percent from the original approval that have been determined to not
result in a significant architectural, aesthetic, or visual impact to the
existing project and require additional parking;
2. Changes, additions, or adjustments to windows, window locations, or
window treatments;
3. Changes, substitutions, or adjustments to building materials, roofing
materials, screening materials, lighting fixtures, or paving;
4. Changes, additions, or substitutions to existing -approved landscaping;
incl ,ding the removal of turf or ,motor feat, row site or grading plans;
5. Minor adjustments, substitutions, or additions to architectural features
such as pilasters, canopies, trellises, shade structures, overhangs,
eaves, parapets, cornices, or portions of roof structures that do not
result in a significant effect on the overall aesthetic or architectural style
of the building;
6. Changes, substitutions, or adjustments to the approved color palette or
material colors.
Pa-. 7. Changes in residential model design.
D. Ineligibility. Modifications by applicant which have been determined by the
p :aRRiRg direste Community Development Director, planning
GO,; miss;onPlanning Commission, orb= GOU;C-4City Council to exceed
these standards or constitute a significant change shall require application
40
TITLE 9 ZONING ORDINANCE AD Hoc Edits
and approval of an amended site development permit er amended Village
use Rt. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996)
9.200.110 Public hearings.
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A. Applicable State Law. Public hearings required for development review
actions shall be carried out in accordance with the procedures set forth in
this section. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65090 et seq., of the State
Government Code and that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to State Government Code Section
65093, the failure of any person to receive notice shall not constitute
grounds for any court to invalidate the action of the decision -making
authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with
subsection D of this section and then held by the decision -making authority
prior to action on the relevant application. At the public hearing, the
decision -making authority may take action on the application, continue the
application to a specified date, or take the application under submission.
An application taken under submission may later be taken out of
submission for the purpose of taking action on the application without
scheduling a new public hearing provided no additional testimony is heard
and no further evidence is presented. Further testimony may be heard and
further evidence may be presented regarding an application taken under
submission only if a new public hearing is held in compliance with this
section.
D. Noticing Requirements. Not less than ten days prior to hearing. The city
shall:
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
1. Mail or deliver a public notice, which includes the date, time and place
of the hearing, the application number, the applicants name, the
location of the property affected, and a description of the land use,
development or other action proposed, to:
a. The owner of the subject real property,
b. The owners authorized agent, if any,
c. The project applicant,
d. Each local agency expected to provide water, sewage, street, roads,
schools or other essential facilities or services to the project,
e. All owners of real property as shown on the last equalized
assessment roll within five hundred feet of the subject real property.
If the number of owners to whom notice would be mailed is greater
than one thousand, the city may instead place a display
advertisement of at least one -eighth page in a newspaper of general
circulation; and
2. Publish a legal notice in a newspaper of general circulation or post a
notice at two public places in the city and one place at the subject site.
E. Additional Notice. The planning dire Community Development Director
may require that additional notice be given by enlarging the notification
radius or by other means determined by the director.
F. Other Notice. The city shall also provide any other notice required by law.
(Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A),
1996)
9.200.120 Appeals.
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A Appealable Decisions. Any development review action by the director may
Sale
be appealed to the Planning Commission and any
development review action by the Planning
Commission may be appealed to the Gity GGuRG4City Council in compliance
with the provisions of this section.
en shah.
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the beard of appeals feF deGiSiens by the planning ddFeGteFcolor:
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the Gity GGURGH shall Genstitute the beard ef appeals for deGiSiens by the
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GB. Persons Who May Appeal. Any interested person may appeal a
decision of the director or the pIaRRiRg ^^mm'SGRORPlanning Commission
regarding the action taken on a development review permit application for
a development project upon submittal of the required documents and
information and the payment of the required fee.
D-.C. Call -Up Review. The bead of appears —(either the pig
GOMFnission.Planning Commission or G:+%c*City Council), on its own
motion adopted by a majority vote of its total membership, may elect to call
up and review any decision of the director or the plaRRiRg
GeMM'SSiGRPlanning Commission regarding the action taken on a
42
TITLE 9 ZONING ORDINANCE AD Hoc Edits
development review permit application. The beard of appe^'cPlanning
Commission's or City Council's' call-up review shall be processed in
accordance with subsection E of this section and may be exercised at any
time prior to the expiration of fifteen days from the date on which the
decision was made.
l=_ Q. Appeal Procedures.
1. Time Limits for Filing Appeals. All appeals shall be filed with the director
within fifteen calendar days of the date on which the decision being
appealed was rendered. If the fifteenth day is a nonworking day for the
city, the appeal period shall be extended to include the next city working
day. No appeal shall be accepted after the appeal period has expired.
2. Required Documents. Each appeal, except for call-up reviews initiated
shall be in writing and shall
include all grounds for the appeal and sufficient information so as to
make it clear to the beard ef app Planning Commission or City
Council the substance of each of the grounds for appeal. The director
may require that the written appeal be accompanied by such other
documents and information that the director determines to be
necessary to adequately explain and provide proper notification for the
appeal. No appeal shall be accepted if it fails to contain the grounds for
the appeal and the description of the grounds.
3. Forwarding of Records. When an appeal has been received, the
director shall forward to the beard of appeals Planning Commission or
City Council —all documents and information on file pertinent to the
appeal together with the minutes or official action of the decision -
making authority and a report on the basis of the decision.
4. Public Hearing Requirements. If the original approving action did not
require a public hearing, the appeal review shall not require a public
hearing. If the original approving action required a public hearing, the
appeal review shall also require a public hearing. Notice and scheduling
requirements for an appeal hearing shall be the same as those for an
original hearing as described in Section 9.200.110.
5. Issues to be Considered. The beard ef appeal&Planning Commission
or City Council —may refuse to consider any issues which were not
raised by the appellant or another person either by verbal testimony or
written correspondence made at or before the time the decision -making
authority took action. When reviewing a decision -making authority's
decision via its own call-up review, the Planning Commission or City
Council beard of appeals may raise and consider any issue it deems
appropriate to the project application.
6. Action on Appeal. Not later than forty-five days after an appeal has
been received and accepted by the director, the Planning Commission
or City Council beard--ef--appeaFS shall consider the appeal and take one
of the following actions:
a. Take action to sustain, reverse or modify the original decision. If an
original decision to approve a project is modified, the Planning
43
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Commission or City Councilbeard of appeals may modify permitted
land uses, place additional or different conditions of approval on the
project, direct that revisions be made to project plans, or require
other project modifications.
b. Continue the appeal for further consideration.
c. Refer the application back to the original decision -making authority
with directions.
Majority Vote. Action by the Planning Commission or City Council beard
of appeals to reverse or modify an appealed decision shall require a
majority vote of appeal board members present. If there is a tie vote,
the original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996)
9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked
by the decision -making authority or the Gity-eeunc-4City Council pursuant to
the provisions of this section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted
or extended have been violated.
3. A change in conditions occurring after the original grant of the approval
or the continuation of the use as approved is contrary to public health,
safety or general welfare, or is detrimental or incompatible with other
permitted uses in the vicinity.
4. The findings which were the basis for the original permit approval can
no longer be made.
5. Other grounds as set forth elsewhere in this code such as, but not
limited to, those for sexually oriented businesses.
B. Procedure. Prior to any action on revocation, the decision -making authority
shall hold a public hearing noticed and held in accordance with Section
9.200.110, except that the permittee shall be given not less than fifteen
days' notice. The notice shall state the causes for which the revocation is
to be considered.
C. Action of Decision -Making Authority. Following the hearing, the decision -
making authority may revoke the permit or revoke the permit subject to
reinstatement upon compliance with the conditions of the original permit.
D. Amortization. If a revocation of any permit is ordered, the decision -making
authority may at the same time provide for a reasonable period of time to
amortize any lawful existing uses on the site. Extensions of this time period
may be granted for good cause shown on later application to the decision -
making authority by any affected person.
E. Appeal. Any action by the decision -making authority pursuant to this
section may be appealed as set forth in Section 9.200.120.
F. New Decision -Making Authority. If the decision -making authority which
granted a permit is no longer in existence or no longer issues such permits,
44
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the authority which would issue such permit at the time revocation is to be
considered shall be the decision -making authority as that term is used in
this section. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.210 DEVELOPMENT REVIEW PERMITS
9.210.010 AutheritySite Development Permits.
A. Terminology. For purposes of this code, site, architectural, lighting and
Preliminary landscape plans, related development plans, and sign
programs are included within the term site development permit.
B. Purpose. The purpose of a site development permit is to ensure that the
development and design standards of this zoning code, including, but not
limited to, permitted uses, development standards and supplemental
regulations are satisfied. The site development permit process provides a
means of achieving this purpose through city review of detailed plans for
proposed development projects. Therefore, all development authorized
under a site development permit and any land uses associated with the
development shall be in compliance with the plans, specifications and
conditions of approval shown on and/or attached to the approved permit..
C. Applicability. A site development permit is required for all projects which
involve building construction except the following:
1. Individual single-family houses and alterations to single-family houses
or associated accessory structures, unless a site development permit is
otherwise required by an applicable provision of this code or permit
condition of approval.
2. Temporary uses (requires temporary use permit per Section
9.210.050).
D. Decision -Making Authority. Site development permits shall be processed
as follows:
1. All permits shall be processed by the plaRRiFig GOFFIFFIOGGOOR Planning
Commission per this section.)
2. (Following pIaRRiRg GGMM iSSIOR Planning Commission decision, all high -
density residential and all non-residential permits with structures greater
than one-story or twenty-two feet in height and within one hundred feet
of residentially zoned properties, as measured by outer boundary of the
parcel which is the subject of the permit, shall be reviewed by the GAY
GOURG'lCity Council. If an appeal regarding the permit has been filed in
accordance with Section 9.200.120, the appeal shall be heard by the
Grty-GGUno44City Council in accordance with that section. If no appeal is
filed regarding the permit within the fifteen -calendar -day appeal period,
approval of the plaRRiRg GOMMiSSi^^Planning Commission action shall
be placed on theGrty co14FIeilCity Council's consent calendar at a
council meeting within thirty days of the planning ^^mmissienPlan ning
Commission's decision. Should any member of the city G YM4G4Ci�t r
45
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style
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color: Black
Comment [0]: Should SDPs be processed
administratively:
With public notice and Director's Hearing?
Administrative for some, Planning Commission for
others?
TITLE 9 ZONING ORDINANCE AD Hoc Edits
E.
F
Council request that the item be removed from the consent calendar, or
should the planning commissionPlanning Commission's action not be
approved as a consent calendar item, the permit shall be noticed for
public hearing before the Gity GYjnc�ICity Council. City GOURG40ty
Council's review of the item shall fully consider the application.
Precise D v e-t Per. UPOR approval, a site devel omen+ PeFMit
senstitutes—aprec+se devekepTeR+Therefore, all deveI nmon+
authorized Under a site development permit and a land uses asse Giated
with the develepment shall be iR GeMplianGe with the plans, speGifiGatiens
and conditions f approval shown on and/or ottaehe�_r_�ed_ o the approved
permit.
Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
2. Consistency with Zoning Code. The project is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4. Architectural Design. The architectural design of the project, including,
but not limited to, the architectural style, scale, building mass, materials,
colors, architectural details, roof style and other architectural elements
are compatible with surrounding development and with the quality of
design prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to,
project entries, interior circulation, pedestrian and bicycle access,
pedestrian amenities, screening of equipment and trash enclosures,
exterior lighting, and other site design elements are compatible with
surrounding development and with the quality of design prevalent in the
city.
6. Landscape Design. Project landscaping, including, but not limited to,
the location, type, size, color, texture and coverage of plant materials,
has been designed so as to provide visual relief, complement buildings,
visually emphasize prominent design elements and vistas, screen
undesirable views, provide a harmonious transition between adjacent
land uses and between development and open space, and provide an
overall unifying influence to enhance the visual continuity of the project.
DregramSTPer �SeEtien 9.16n n90 /S.in,n permit review), -m-order to
approve a planner) sign program the decision_ making authority m c+
fiRd had
a. The sign pro��oggram_ is consistent with the purpose and 'n+en+ of
b. The sign harmop„ with and visually related
46
Comment [n8]: For discussion with Ad Hoc
Committee. Staff recommends deletion.
TITLE 9 ZONING ORDINANCE AD Hoc Edits
I. All signs within the planned sign pregrarn, via the ip r�+ien
of several remmgn design elements s Ugh as materials letter
Style, GGIGFG ill rninotien sign type or sign shape '
H. The Buildings They Identify.
�+ he a,GGG lishe h�4
The 1 �. TTv*T�9 cy--rcf tFY)f— $—r�uy--per TTTPrT �Y
utilizing
�t+iliz�iny� 1 6e� , de +if n�rled the
lYCGTl g�TI'Tmaterials, S Ol�l�.r.�T—fTTViTr—fl""f Cf �G
buildiRg being identified,
Sl FFGl Rdipg De„elenmen+ Implementatien of the plenped s
ohssi ire adjacent senfermipg s
G. Appeals. Appeals to decisions on -site development permits shall be
reviewed pursuant to Section 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit is pee year from its effen+i"e
dateasdefined OR SestiGR 9z200.060 Time extensiens may
grantedshall be pursuant to Section 9.200.080.E
I. Amendments. Amendments to site development permits shall be
processed pursuant to Section 9.200.100.
J. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the site development permit.
(Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Conditional use permits
A. Purpose. The purpose of a conditional use permit or minor use permit is to
provide for individual approval or denial of land uses requiring such permits
under this code. Uses requiring these permits have potential for adverse
impacts on surrounding properties, residents or businesses. Therefore,
when such uses are approved, conditions are placed on their
establishment and operation to mitigate or eliminate such impacts. der
purpeses of this sestiep the term ' usepermil" innli Arles he+h senditienal
use and miner use permits
B. Definitions. _See Chapter 9.280.
C. Applicability. A conditional use permit or a minor use permit is required for
all land uses identified in this code as requiring such permits.
D. Decision -Making Authority. Conditional use permits shall be reviewed by
the planning ,.pmmissienPlanning Commission in conjunction with a public
hearing held pursuant to Section 9.200.110. Minor use permits shall he
PFGGessed adrrriRistrativeIythe planniRg d'reEtGF pursuant to SeGtien
9.200.020.
E. Compliance with Permit. The establishment and operation of any land use
authorized under a use permit and any development associated with the
permit shall be in compliance with the approved permit and any plans,
47
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
specifications and conditions of approval shown on and/or attached to the
permit at all times.
F. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of either a conditional use permitoF a
m innr U Pe
mi+•
1. Consistency with General Plan. The land use is consistent with the
general plan.
2. Consistency with Zoning Code. The use is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant
to Section 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080.The deG'S' ak'n authority m impose a time limitatiOR OR
li fthe use as de#i ed S�r92 080 Rd/er may
e sfa b,Ts hr�en+ r-or-R,n e� ,
establish a expiratien Ante en the u permit itself. Time extensions may
hen aRted pursuant to Section a 200 090
I. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200.4-WO80.
J. The use permit may be modified or revoked by the city counGilCitV Council,
or plonninl. ,.,,mm'SSOOnPlanning Commission, should they determine that
the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare, or materially
injurious to property, or improvements in the vicinity, or if the property is
operated or maintained, so as to constitute a public nuisance. (Ord. 489 §
1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Minor use permits
A. Purpose. The purpose of a minor use permit or minor use permit is to' Formatted: Indent: Left: 0.5", Numbered +
provide for individual approval or denial of land uses requiring such permits Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
under this code. Indent at: 0.5^
B. Definitions. See Chapter 9.280.
C. Applicability. A minor use permit is required for all land uses identified in
this code as requiring such permits.
D. Decision -Making Authority. Minor use permits shall be processed
administratively bV the Community Development Director pursuant to
Section 9.200.020.
48
TITLE 9 ZONING ORDINANCE AD Hoc Edits
E. Compliance with Permit. The establishment and operation of any land use
authorized under a use permit and any development associated with the
permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the
permit at all times.
F. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of a minor use permit:
5. Consistency with General Plan. The land use is consistent with the
general plan.
6. Consistency with Zoning Code. The use is consistent with the
provisions of this zoning code.
7. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
8. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
incurious to or incompatible with other properties or land uses in the
vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant -
to Section 9.200.120.
K. ExDiration and Time Extensions. The period of validitv for establishment or
Formatted: Indent: Left: 0.5", Numbered +
Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
time extension of a site development permit shall be pursuant to Section
9.200.080.
H. Amendments. Amendments to use permits shall be processed pursuant toy - Formatted: List Paragraph, Indent: Left: 0.5",
Section 9.200.1 OO. Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
I. The use permit may be modified or revoked by the City Council, or at: 0.25" + Indent at: 0.5°
Planning Commission, should they determine that the proposed uses or Formatted: Font. (Default) Anal, 12 pt, Font
conditions under which it is being operated or maintained is detrimental to color: Black
the public health, welfare, or materially injurious to property, or
improvements in the vicinity, or if the property is operated or maintained, so
as to constitute a public nuisance. (Ord. 489 § 1, 2011: Ord. 325 § 1 (Exh.
A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210.030 Variances.
A. Purpose. The purpose of a variance Otis to provide for deviations from
applicable standards of this zoning code such as the development
standards set forth in Chapter 9.50 and 9.90. Therefore, any development
or other activitv authorized under such a permit shall be in comDliance with
the Dlans. sDecifications and conditions of aDoroval shown on and/or
attached to the approved permit,
B. Applicability. A variance permit is required for any development which is
not consistent with applicable site development standards or other
regulations of this code and which is not eligible for consideration as a
minor adjustment pursuant to Section 9.210.040.
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color: Black
TITLE 9 ZONING ORDINANCE AD Hoc Edits
C. Decision -Making Authority. Variances shall be reviewed by the planning
Gorn Iss;o^Planning Commission in conjunction with a public hearing held
pursuant to Section 9.200.110.
D. Conditions of Approval. If a variance is approved, conditions may be
placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. PFes+se Development Plan I Inen a al a varianGe permit eenstitutes a
pre6lae deyelepmen+ plan. Therefore, any deyelep ent o ether aGtWity
+heri rJ + shall he liars h the plans,
au�ze per sec �pe�r�;��,,,�.,--p�� knee w+t�-p.�,T
approved permit.
F-.E. Required Findings. The following findings shall be made by the
decision -making authority prior to the approval of a variance +t:
1. Consistency with General Plan. The variance is consistent with the
general plan.
2. Consistency with Zoning Code. The variance is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the perms
variance application are in compliance with the requirements of the
California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity.
5. Special Circumstances. There are special circumstances applicable to
the subject property, including size, shape, topography, location or
surroundings, which, when the zoning regulations are strictly applied,
deprive the property of privileges enjoyed by other properties in the
vicinity subject to the same zoning regulations. The special
circumstances shall be specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is
necessary for the preservation of a substantial property right possessed
by other property in the same vicinity and zoning district and otherwise
denied to the subject property.
7. No Special Privileges. The variance's ems -required conditions of
approval assure that the adjustment authorized will not constitute a
grant of special privileges which are inconsistent with the limitations
placed upon other properties in the vicinity subject to the same zoning
regulations.
8. No Land Use Variance. The approval does not authorize a land use or
activity which is not permitted in the applicable zoning district.
L. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080.
50
TITLE 9 ZONING ORDINANCE AD Hoc Edits
G. The deGiSikin^ authe„ty may im ese a time —limitation r—en
establishment ofthe —variaRGe—permit, as defined in Se8 ' 9.200.080.
Time extensions may he granted pursuant to Co^#inn 9.200.080.
ki-.F. Amendments. Amendments to variance permits shall be processed
pursuant to Section 9.200.4-00080
4-.G. Staff Certification of Construction Documents. If development is
provided for under the variance permit, prior to issuance of a building
permit the director shall certify that final construction documents conform to
preliminary plans (schematic elevations, preliminary site and landscape
plans, etc.) approved as part of the variance. (Ord. 284 § 1 (Exh. A), 1996)
9.210.040 Minor adjustments.
A. Purpose. The purpose of a minor adjustment permit is to provide for minor
deviations from certain specific development standards set forth in this
code.
B. Definition. See Chapter 9.280.
C. Applicability. A minor adjustment permit may be approved only for
deviations of up to ten percent of a numerical development standard (for
example, a reduction of one foot from a ten -foot setback requirement) for
an approved or proposed map; approved or proposed development permit
review; single family home building permitor for deviations speGifiGa
mdentified in this ^„ate. Other deviations shall require consideration of a
variance pursuant to Section 9.210.030. Only one setback adjustment per
lot shall be allowed. Example —an adjustment of the front and rear yard
shall not be approved.
D. Decision -Making Authority. Minor adjustments shall be reviewed
administratively by the director pursuant to Section 9.200.020 unless
combined with another application which requires discretionary review by
the planning GOMMiSSOORPlanning Commission or ^sty G9un4City Council
pursuant to Section 9.200.030 and 9.200.090.B.
E. Conditions of Approval. If a minor adjustment is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
F. Pre^'se Development Plan Upon approval a miner adjustment permit
seastitutes a precise development plan Therefere—aAny development
authorized under such a permit shall be in compliance with the plans,
specifications and conditions of approval shown on and/or attached to the
approved permit.
G. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
51
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
2. Consistency with Zoning Code. The project is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed
pursuant to Section 9.200.120.
I. Expiration and Time Extensions. The decision_ making authority may
imnese a time limitatien OR establishment of the mFlFiRGFadj Stment n mit
as defined in SeGtien 9.200.090. Time extensions may he granted n ant
to SeGtiGR o 200 080.The minor adjustment will expire at the same time as
the primary building or planning permit.
