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2015 12 16 Agenda Packet - Development Code Ad-hocAd -hoc Committee agendas and staff reports are available on the City of La Q u i n t a City s web page: www.la-quinta.org �M=:F AD -HOC COMMITTEE °TF AGENDA CITY HALL STUDY SESSION ROOM 78-495 Calle Tampico, La Quinta REGULAR AND FINAL MEETING WEDNESDAY, DECEMBER 16, 2015 AT 4:00 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 November 19, 2015. STUDY SESSION 1. Development Code Tune Up. ADJOURNMENT This Committee has fulfilled its mission. This is anticipated to be the Committee's final meeting. AD -HOC COMMITTEE AGENDA 1 FINAL MEETING DECEMBER 16, 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 December 11, 2015. DATED: December 9, 2015 1 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 FINAL MEETING DECEMBER 16, 2015 AD -HOC COMMITTEE MINUTES TUESDAY, NOVEMBER 19, 2015 CALL TO ORDER A regular meeting of the La Quinta Ad -hoc Committee was called to order at 3:05 p.m. by Vice -Chair Bettencourt. Roll Call: Present: Committee Members Bettencourt, McCune, Pena, and Radi Absent: Chairperson Wright PLEDGE OF ALLEGIANCE Committee Member Radi led the Committee in the Pledge of Allegiance. PUBLIC COMMEND - None. CONFIRMATION OF A(° - Confirmed. APPROVAL OF MIN= Motion - A motion was made and seconded by Committee Members Radi/Pena to approve the Ad -hoc Committee Minutes of October 28, 2015 as submitted, and amending Paragraph 4 on page 3 to read as follow: "Committee Member Pena asked staff to review the code as it relates to marijuana cultivation, dispensaries, and mobile deliveries." AYES: Committee Members Bettencourt, McCune, Pena, and Radi. NOES: None. ABSTAIN: None. ABSENT: Chairperson Wright. Motion passed. STUDY SESSION 1. Development Code Tune Up. Planning Manager Perez presented the information contained in the staff report, a copy of which is on file in the Community Development Department. AD -HOC COMMITTEE MINUTES 1 NOVEMBER 19, 2015 He said the Development Code Tune Up is only one of a number of streamlining efforts and updates the City is currently undergoing. The following is a list of items and anticipated timeframes that will be coming forth for review and consideration in 2016: • Development Code Tune Up (February) • Zoning Consistency (March) • Zoning Map Update to ensure consistency with the General Plan (March/April) • Village Text Amendment (May) • Revised Parking Standards (August) Discussion followed regarding project types that would be classified under the proposed Minor Site Development Permit category and related variable threshold parameters; approval requirements for Amended Final Tract and Parcel Maps as identified by the Subdivision Map Act; expanding the deviations of up to 10 percent of a numerical development standard allowed under Minor Adjustment applications; create a development review process for planned unit developments as a Conditional Use Permit to allow flexibility for residential developments similar to a Specific Plan ; the City's existing boards and commissions; the applicable due process for review and approval of development applications; and staff level review and due process. The Committee noted that it was not comfortable recommending the elimination of any of the City's existing review boards and commissions; however, it suggested educating the boards' and commissions' members and clearly defining their scope of purview to achieve a streamlined and expedited review hearings. Further, staff should consider utilizing the boards and commissions only on an as needed basis, instead of having them as a required part of the process. Discussion followed regarding the City's historic resources database; the established process for recording and handling recovered artifacts during site grading; the Historic Preservation Commission's Certified Local Government certification standing; and tribal state notification