J. Amendments to Minor Adjustment Permits. Amendments to minor
adjustments shall be processed pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1
(Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996),
9.210.050 Temporary use permits.
A. Purpose. The purpose of a temporary use permit is to regulate certain
temporary land uses and activities to ensure that adverse impacts on
surrounding properties, residents and businesses are minimized, that the
time limitations for temporary uses are specified and complied with, and
that the site of the temporary use is restored to its condition prior to
establishment.
B. Applicability. A temporary use permit is required for temporary uses
permitted under this code.
C. Decision -Making Authority. Temporary use permits shall be reviewed
administratively by the director pursuant to Section 9.200.020.
D. Conditions of Approval. If a temporary use is approved, conditions may be
placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. PFes+se Development o�. Upen appreval, a terporary use permit
Eenstitutes—a—PFeGise—develop -rent—play;. TherefGFe a_Any use or
development authorized under such a permit shall be in compliance with
the plans, specifications and conditions of approval shown on and/or
attached to the approved permit.
52
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
F. Required Findings. Findings required for approval of a temporary use
permit shall be deemed to have been made if the director determines that
the standards set forth for such temporary uses in the applicable section of
this code have been satisfied. (Ord. 284 § 1 (Exh. A), 1996)
9.210.060 Home occupation permits.
comment [n9]: May move to Title 11.
A. Purpose. The purpose of a home occupation permit is to regulate certain
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incidental and accessory home enterprises in residential neighborhoods
Style
under conditions that will ensure their compatibility with the neighborhood.
Regulations for home occupations are set forth in Section 9.60.110.
B. Applicability. A home occupation permit is required for home occupations
conducted within a residence which are accessory to the main residential
use of the dwelling and which are permitted pursuant to Section 9.60.110.
C. Decision -Making Authority. Home occupation permits shall be reviewed
administratively by the d'FeGt()F of building—and safet}FCommunity
Development Director pursuant to Section 9.60.110.
D. Conditions of Approval. If a home occupation is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. Compliance with Permit. Any use or activity authorized under a home
occupation permit shall be in compliance with the specifications and
conditions of approval shown on and/or attached to the approved permit.
Failure to comply with such specifications and conditions of approval may
result in revocation of the permit.
F —Required Findings. Findings required for approval of a home occupation
permit shall be deemed to have been made if the director of building and
safety determines that the standards set forth in Section 9.60.110 for home
occupations have been or will be satisfied. These S+andardS GORSis+ of +he
feAew+ng:
The e"stabl'sh„Telat and—GeRd6lGt of a home gEEYpatiGRshall be _____
Forma tted:Indent: Left: 0.5', Numbered+
inn'den+al and aGGessery use and shall net Ghanne the GharaGter
Level: 1 + Numbering Style: A, B, C, ... + Start
prinGipal
at: 1 + Alignment: Left + Aligned at: 0.25" +
2. Only the dwelling nit be in the he;,�
Indent at: 0.5"
residentsof may engaged
eseUpat♦en:
home n +ion shall be d i nhi the IiViRg
wi+hin
�eest����ee,,�c� era se urea
the the
of URit Gr withiR garage provided RG garage spaGe required
fer eff_street narkiRg is The home a na+fen shall ne+ e
used.
five + f the bin floor f the d
t#ap-Ewen#�„�Pefce+���ce,;,�.r�ed�area��k�eesez.,;a
53
TITLE 9 ZONING ORDINANCE AD Hoc Edits
Chapter 9.220 ZONE MAP CHANGES AND CODE AMENDMENTS
9.220.010 Zone map changes and prezoning.
A. Purpose. A zone map change is a deve'^^m^^+ review action by
the Gty-GE)upc-4City Council to change the zone designation of a property or
properties on the official zoning map. A prezoning is the zoning of property
outside the city's boundaries in anticipation of annexation into the city. For
purposes of this code, prezonings are included within the term "zone
change."
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65853 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The ^'�ty-GGunc-4City Council by a majority vote;
3. The Planning Commission by a majority vote; or
4. The ^'^^^i^^ rComm unity Development Director.
D. Review Procedures.
1. Zone changes shall be approved, approved with modifications or
denied by ordinance of the city G Ainc+4City Council after receipt of
testimony at a public hearing held pursuant to Section 9.200.110.
54
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
2. Prior to Gty--GeuRoRCity Council review, the planning
^ ^^�o„-,miss^Planning Commission shall hold a public hearing, review
the application, and forward a recommendation to the council.
3. If the council contemplates a modification to the application not
previously considered by the PIOIRRiRg ce;,,MiSSiGRPlanning
Commission, the proposed modification may be referred to the plaRRiRg
GGMFnissien.Planning Commission for report back to council. A public
hearing shall not be required for such Planning
Commission review.
E. Required Findings. The following findings shall be made by the city
GOURGK[CitY Council prior to approval of any zone map change:
1. Consistency with General Plan. The zone mats change is consistent
with the goals, objectives and policies of the general plan.
2. Public Welfare. Approval of the zone map change will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. Land Use Compatibility. The new zoning is compatible with the zoning
on adjacent properties.
4. Property Suitability. The new zoning is suitable and appropriate for the
subject property.
5. Change in Circumstances. Approval of the zone mats change is
warranted because the situation and the general conditions of the
property have substantially changed since the existing zoning was
imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
9.220.020 Zoning code text amendments.
A. Purpose. A zoning GGde—text amendment is a development review action
by the GityG0YPe44City Council to change the text and/or graphics within this
zoning code.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65853 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A code amendment may be initiated by:
1. The city ee RG4City Council;
2. The planning GeM M iGGiGR Planning Commission by a majority vote; or
3. The plaRRORg unity Development Director;
-3-4. An interested party.
D. Review Procedures. Cede Text amendments shall be reviewed under the
same procedures as zone mats changes as set forth in Section 9.220.010.
E. Required Findings. The following findings shall be made by the G4
EeURs+4City Council prior to approval of any cede -text amendment:
1. Consistency with General Plan. The code amendment is consistent with
the goals, objectives and policies of the general plan.
55
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
2. Public Welfare. Approval of the code amendment will not create
conditions materially detrimental to the public health, safety and general
welfare. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.230 GENERAL PLAN AMENDMENTS
9.230.010 Application and referral.
A. Purpose. A general plan amendment is a di^^a aFy legislative action by
the ^sty GGU„C-4City Council to change the text of the general plan or any
map or diagram of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65350 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The Gty-GGuPeilCity Council by a majority vote;
3. The planning GeFnMi^ci^^Planning Commission by a majority vote; or
4. The pIaRRiRg ,+;re^+erCommunity Development Director.
4:5. An interested party.
D. Referral of Proposed Amendments. Proposed general plan amendments
shall be referred to the persons and agencies as specified in Section
65352 of the State Government Code.
E. Frequency of General Plan Amendment.
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style
i=1. General Plan
elements specified
as mandatory in the State'
Formatted: Indent: Left: 0.75", Numbered +
Government Code
Resolution 2000-77.
may be amended
Each amendment
pursuant to City Council
may include more than one
Level: 1 li Numbering Style: 1, z, at ... +start
at: 1 +Alignment: Left +Aligned at: 0.56" +
Indent at: 0.81"
change to the general plan.
GThe limitation on frequency of amendments to the general plan set forth
in subsection (E)(1) of this section does not apply to residential
development projects with at least twenty-five percent of the dwelling
units to be occupied by persons or families of low or moderate income.
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
H-.2.
i:F.Review Procedures.
4—Gener-al Plan etemei;ts specified as mandateryin the State
2000 777 Caeh a RdmeRt May n^Iu de ere than r.^e ^haRg8 to the
^^^^moral pI1aR..
2 The limi+a+iOR OR freq UeRGY of a eRdMer,+s to the g ral plan set forth
Fn SubSeGtiGR (E)(11) of this seGtiGR deer Ret apply to side tial
development r, eGtS with at least twenty five p ea+ of the dwellk4
units +e he a ied by persons r families of lew a e.dera+e
rd. vv 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 19W
iv
56
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color: Black
TITLE 9 ZONING ORDINANCE AD Hoc Edits
1. General plan amendments shall be approved, approved with
modifications or denied by resolution of the Gity-GOupc-4City Council after
receipt of testimony at a public hearing held pursuant to Section
9.200.110. Approval or approval with modifications shall require an
affirmative vote of a majority of the total membership of the council.
2. Prior to sitSGGURGOICity Council review, the pIaRRiRg
GGFnM enPlanning Commission shall hold a public hearing, review
the application, and forward a recommendation with findings to the
council.
3. If the council contemplates a modification to the application not
previously considered by the planniRg cOMM+ssieRPlanning
Commission, the proposed modification may be referred to the
commission for report back to the council. A public hearing shall not be
required for such commission review.
Formatted: Font: (Default) Arial
Formatted: Left, Indent: Left: 0", First line:
0", Space After: 10 pt, Add space between
paragraphs of the same style, Line spacing:
Multiple 1.15 li, Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: I +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1"
8-.G. Required Findings. The following findings shall be made by the e4y' Formatted: Numbered + Level: 1 +
eel neACity Council prior to the approval of a general plan amendment: Numbering Style: A, B, C, ... + Start at:1 +
Alignment: Left + Aligned at: 0.56" + Indent
1. Internal General Plan Consistency. The General Plan amendment is at: 0.81"
internally consistent with those goals, objectives and policies of the
general plan which are not being amended.
2. Public Welfare. Approval of the General Plan amendment will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. General Plan Compatibility. In the case of amendments to the general
plan policy diagram, the new designation is compatible with the
designations on adjacent properties.
4. Property Suitability. In the case of amendments to the general plan
policy diagram, the new designation is suitable and appropriate for the
subject property.
5. Change in Circumstances. In the case of amendments to the general
plan policy diagram, approval of the amendment is warranted because
the situation and the general conditions of the property have
substantially changed since the existing designation was imposed.
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.240 SPECIFIC PLANS
9.240.010 Specific plan review.
A. Purpose. A specific plan is a detailed plan covering a selected area of the
city for the purpose of implementation of the general plan.
57
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65450 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A specific plan or specific plan amendment application
may be initiated by:
1. The Gity-GE)uR, City Council
2. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
3. The planning ^^mmissienPlanning Commission by a majority vote; or
4. The planning 're^+^Community Development Director.
D. Review Procedures. Specific plans shall be prepared, adopted and
amended in the same manner as the general plan, except that a specific
plan may be adopted either by resolution or ordinance.
E. Required Findings. The following findings shall be made by the coy
GGunGi[CitV Council prior to approval of any specific plan or specific plan
amendment:
1. Consistency with General Plan. The plan or amendment is consistent
with the goals, objectives, and policies of the general plan.
2. Public Welfare. Approval of the Specific Pfflan or amendment will not
create conditions materially detrimental to the public health, safety and
general welfare.
3. Land Use Compatibility. The specific plan is compatible with zoning on
adjacent properties.
4. Property Suitability. The specific plan is suitable and appropriate for the
subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A),
1996)
F. Substantial Conformance. The PlaRRO^^ D'Fe^+^FCommunity Development
Director shall determine substantial conformance in approved Specific
Plans with submittal of a Planning Compliance Review application.
G. Waiver of Amendments. The P!aRR'Rg DIreGtGFCommunity Development
Director has the authority to waive the need for a Specific Plan amendment
under the following circumstances:
1. when changes to the land use allocation are less than 5%,
2. when the off -site circulation pattern and turning movements will not be
altered by the proposed change,
3. when the change is considered minor in nature and does not conflict
with the purpose and intent of the Specific Plan, or
4. when no new land use is proposed.
G-. H. Density Transfers. Density transfers may occur in Specific Plans when
common area amenities and open space are provided beyond that
required by Code.
Chapter 9.250 OTHER ACTIONS
58
TITLE 9 ZONING ORDINANCE AD Hoc Edits
9.2-60250.020 Environmental review.
A. Definition. See Chapter 9.280.
B. Procedures. All discretionary applications shall be evaluated in compliance
with CEQA the CEQA Guidelines, and the citys environmental review
procedures to determine the proposals potential impacts. Examples e
potential irnppads iRG'6ide-but arm RGt limited W; Glimate any, air aiity,
sells, geelegy artd-se+s+sic+ty,hyd,eleg; biotiGreseerees, archeeleg ,
paareentnlegy and nUIt FaI FeSGU-FGeS, Iand use -'—cmRd
-health Trinin , tFaffin rrterSr�
ae�etiGS�htand glare, �Saf t" pcbliG serv'ces and atilities ,
and threatened or endangered cnonioc (Ord 284 § 1 (Exh A) (part)1996)
9.250.030 Development agreements.
A. Purpose. A development agreement is a diSnr ' legislative action by
the ^ -_4City Council to provide certainty in the review and approval
of development projects in order to make maximum efficient utilization of
resources at the least economic cost to the public, strengthen the public
planning process, encourage private participation in comprehensive
planning, reduce the economic costs of development, and provide for
public facilities and infrastructure. Development agreements shall be
prepared, reviewed, adopted, and maintained in accordance with the
provisions of this section.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65864 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Review Procedures.
1. Application Forms. The director shall prescribe the form of each
application, notice and document provided for or required under this
chapter for the preparation, processing and implementation of
development agreements. The application shall include as separate
documents by reference, the following information:
a. Duration of the agreement;
b. The permitted uses of the property;
c. The density or intensity of use of the property;
d. The maximum height and size of proposed buildings;
e. Provisions for reservation of dedication of land for public purposes;
f. Fiscal impact statement to include revenue generated to the city and
benefits received by the developer;
g. Phasing and project completion date;
h. Consistency with the general plan and any applicable specific plan.
59
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TITLE 9 ZONING ORDINANCE AD Hoc Edits
In addition to the above, the director may require an applicant for a
development agreement to submit such other information and
supporting data as the director deems necessary to process the
application.
2. Fees. The eity Geun-G4City Council shall establish and from time to time
amend by resolution a schedule of fees imposed for the filing and
processing of each application and documentation required by this
chapter. The fee may be waived in whole or in part by the coy
GounGifCity Council for affordable housing that is in conformance with
the general plan.
3. Who May Apply. An application for a development agreement may only
be filed by a person who has a legal or equitable interest in the real
property for which a development agreement is sought or the
authorized representative of such person.
4. Proposed Form of Agreement. Each application shall be accompanied
by draft development agreement in form which is mutually agreed upon
by the applicant and the city at a pre -proposal meeting. This
requirement may be met by using the city's standard development
agreement form and including specific proposals for changes in or
additions to the language of the standard form.
5. Review and Filing of Application. The director shall endorse on the
application the date it is received. The director shall review the
application and determine if additional requirements are necessary to
complete the agreement. The application may be rejected if it is not
completed in the manner required by these rules. After receiving the
required information, the director shall prepare a staff report. The staff
report shall analyze the proposed development agreement and shall
contain a recommendation as to whether or not the development
agreement proposed or in an amended form would be consistent with
the general plan or any applicable specific plan. Before processing the
application the director shall obtain the opinion of the city attorney as to
sufficiency of the applicant's interest in the real property to enter into
agreement.
6. Notice of Intention. Upon completion of the staff report required by
subsection C5 of this section, in addition to any other notice required by
law, the director shall give notice of intention to consider adoption of a
development agreement. The notice shall contain:
a. The time and place of the public hearing;
b. A general explanation of the development agreement, including a
general description of the property proposed to be developed;
c. Other information that the director considers necessary or desirable.
7. Manner of Giving Notice. All notices required by these rules shall be
processed in the manner provided in Section 9.200.110 of this code.
8. Hearing and Recommendation of Planning
Commission. The planning GGMM0660ORPlan ning Commission shall hold
WE
TITLE 9 ZONING ORDINANCE AD Hoc Edits
a public hearing on the proposed development agreement at the time
and place specified in the notice of intention. The p!aRR'Rg
GGMFn Planning Commission shall make its recommendation to the
^sty—G AipaCity Council in writing within thirty days of the date set for
the public hearing. The recommendation shall include whether or not
the proposed development agreement:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the general plan and any applicable specific
plan;
b. Is compatible with the uses authorized in and the regulations
prescribed for the land use district in which the real property is
located;
c. Is in conformity with the public necessity, public convenience,
general welfare and good land use practices;
d. Will be detrimental to the health, safety and general welfare;
e. Will adversely affect the orderly development of property or the
preservation of property values;
f. Will have a positive fiscal impact on the city.
9. Hearing by Sits GGupG4City Council. After the recommendation of the
plaRRORg GOMMiSSieRPlanningCommission or after the expiration of the
time period specified in subsection C8 of this section, the director shall
give notice of a public hearing before theGty GGYPaCity Council in the
manner provided for in subsections C6 and 7 of this section.
10. Decision by City Eeoae44City Council.
a. After it completes the public hearing and considers the
recommendation, if any, of the planning Gorn m ission Planning
Commission, theme= G A4Roi4City Council may accept, modify or
disapprove the proposed development agreement. It may, but need
not, refer the matters not previously considered by the plaRRiRg
Planning Commission during its hearing back to the
plaRRORg GOMMiss4enPlanning Commission for report and
recommendation. The plaRniRg GernFniSSiGRPlanning Commission
shall not be required to hold a public hearing on matters referred
back to it by the Gity-�,si4City Council.
b. The development agreement may not be approved unless the c4ty
GGLAn;+4City Council finds that the development agreement is
consistent with the general plan and any applicable specific plan.
11.Approval of Development Agreement. The development agreement
shall be approved by the adoption of an ordinance. Upon the adoption
of the ordinance, the city shall enter into the development agreement by
the execution thereof by the city manager.
12.Amendment and Cancellation.
a. Either the city or the applicant or successor in interest thereto may
propose an amendment or cancellation in whole or in part of the
development agreement.
61
TITLE 9 ZONING ORDINANCE AD Hoc Edits
b. The procedure for proposing and approving an amendment to or
cancellation in whole or in part of the development agreement shall
be the same as the procedure for entering into a development
agreement.
c. Notwithstanding the foregoing, a proposed amendment to a
development agreement to delete certain real property from the
terms and conditions of the agreement and sell such property to a
public entity considered by the planning commissionPlanning
Commission without a noticed public hearing so long as the
planning Planning Commission holds a properly noticed
public hearing in connection with a proposed general plan
amendment and/or zone change for such property. Upon
consideration of the proposed amendment and written
recommendation to theme= coU,GilCity Council by the planning
GOMmissionPlanning Commission, the Gity GO City Council shall
hold a properly noticed public hearing and consider the amendment
in accordance with the same procedure for entering into a
development agreement.
d. Except as expressly set forth herein, each and every provision of
this section concerning the procedures for processing and approval
of development agreements remains in full force and effect.
e. Except as provided for in subsection C14c of this section, the
development agreement may only be amended or canceled in whole
or in part by the mutual consent of all parties to the development
agreement.
13. Recordation.
a. No later than ten days after the city enters into the development
agreement, the city clerk shall record with the county recorder a
copy of the development agreement.
b. If the parties to the agreement or their successors in interest amend
or cancel the agreement, or if the city terminates or modifies the
agreement for failure of the applicant to comply in good faith with the
terms or conditions of the agreement, the city clerk shall cause
notice of such action to be recorded with the county recorder.
14. Periodic Review.
a. The s+ty GGYnGiICity Council shall review the development
agreement at least every twelve months from the date the
development agreement is entered into until expiration of the term of
the agreement.
b. The director shall give the applicant or successor in interest thereto
at least thirty days' advance notice of the time at which the G4
GE)unc+ICity Council will review the development agreement.
c. The ^sty-coa„A&4City Council may refer the matter to the plaRRiRg
4Planning Commission for further proceedings or for a
report and recommendation.
62
TITLE 9 ZONING ORDINANCE AD Hoc Edits
d. The applicant or successor in interest thereto shall demonstrate
good faith compliance with the terms of the development
agreement.
e. If, as a result of such periodic review, the ^sty GE)uPG4City Council
finds and determines, on the basis of substantial evidence, that the
applicant or successor in interest thereto has not complied in good
faith with the terms or conditions of the development agreement, the
city counGilCity Council may commence proceedings to enforce,
modify or terminate the development agreement.
15. Modification or Termination.
a. If, upon a finding under subsection C14e of this section, the Goy
seLAn;ACity Council determines to proceed with modification or
termination of the development agreement, theme= coa,,Gi1C
Council shall give notice to the applicant or successor in interest
thereto of its intention to do so. The notice shall contain the time and
place of the hearing.
b. At the time set for the hearing on the modification or termination, the
^sty GGunGiICity Council may refer the matter back to the planning
sem iss. Planning Commission for further proceedings or for
report and recommendation. The decision of the ^sty- YUROCity
Council shall be final. (Ord. 284 § 1 (Exh. A) (part), 1996)
63
Title 8- Buildings and Construction Procedural Improvements (La Quinta Municipal Code)
Title 8; Chapters 8.13 and 8.80
Development Code Tune Up Draft Recommendations Analysis
Highlighted text relates to streamlining change
• 7
8.13.030.
Applicability of
Turf reduction plans
-Clarify inapplicability to SFD homesites Savings in time
A
landscaping review
subject to full review
-Make section inapplicable to turf reduction $ savings
process/application
plans
8.13.030.E
Clarify submittal
Text not tied to actual
-Change text to cite application
items
application requirement
Due to upcoming revisions to CVWD Model Ordinance; no further changes are proposed to Chapter 8.13 as they may conflict. However, most of
the remaining landscape code requirements are technical and do not impact potential for streamlining.
8.80.050
Bonding
N/A - Clean-up only
Minor clean-up language related to current
Update and
Grading
requirements
bond requirements
clarification
Bonds
Page 1- Development Code Tune- Title 8 Draft Recommendations
Title 8 Buildings and Construction Ad Hoc Edits
8.13.030 Provisions for new or rehabilitated landscapes.)
A. Applicability.
1. Except as provided in subsection (A)(3) of this section, this section shall
apply to:
a. All new construction and rehabilitated landscaping for private, public,
commercial and governmental development projects; and
b. All new construction and rehabilitated landscaping in single-family tracts
and multifamily projects.
2. Projects subject to this section shall conform to the provisions in this section.
3. This section shall not apply to:
a Rena GRt herne.,wner_pr.,yided and/er hoFne ,W.,or_hired Iand6GaPiRg of
Ssingle-family residential landscaping projects on individual
lots/parcelswith a total project landscape area less than five thousand
square feet;
b. Homeowner -provided landscaping within individually -maintained patio
areas, courtyards, or private gardens at a condominium, townhome, or
similar multifamily project;
b.c. Turf-reduction/replacement landscaping projects, with no new or
expansion of existing landscaped area(s) involved;
Ed. Registered local, state, or federal historic sites;
cue. Ecological restoration projects that do not require a permanent
irrigation system;
e.f. Mined -land reclamation projects that do not require a permanent irrigation
system;
f�g_Plant collections, as part of botanical gardens and arboretums open to
the public.
B. Final Landscaping Plan Application Submittal PaskageReguirements.
1. Each final landscaping plan submittal shall include the following elements:
a. Water conservation concept statement;
b. Calculation of the maximum applied water allowance;
c. Calculation of the estimated applied water use;
d. Calculation of the estimated total water use;
e. Landscape design plan;
f. Irrigation design plan;
g. Grading design plan; and
h. Soil analysis.
2 Five Copies of fhoThe final landscaping plan submittal Gonf„rrr iRg to thin
ehapteraapplication shall be submitted to the city in accordance with the
requirements and information as stipulated on the City application form. No
permitCiit-aapproval shall be issued until the city and the local water purveyor
FGVie 6 and approveshave reviewed and accepted the landscape
documentation package. Prior to preparatiOR and subMOGG'OR of the final
Comment [WN1]: Much of this Section will
need revision based on the new draft CVWD
revised model ordinance
Title 8 Buildings and Construction Ad Hoc Edits
Iar dSGar 'Rg plaR submittal, .with the e PtiOR of rehabilitated eF heme-
nwner provided landscaping, the preliminary landscape design shall half
applicable, the final landscape plan submittal shall substantially conform to
the proiect's preliminary landscape plan as approved by the g
Planning eemmi&&ienCommission.
3. A copy of the approved final landscaping plan submittal shall be provided to
the property owner or site manager along with the record drawings and any
other information normally forwarded to the property owner or site manager.
C. Elements of Final Landscaping Plan Submittal.
Chapter 8.80 GRADING
8.80.010 Purpose and intent.
A. Generally. The purpose of this chapter is to safeguard life, limb, health, property and
public welfare by establishing minimum requirements for regulating grading and
procedures by which these requirements may be enforced.
B. Scope. No person shall make, alter or maintain any excavation or fill except as
provided by this chapter.
Exception: The provisions of this chapter shall not apply to the following:
1. Work accomplished under the auspices of land owned and controlled by the
United States of America or by the State of California.
2. Work in a public right of way, drains and drainage structures constructed by or
under contract with the city or county flood control district unless the structure
forms a portion of the support for a building or a structure coming within the
jurisdiction of the building and safety department.
C. Permissive Provisions. The permissive provisions of this chapter do not waive, and
shall not be presumed to waive, any limitations imposed by other statutes or ordinances
of the state or city.
D. Limitations. If two or more pertinent limitations are not identical, those limitations
shall prevail which provide the greater safety to life, limb, health, property, and public
welfare.
Comment [WN2]: Per Comment 1, no
changes to 8.13.030.0 and subsequent
sections are proposed so they are not included
here. The new CVWD ordinance will need to be
incorporated which will replace the remainder
of this Section.
Title 8 Buildings and Construction Ad Hoc Edits
PFGjeGt; the type Of UR!t SeleGted must be used eXGIUS*Vely thrGugheut that projeGt !R
8.80.050 Grading bonds.
A. Requirements. A permit will not be issued for excavation or fill of more than five
hundred cubic yards (three hundred eighty cubic meters) in hillside areas, more than
one thousand cubic yards (seven hundred sixty cubic meters) in other areas, or for any
work which requires retaining walls, until the permittee shall post with the city engineer a
bond for the benefit of the city. The bond shall be executed by the owner and a
corporate surety authorized to do business in this state as surety in an amount sufficient
to cover the cost of the project, including corrective work necessary to remove and
eliminate geological hazards. All bonds shall be in a form acceptable to the city
engineer.
Exception: The city engineer may waive the requirement that a bond be posted before a
permit is issued as provided in this section if the city engineer determines that no
potential hazard would exist if the grading is not completed.
B. Cash or Deposit Agreement in Lieu of Bond. In lieu of a surety bond the applicant
may file a deposit agreement or deposit cash with the city engineer upon the same
terms and conditions and in an amount equal to that which would be required in the
surety bond. The deposit submitted with the cash bond may be in the form of cash or
negotiable United States securities. The deposit agreement shall be on forms approved
by the city engineer.
C. Application of Bond to Adjacent Property. Where grading is required on property
adjacent to the grading site under permit to complete a project satisfactorily, written
consent must be obtained from the adjacent owner and a copy of the written consent
submitted to the city engineer prior to commencement of grading on the adjacent
property. The owner of such adjacent property need not provide an additional grading
bond, if the original is of sufficient amount to include such additional grading.
D. Conditions of the Bond, Deposit Agreement, or Cash Deposit. Every bond, deposit
agreement or cash deposit shall be conditioned that the permittee shall:
1. Comply with all of the provisions of this chapter and all other applicable laws
and ordinances.
2. Comply with all of the terms and conditions of the permit for excavation and fill
to the satisfaction of the city engineer.
E. Period and Termination of Bond, Deposit Agreement, or Cash Deposit.
Title 8 Buildings and Construction Ad Hoc Edits
1. The term of each security shall begin upon the date of filing with and shall
remain in effect until the completion of the work to the satisfaction of the city
engineer, plus an additional period of one year. Such completion shall be evidenced
6eid Ger-tifiGate-by inspection and acceptance of the work by the City Engineer or
Designee. In the event of failure to complete the work and failure to comply with all
of the conditions and terms of the permit, the city engineer may order the work to be
completed as required by the permit and to the satisfaction of the city engineer's
office. The surety executing such bond or such deposit, shall continue to be firmly
bound under a continuing obligation for the payment of all necessary costs and
expenses that may be incurred or expended by the city in causing any and all of
such required work to be accomplished and that said surety or the depositor assents
to any lawful extensions of time within which to construct and complete such work.
In the case of a cash deposit or deposit agreement, any unused portion shall be
refunded to the permittee.
2. After the work has been completed to the satisfaction of the city engineer, the
city engineer may release or exonerate the bond, deposit agreement, or cash
deposit earlier than the additional one-year period if the city engineer determines
that the public health and welfare is not jeopardized. In no case shall the security be
released earlier than four months after the grading work has been completed to the
satisfaction of the city engineer.
F. Amount of Security. The amount of the security shall be based Upon the
estimated GGSt PILIS tWeRty PeFGent, as determined by the number Of G61b'G yards of
material i either a iatien er fill whinheyer is the greater o nt Rd shall
protective devices as „ lawfully her rent (Ord 406 § 1 200 determined by
the method outlined in Enaineerina Bulletin #04-09. which is available via the Citv
website at www.la-guinta.org.
Title 13- Subdivision Regulations (La Quinta Municipal Code)
Development Code Tune Up Draft Recommendations Analysis
*Highlighted text relates to streamlining or significant change for discussion by Ad -Hoc Committee
Code
Review
I nefficiency/Cha lie nge
Possible Improvement
Outcome
Section•
•
13.04.060
Decision
Reduce layers of review for
Revise review table to limit PC and CC
Savings in time
Review and
authority on
map applications
review of mapping actions, except where
$ savings
Approval
tentative maps
maps filed with other applications require
Authority
(pg 2)
those reviews.
13.04.070
Add review
No procedures for TTM
Add definitions to allow for Revised TTM
Defines action to
Definitions
type definitions
revisions or substantial
and Substantial Conformance processes
establish process
(pg 4)
conformance
Chapter
Subdivision
Outdated
Delete Chapter and reserve Chapter
None - process
13.08
process
number
defined in Chapter
Subdivision
flowchart (pg
13.12
Process
10)
13.12.050
Clarify
Clean-up / update
Consistency with application forms and
Savings in time
Application
requirements
current procedures
materials
(pg 11)
13.12.120
Requires
Unclear and redundant as
Delete Section as application and General
Savings in time, $
Special
cultural and bio
applications vary
Plan sets for the requirement to address
studies
studies (pg 12)
studies
13.12.120
Add process for
Current ordinance does not
Add Section on procedure for revised
Flexibility
(New)
revised maps
allow for revision to approved
tentative maps
Time
Revised
tentative maps
$ savings
tentative
maps
13.12.140
Process for map
N/A - Clean up only
N/A
N/A
Appeals
action appeals
(pg 12)
13.12.150
Establish
N/A - Update and clarify
Current state provisions allow initial 3 year
Time
Term of
validity of
approval term, while current code cites 2
$ savings
tentative
tentative map
year term
maps
(pg 13)
Page 1— Development Code Tune Up —Title 13 Draft Recommendations
13.12.160
Establishes time
Ordinance not reflective of
Allow longer extension terms and flexibility
Time
Extensions of
extension
current state allowances
in granting those terms.
$ savings
time for
process (pg 14)
tentative
maps
13.12.170
Establish
Ordinance does not codify
Codifies the current process and clarifies it
Flexibility
Substantial
substantial
current use of a substantial
as a Public Works preocedure, allowing
Time
conformance
conformance
conformance through Public
flexibility by granting discretion to PW in
$ savings
with
process (pg 15)
Works.
applying the process
tentative
map
Chapter
N/A (pg 16)
Minor clean up to language in
13.20 FINAL
13.20.020 and 13.20.130
MAPS AND
PARCEL MAPS
13.24.070 and
Sets street design
Section reflects prior General Plan
Delete Table 13.24.070, and replace with
Potential time
080 - Street
standards (pg 17)
geometries
general reference to current General Plan.
savings
design
Update table in 13.24.080.
$ savings in
correcting conflict
13.24.090
References image
Section reflects prior General Plan
Update per current GP
Potential time
Image
corridors (pg 18)
language
savings
corridors
$ savings in
correcting conflict
13.24.130
References
Section reflects prior General Plan
Update per current GP
Potential time
Landscaped
landscape
language
savings
setbacks
setback
$ savings in
requirements (pg
correcting conflict
19)
13.32.020.0
Limits
Unclear at this time
Proposes including Village Commercial and
Unclear at this time
Lot line
adjustments
Major Community Facility zoned property to
adjustments
within a 6 month
allowed exception for commercial districts
period on
residential zoning
(pg 21)
13.48.050
Determines park
Section to be updated consistent
State mandate to be consistent with General
Increase park and dedication
Formula for
fee or land
with current General Plan, which
Plan
to be required
dedication of
dedication
now requires 5 acres/1000
land
required of new
population in lieu of 3 acres
subdivisions (pg
21)
Page 2 — Development Code Tune Up —Title 13 Draft Recommendations
Page 3 — Development Code Tune Up —Title 13 Draft Recommendations
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.04 BASIC PROVISIONS
13.04.010 Purpose.
This title is adopted pursuant to Sections 66410 — 66499.58 of the Government Code
to provide the city with legal authority for the review and processing of proposed
subdivision, reconfiguration and/or consolidation of real property. (Ord. 272 § 1, 1995)
13.04.020 Applicability.
This title shall apply to the subdivision, reconfiguration and consolidation of land within
the city. (Ord. 272 § 1, 1995)
13.04.030 Authority.
The provisions of this title are adopted pursuant to, are intended to be used in
conjunction with, and are to be construed in light of, the provisions of the Government
Code. Whenever adherence to the provisions of this title would constitute a violation of
state and/or federal law, the provisions of state and/or federal law shall take
precedence. (Ord. 272 § 1, 1995)
13.04.040 Advisory agency.
The planning direG Community Development Director is designated an "advisory
agency" under state law for the purposes of:
A. Investigating and preparing reports to the planning commission on the design and
improvement of subdivisions;
B. Approving, conditionally approving or disapproving tentative parcel maps.
C. Approving, conditionally approving or disapproving amending of final maps. (Ord.
356 § 1, 2001; Ord. 272 § 1, 1995)
13.04.050 Conformance with existing city plans and development criteria.
A. All land divisions shall conform with the general plan of the city, with all applicable
specific plans, with the requirements of the land use ordinance and other ordinances,
with the requirements of this title except as hereinafter provided, and with the State
Subdivision Map Act, all as may be revised from time to time.
B. Exceptions from the requirements of this title relating to the design or improvement
of land divisions shall be granted only when it is determined that there are special
circumstances applicable to the property, such as, but not limited to, size, shape or
topographical conditions, or existing road alignment and width, and that the granting of
TITLE 13 SUBDIVISIONS AD HOC EDITS
the modification will not be detrimental to the public health, safety, welfare, or other
property in the vicinity.
C. Applications for exceptions shall be made, in writing, stating fully the reasons and
justification for the requested exception, and shall be filed with the tentative map. (Ord.
272 § 1, 1995)
13.04.060 Review and approval authority.
The authority for review and approval of subdivisions and related land actions is set
forth in Table 13-1. as follows:
Formatted Table
Tentative map extensions
City sta
Other ro sible agenGies-
City council
2
DID Rg n4
2
TITLE 13 SUBDIVISIONS AD HOC EDITS
Table 13-1 Review and Approval Authority
PH = Decision -making body (public hearing required)
R(PH) = Recommending review body (public hearing required)
A = Administrative review by Community Development Director (no PH)
CC = Decision-makinq body (City Council as consent calendar item)
Decision -Making Authority
Type of Application Staff Planning I City
Commission I Council
Vesting Tentative maps R(PH) PH
Tentative maps PH
Revised Tentative maps PH
Tentative Parcel maps PH
Tentative map extensions A'
Final and Parcel maps CC
3
TITLE 13 SUBDIVISIONS AD HOC EDITS
Waiver of Parcel map
Reversion to Acreage
Lot Line Adjustments
Parcel Mergers
Amending Final maps
Substantial Conformance - Tentative maps
Environmental review
PH
PH
A
A
PH
A**
Per city environmental review
procedures
By Community Development Director
** By Public Works Director
Community Development Director may only consider extensions if there are no
proposed changes to the tentative map.
41RIannong GOMmission shall review tentative traGt map when Gity GGunGil is the appr
authority.
a
traei map.
(Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995)
13.04.070 Definitions.
As used in this title:
"Access/egress" means the ability to enter a site from a roadway and exit a site onto a
roadway by motorized vehicle.
"Alley" means a secondary means of access to property and is located at the rear or
side of the property. Minimum right-of-way width shall be twenty feet.
0
TITLE 13 SUBDIVISIONS AD HOC EDITS
"Approved," when used to refer to a tentative map or other subdivision or
reconfiguration action having received the consent, endorsement or permission of the
city or any advisory agency thereof, means and includes those maps or actions which
have been "conditionally approved."
"Archaeological" means that which relates to the material remains of past human life,
culture or activities.
"Caltrans" means the California Department of Transportation.
"Census" means the official decennial enumeration of the population conducted by the
federal government.
"CEQA" means the California Environmental Quality Act.
"City" means the G4City of La Quinta and/or its employees.
"Civil code" means the Civil Code of the stateState-of California.
"Consistent" means free from variation or contradiction. Programs in the general plan
are to be consistent, not contradictory or preferential. State law requires consistency
between a general plan and implementation measures such as the subdivision
ordinance.
"Covenants, conditions and restrictions" (CC&Rs) means a document which describes
restrictive limitations that may be placed on property and its use, and which usually are
made a condition of holding title or lease.
"Cul-de-sac" means a street open at one end only, with special provisions for turning
around. Further extension of a cul-de-sac is precluded by the land division design.
"Design" means and includes the following features: (1) street alignments, grades and
widths; (2) drainage water, and sanitary sewer facilities and utilities, including
alignments and grades thereof; (3) location and size of all required easements and
rights -of -way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic
access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9)
such other specific physical requirements in the plan and configuration of the entire
subdivision as may be necessary to ensure consistency with, or implementation of, the
general plan or any applicable specific plan.
"Detention basin" means a facility constructed to temporarily retard stormwater runoff
from entering downstream drainage facilities. Water is slowly released through an outlet
structure at a rate that will not exceed the carrying capacity of the downstream channel.
Detention basins are often planted with grass and used, in dry weather, for open space
or recreation areas.
TITLE 13 SUBDIVISIONS AD HOC EDITS
"Development" means the uses to which the land which is the subject of a map shall be
put, the buildings to be constructed on it, and all alteration of the land and construction
incident to them.
"Development right" means the right to develop land by a landowner who maintains fee -
simple ownership over the land or by a party other than the owner who has obtained the
rights to develop. Such rights usually are expressed in terms of density allowed under
existing zoning. For example, one development right may equal one unit of housing or
may equal a specific number of square feet of gross floor area in one or more specified
zone districts.
"Easement" means the fight to use property owned by another for specific purposes or
to gain access to another property. For example, utility companies often have
easements on the private property of individuals to be able to install and maintain utility
facilities.
"Final map" means a final tract map.
"Finding(s)" means the result(s) of an investigation and the basis upon which decisions
are made. Findings are used by city employees and decision -making bodies to justify
action taken by them.
Flood, One -Hundred -Year. "One -hundred -year flood" means the magnitude of a flood
expected to occur every one hundred years, on average, based on historical data. The
one -hundred -year flood has a one in one hundred, or one percent, chance of occurring
in any given year.
"General-plar4Plan" means the general plan of the Csity of La Quinta, as adopted and
amended pursuant to Section 65302 et seq. of the Government Code.
"Geologic analysis" means the analysis of geologic hazards, including all potential
seismic hazards, surface ruptures, liquefaction, landsliding, mudsliding and the potential
for erosion and sedimentation.
"Government Code" means the Government Code of the Sstate of California.
"Improvement" means any street work and utilities to be installed, or agreed to be
installed, by the subdivider on the land to be used for public or private streets,
highways, and easements, as are necessary for the general use of the lot owners in the
subdivision and local neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final map. It also refers to any other specific
improvements or types of improvements, the installation of which, either by the
subdivider, by public agencies, by private utilities, by any other entity approved by the
TITLE 13 SUBDIVISIONS AD HOC EDITS
local agency, or by a combination of them, is necessary to ensure consistency with, or
implementation of, the geneFaHa4RQeneral Plan or any applicable specific plan.
"Improvements" shall either be "Private Improvements," which retained by the
subdivider, the lot owners, and/or an association of owners within the subdivision, or
"Public Improvements," which are intended to be owned by, or dedicated to, the city or
another public agency.
"Parcel map" means a final parcel map.
"Parkway" means the area adjoining the outer edge of the roadbed, extending to the
right-of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities
may be located.
"Pro rata" means the proportionate distribution of something to something else or to
some group, such as the cost of infrastructure improvements associated with new
development apportioned to the users of the infrastructure on the basis of projected
use.
"Restrict" means to check, bound or decrease the range, scope or incidence of a
particular condition.
"Retention basin" means a facility constructed to prevent stormwater from entering
downstream drainage channels. The water is retained until it percolates into the ground
and helps recharge the natural water table. Retention basins are often planted with
grass and used, in dry weather, for open space or recreation areas.
"Revised Tentative map" means a revision to a valid approved tentative map and/or its
approval conditions, wherein the design and/or improvements of the tentative map are
modified from that of said aDDroved tentative man. but with no substantial chanae in
concept from the approved tentative map, as determined by the Community
Development Director.
"Right-of-way" means the entire width of property used for highways, flood and
drainage works, overhead and underground utilities, or any related improvements.
"Shall" means that which is obligatory, necessary or mandatory.
"Slope" means land gradient described as the vertical rise divided by the horizontal run,
and expressed in percent.
"Specific plan" means a plan adopted by the GityGOupCity Council that is based upon
the G*City of La Quinta genera;-p: Qeneral Plan and is consistent with Section 65450
et seq. of the Government Code.
TITLE 13 SUBDIVISIONS AD HOC EDITS
"Storm runoff" means surplus surface water generated by rainfall that does not seep into
the earth but flows overland to lower elevations.
Street, Collector. "Collector street" means a two-lane street improvement within a si ty-
feur to seventy fouF feet right-of-way with a ahie width as specified in the General
Plan circulation element. Collector streets are designed for both mobility and access to
adjacent property and often provide on -street parking. Collector streets generally serve
shorter trips within neighborhoods and access to higher -level streets. Designation of
collector streets in the City of La Quinta are set forth in the General Plan circulation
element.VVest aFd HE) flr'ye is an example .,f a neiientnr street withiR the Gity 0
Quinta.
Street Improvements, Full -Width. "Full -width street improvements" means pavement,
curbs, gutters, sidewalks, medians, traffic -control devices, pavement markings, and
other improvements required by Chapter 13.24, the La Quinta general planGeneral Plan
circulation element and the city engineer.
Street, Local. "Local street" means a two-lane street within a sixty foot right-of-way with
a variable width of thirty-six to forty feet between curb faces. All renaainingother
roadways which do not fit within the arterial or collector classifications are local streets.
The local street system is designed for access to abutting properties and the movement
of traffic is of secondary importance.
Street, Major Arterial. "Major arterial street" means a six -lane street improvement within
a ene hundred twenty feet right-of-way width as specified in the General Plan circulation
element,ni^et foot width between urh faE)es .with oeighteen feet wiand
includes a raised center median to separate opposing traffic flows and restrict access to
adjacent properties. Major arterial streets are designed to provide a high level of
mobility for very large traffic volumes and generally serve trips of several miles or more,
including pass -through traffic. Major arterial streets link major activity centers within the
community and provide direct connections to the regional roadway system. Wao
Street leffeFson Street and Fred Waring nri„e a example&Designation of major
arterial streets in the city -City of La Quinta are set forth in the General Plan circulation
element. Highway 111 is atse-classified as a major arterial, but has
seventy two foot variable right-of-way and varying improvement widths as
established by the GalifGFRia Department of TraRSPE)rtat set forth in the General Plan
circulation element.
Street, Primary Arterial. "Primary arterial street" means a four -lane street improvement
within a right-of-way width as specified in the
General Plan circulation element, seventy-six to eighty-six feet in width between curb
faces, having -and includes a raised center median twelve to eighteen feet in wi ++h to
TITLE 13 SUBDIVISIONS AD HOC EDITS
separate opposing traffic flows and restrict access to adjacent properties. The primary
arterial is designed to provide mobility for high traffic volumes, to provide continuity
through the city, and generally serve trip lengths of one or more miles. Designation of
Primary arterial streets in the City of La Quinta are set forth in the General Plan
circulation element. Moles Avenue, Avenue 50 and E'senhewer Drive , examples of
primary arterial streets On the city of La Quanta.
Street, Private. "Private street' means a privately maintained street within a private
development or a planned residential development.
Street, Secondary Arterial. "Secondary arterial street' means a four -lane street
improvement within an eighty eight feet -a right-of-way width as specified in the General
Plan circulation element.six+„_feur feet Wide between GYrh tease. The secondary arterial
is designed for mobility, to provide continuity through the community, and generally
serves trips of a mile or more. Secondary arterial streets generally border
neighborhoods and offer access as a secondary consideration. Designation of
secondary arterial streets in the City of La Quinta are set forth in the General Plan
circulation element. Adams Street, Dune PaIMS and Avenida Bermudas south f
Avenue 52 are pies of se Gendar„ arterial streets in the pity Of La Quinta
"Subdivision" means the division of any unit or units of improved or unimproved land, or
any portion thereof, shown on the latest equalized county assessment roll as a unit or
as contiguous units. Property shall be considered as contiguous, even if it is separated
by roads, streets, utility easements or railroad rights -of -way. This definition also refers to
a condominium project, a community apartment project, or the conversion of five or
more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d)
and (m) of Section 1351 of the Civil Code.
"Subdivision Map Act" means Sections 66410 to 66499.58, inclusive, of the Government
Code of the state of California as may be revised from time to time.
"Substantial Conformance" means minor modification(s) to a valid approved tentative
map, which involve changes to map characteristics such as lot lines, shapes,
dimensions, size, etc; changes to street widths or grades, grading criteria, pad
elevations, and other similar characteristics that do not change the basic design and
improvements required of the approved tentative map and the conditions thereof.
"Tentative map" and "tentative parcel map" mean a map designed to illustrate the
concept of a proposed subdivision and how it interfaces with existing conditions and
surrounding uses. Tentative maps need not be based upon an accurate or detailed field
survey of the property.
TITLE 13 SUBDIVISIONS AD HOC EDITS
Comment EWN11: Delete this entire section
13.08.010 Diagram.
The La Quanta subdivision prOGessshall he as fellow-&
• wn
snr... k
we a•�'
a..
l`21TI§a
M�anl�
YrY�ra
i._.
i� e�ol
w KnR'
�a
i
L.c pes. M
Arh
�A
aY.1r W
Ate.
ti.uw
Fw
W�
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ypwY
�I`1
�arw
ae_> iwr
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urvrse r
SST I�r
10
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.12 TENTATIVE SUBDIVISION MAPS
13.12.040 Filing of tentative maps.
Tentative maps shall be filed with the planniRg departr en+Community Development
DepartmentCommunity Development Department. The city may by resolution establish
a filing fee schedule for the processing of final maps. (Ord. 272 § 1, 1995)
13.12.050 Application materials.
The following application materials shall be submitted with each proposed subdivision:
,-The city tentative subdivision map application form;
A.
tB—
B. A public notification package must be submitted to the Community Development
Department and shall include a scaled map or Assessor's Map showing all
properties within a minimum 500-foot radius of subject property, a typed list of all
Property owners and their mailing address within a 500-foot radius, and all
residents/tenants of said properties, and a typed list of the residents that reside
contiguous to the subject property. The package shall include 3 sets of typed,
self-adhesive, address labels for the above property owners and residents, as
well as application contact persons. The list and map must be prepared with a
wet signed or notarized certification by a title company, the Riverside County
Assessor, or a licensed architect, engineer, or surveyor.
A five hURdFed feet Fadius map exhibit, dFaWR te sGale, Wh'Gh displays these
properties within five hundred foot of the subdivision boundaries anof whioh
identifies thenarnes of the affented n perky GWRers s listed in the latest
updated s my equalized tax rolls;
ThFee sets of self adhesive FnailiRg labels and E)Re PhOtE)GOPY Of th8 RaMeS and
addresses of these property ow;Terwithinfive feet of the sy bdiyisien
-,-R,o- �n �4�dred -�
b9URdaaF)
C. A completed copy of the city environmental information form and environmental
filing fee, if the tentative map is determined to be subject to CEQA.
D. Twenty she requisite number of copies of the tentative map (as stated in the
application requirements form), folded a^^erdien st„ leappropriately to a size not
exceeding eight and one-half inches by eleven inches, with two reduced
reproducible originals not exceeding eight and one-half inches by eleven inches
in size;
E. A preliminary title report prepared and dated no more than ninety days prior to
submission of the application;
11
TITLE 13 SUBDIVISIONS AD HOC EDITS
F. A drainage report describing the on- and off -site drainage characteristics, the
amount of stormwater falling within the development and the proposed method
of retaining that stormwater, and the amount and nature of historic inflow from
other properties and the proposed method of retaining or passing through the
inflow;
G. The following additional documentation and special studies may be required:
1. 1. Historical, paleontological and/or archaeological study
2_ 2. Biological study
i. ,
3 Geologic onrl or coils st dy
i
3_ 4. Traffic study
4. Geologic and/or soils study,
4-.5. Water Quality Management Plan (WQMP).
This list is not all inclusive, and any other special studies required will be
determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 §
1, 1995)
1 Q 12 120 Special studies.
As part Of aRy teRtatiVe map submittal, a qualified aFGhaeeleg'st shall evaluate, rep
and identify appropriate mitigation measures on the projeGt related impaGtS to cultural,
horticulturist may be required to evaluate any project related impacts to-h-Abit-At arpeas of
threatened or endangered plant and wildlife species —(Ord. 295§1, 1997; Ord. z272-§- ,
4-995)
13.12.120 Revised tentative maps
A revised tentative map may be filed for an approved tentative map, where the design
and/or improvements of the tentative map are modified from that of said approved
tentative map, but with no substantial change in concept from the approved tentative
map.
A. The Community Development Director shall determine whether the proposed
revisions to the tentative map substantially conform to the original concept of the
approved tentative map.
B. A revised tentative map shall comply with the provisions of the Subdivision Map
Act and all applicable provisions of the La Quinta Municipal Code in effect at the
time of aaaroval of the revised tentative maD.
12
TITLE 13 SUBDIVISIONS AD HOC EDITS
C. A revised tentative map shall be processed in the same manner as an initial
tentative map proposal, with the exception of any procedures determined to be
inapplicable.
D. The approval or conditional approval of a revised tentative map shall terminate
approval of the original tentative map. However, the revised tentative map
approval or conditional approval shall not extend the original time period within
which the final map may be filed.
13.12.140 Appeals.
A subdivider or any other interested party may appeal a decision of the advisory
ageneyCommunity Development Director or the glanningPlanning Dorn-m;ss;o^
Commission by using the following procedures:
A. Appeal of the Adviser„ geRGyA�proval Authority Decision. Within ten -fifteen
calendar days after the date of the-@E decision by the advisery
agenEyCommunity Development Director, a written appeal, accompanied by the
appropriate filing fee, may be submitted to the planning depa'me^'Community
Development Department. The "date of decision" shall be either the time a
formal noticed hearing is held or the date noted on correspondence mailed to the
subdivider indicating the staf —decision. The appeal shall state the item to be
appealed and the reason for the request. The Community
Development Director shall set the matter for hearing before the plaRRing
GOMm+ssion Planning Commission within thirty days after the date of filing the
appeal. Written notice of the hearing shall be provided by mail to the subdivider,
the property owner and those property owners or individuals originally noticed at
the time of the first public hearing.
B. Appeal of the Planning Commissions Decision. Within4en fifteen calendar days
after the date of the decision by the Planning Commission RaR R 0 Rg GOmmiSsi9n,
a written appeal, accompanied by the appropriate filing fee, may be submitted to
the planning departmentCommunity Development Department. The city clerk
shall set the matter for hearing before the G*Qity_GGuRGi4Qouncil. The hearing
on the appeal shall be held not more than thirty days from the date of receipt of
the appeal and shall give written notice of the hearing to the subdivider, property
owner, and those property owners or individuals originally noticed at the first
public hearing. (Ord. 356 § 1, 2000; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.12.150 Term of tentative maps.
Pursuant to California Government Code §66452.6(a)1, tThe approval or conditional
approval of a tentative map by the c*City GGunEi-Council shall expire twenty uFthirty_
six months after such approval. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.12.160 Extensions of time for tentative maps.
13
TITLE 13 SUBDIVISIONS AD HOC EDITS
The expiration of an approved tentative map shall terminate all proceedings and no final
map or parcel map of all or any portion of the real property included within the tentative
map shall be filed with the city council without first processing a new tentative map. The
initial twothree-year term of tentative maps may be extended as follows:
A. Nothing in this chapter shall preclude or otherwise disallow any automatic time
extension which may be granted by the state of California, for any approved
tentative map meeting the criteria for such an extension. Any automatic
extension shall run from the expiration date of the qualifying map, and shall be in
addition to any remaining extensions available under this chapter.
B. Request by the Subdivider. Before the expiration of the tentative map, the
subdivider may apply for awe -ye r-- extension of time. ems -Applications
for extensions of time shall be filed with the planning departmentCommunity
Development DepartmentCommunity Development Department ^^ ocean
All requests for extensions of time shall include:
1. A completed application forme letter;
2. An identification of the length of time requested and reasonts) for the request;
3. The current processing fee as charged by the city for tentative map time
extensions;
4. eThe requisite number of copies of the tentative map as required by
the application. The tentative map shall be as approved by the c*City
ceURG"Council. Additional copies may be requested subsequent to the
application submittal.
Extensions of time may be granted by the PlaRRig Community Development d+reotor
Director if there are no changes to the approved tentative map. The director may waive
some or all submittal material as noted in subsections (13)(1) through (4) of this section.
Extensions of time that include m^dTchanges to the approved tentative map are
subject to the public notification procedure provided for in Section 13.12.090 and will be
considered at a public hearing, to be held by the designated approval authority as set
forth in Section 13.04.060. A time extension granted by the Community Development
Director may not exceed two years.
The approval authority may appreve—agrant a maximum of six one-year time extensions.
The extension may be granted for any period of time, from one year up to the maximum
of six years. rv,axim„rn of three Re yeaF time exte ,siens and The approval authority
shall impose additional conditions of approval if such conditions are intended to
maintain the public health, safety and welfare and/or to comply with current city, state or
federal requirements.
If, as part of the request for extension of the term of a tentative map, the subdivider
requests changes or amendments to the tentative map or the conditions of approval for
that map, the s+ty approval authority may impose other conditions or amendments to the
tentative map or the conditions of approval including the then -current standards and
requirements for approval of tentative maps.
14
TITLE 13 SUBDIVISIONS AD HOC EDITS
C. Filing of Final Maps/Off-site Improvements. If a subdivider is required to expend
the amount specified in Section 66453.6 of the Government Code to construct,
improve or finance the construction or improvement of public improvements
outside the property boundaries of the tentative map, excluding improvements of
public rights -of -way which abut the boundary of the property to be subdivided
and which are reasonably related to the development of that property, each filing
of a final map authorized by Section 66456.1 of the Government Code shall
extend the expiration of the approved tentative map by thirty-six months from the
date of its expiration or the date of a previously filed final map, whichever is later.
The extensions shall not extend the term of the tentative map more than ten
years from its approval.
D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors
affecting the term of approved tentative maps, and information for the proper
construction of the provisions of subsections A through C of this section shall be
as specified in Section 66452.6 of the Government Code. (Ord. 394 § 2, 2003;
Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.12.170 Substantial conformance with tentative map
The process and criteria for substantial conformance determinations with an approved
tentative map are at the discretion of the Public Works Director, based on the definition
set forth in Chapter 13.04, Section 13.04.070. Requests for substantial conformance
determinations shall be filed with the Public Works Department, in the format and with
the information as may be required by the Public Works Director in order to adequately
review and decide on the reauest. As part of the review. the Public Works Director shall
transmit a copy of the request to the Community Development Department for
comment, as to zoning comnformance with the approved tentative map.
15
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.20 FINAL MAPS AND PARCEL MAPS
13.20.010 Purpose.
This chapter establishes requirements for the preparation and processing of final maps,
parcel maps and waivers of parcel maps. (Ord. 272 § 1, 1995)
13.20.020 Applicability.
A final map shall be required for all subdivisions creating five or more parcels, five or
more condominiums as defined in Section 783 of the Civil Code, a community
apartment project containing five or more parcels, or for the conversion of a dwelling to
a stock cooperative containing five or more dwelling units, except as specified herein
below.
A parcel map shall be required for all subdivisions creating four or less parcels, four or
less condominiums as defined in Section 783 of the Civil Code, a community apartment
project containing four or less parcels, or for the conversion of a dwelling to a stock
cooperative containing four or less dwelling units, ORGILidipgwith exception of land and
parcels with the following characteristics:
A. The land consists of a parcel or parcels of land having approved access to a Formatted: Numbered + Level: 1 +
public street or highway which comprises part of a tract of land zoned for Numbering Style: A, B, C, ... + Starr at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
industrial or commercial development, and which has the approval of the at: 0.53"
governing body as to street alignments and widths; or
B. The land before division contains less than five acres, each parcel created by the'
Formatted: Numbered + Level: 1 +
division abuts upon a maintained public street or highway and no dedications or
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
improvements are required by the legislative body; or
at: 0.53"
C. Each parcel created by the division has a gross area of twenty or more acres
Formatted: Numbered + Level: 1 +
and has an approved access to a maintained public street or highway; or
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
D. Each parcel created by the division has a gross area of not less than forty acres
Formatted: Numbered + Level: 1 +
or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995)
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
13.20.130 Appeals.
Appeals ^f the advisery ageRGY or planning GOMmissien deG'S'^^^ concerning final
maps, amending final maps, parcel maps and waivers of parcel maps shall be
processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 §
1, 1995)
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TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.24 IMPROVEMENTS
13.24.070 Street design —Generally.
The design of street improvements shall conform with the following:
A. Full -width street improvements shall be required for all internal subdivision
streets and alleys.
B. Subdivisions bordering a public street shall provide half -width right-of-way
improvements, plus one additional travel lane on the opposite side of the
centerline if it does not already exist.
C. The street system in a proposed subdivision shall relate to and be compatible
with existing or proposed streets in adjacent subdivisions and/or specific plans
and shall, where applicable, provide for future development of adjoining property.
D. Street connections shall be at ninety -degree angles unless approved by the city
engineer.
E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide
adequate area for a turnaround.
F. Cul-de-sacs shall not exceed a distance of one thousand three hundred twenty
feet in length (measured from the centerline of the intersection to the center of
the cul-de-sac) unless provided with improved emergency access/outlet routes
no more than one thousand three hundred twenty feet from the end of the cul-de-
sac.
G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally.
H. Additional rights -of -way or easements shall be provided, where necessary, to
accommodate roadway slopes, drainage structures, bicycle or equestrian paths
and trails, and other facilities related to subdivision development.
I. The size and configuration of streets shall comply with the fe8ewiRg
tableCirculation Element of the La Quinta General plan.
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TITLE 13 SUBDIVISIONS AD HOC EDITS
NONE
rem .MEN=
J. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet.
The minimum curb radius shall be forty-five feet for private streets and thirty-eight
feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1,
1995)
13.24.080 Street design —Private streets.
Private streets, permitted only when there is adequate provision for their construction
and maintenance, shall be in conformance with the standards listed in Table 13.24.070
except as follows:
Width
Permitted Use
28 feet
No on -street parking
32 feet
Parking on only one side
of street
36 feet
Development Parking on both sides of
the street
40 feet
Entry and primary circulation streets
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
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TITLE 13 SUBDIVISIONS AD HOC EDITS
13.24.090 Image corridors and gateway iRteFS8GtOGRS
The circulation element of the La Quinta general plan establishes image corridors -and
gateway 'RteFSeGt' RS which warrant special improvements. Improvements constructed
along image corridors and at gateway comply with the improvement
standards identified in the general plan. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.130 Landscape setbacks.
Landscape setbacks are required along public street rights -of -way. Buildings, walls,
parking lots, and other improvements associated with the subdivision shall not be
constructed within setbacks except as allowed herein. Retention basins, public
sidewalks and equestrian trails may be located in setbacks if approved by the city as
compatible with the landscape and design theme desired within the setbacks.
Landscape setbacks for residential subdivisions shall be created on the final map as
lettered lots. If the subdivision streets are to be ungated and publicly maintained,
landscape setback lots shall be dedicated to the city. If the subdivision streets are to be
gated and privately maintained, landscape setback lots shall be dedicated to the
homeowners' or landowners' association.
Landscape setback widths, as measured perpendicular to the ultimate right -of way line,
shall generally be as follows:
Street
Setback
Highway 111
50 feet
Other major arterial streets
20 feet
Primary arterial streets
20 feet
Secondary arterial streets
10 feet
Collector streets
10 feet
13.24.140 Landscaping plans.
Landscape and irrigation plans for landscaped lots, landscape setback areas, medians,
common retention basins and park facilities shall be prepared by a licensed landscape
architect. Landscape and irrigation plans shall be submitted for review and approval of
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TITLE 13 SUBDIVISIONS AD HOC EDITS
the plann+ng-direeterCommunity Development Director and the CSity €ng}aeerEngineer
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.150 Special improvements.
Bicycle lanes shall be designed and improved consistent with the bikeway corridor
policy diagram contained within the La Quinta general plan, or and the
comprehensive trails system master plan.
Hiking and equestrian trails shall be designed and improved consistent with the park
recreation policy diagram of the La Quinta general plan, or if adopted, the
comprehensive trails system master plan. The trails shall be deeded to the city either in
fee or as easements as determined by the c*City engine-erEngineer. (Ord. 295 § 1,
1997; Ord. 272 § 1, 1995)
13.24.160 Maintenance.
Subdividers shall make provisions for maintenance of improvements until final
acceptance, by the city council, of all improvements required as conditions of approval.
For privately maintained street and drainage improvements, the entity responsible for
maintenance shall comply with all applicable provisions of the gener-ai-most current
stormwater discharge permit (SDP) issued for the Colorado River Basin under the
National Pollutant Discharge Elimination System (NPDES), including the city's
stormwater pollution prevention plan (SWPPP) and the drainage area master plan
(DAMP). (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.170 Clean air/clean water
The subdivider shall comply with applicable provisions of the NPDES. In the absence of
an NPDES permit specific to the subdivision, the subdivider shall comply with the
SWPPP and DAMP as approved for the c*City under the city's SDP.
Graded land shall be protected from wind and water erosion through the use of various
materials and methods such as, but not limited to, active irrigation, establishment of
vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or
anchored plastic sheeting.
Prior to grading operations, the subdivider shall submit and receive approval of a
fugitive dust control plan prepared in accordance with Chapter 6.4&16 of this code.
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
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TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.32 LOT LINE ADJUSTMENTS
13.32.010 Purpose.
This chapter establishes procedures for adjusting the boundary lines between two or
more existing parcels. (Ord. 272 § 1, 1995)
13.32.020 Applicability.
Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided
that:
A. All property line segments adjusted are boundary lines of the subject lot (though
the extensions of the adjusted segments may affect several lots);
B. The lot line adjustment does not alter the number of lots; and
C. The applicant and/or owner of the property has not received approval of a lot line
adjustment affecting any of the lots to be altered, or lots abutting any of the lots to
be altered, for a period of six months immediately preceding the date of the
current application, unless the property is zoned neighbeFhesd.Neighborhood
oornrneroalCommercial, -nem—m—un—ithT-Community oon,moroialCommercial, regional
Regional oonMeMialCommercial, e#ioe Office Commercial,o GG
gaF!(Commercial Park, Village Commercial or Major Community Facilities in which
case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1,
2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995)
Chapter 13.48 PARK DEDICATIONS (QUIMBY ACT)
13.48.050 Formula for dedication of land.
The parkland dedication requirement shall equal three -five 5 acres per one thousand
people. The number of people within a subdivision shall be calculated by multiplying the
number of dwelling units times the average deRS*ty per dwe"iRg ^ }persons per
household in the city according to the latest U.S. Census. (Ord. 272 § 1, 1995)
21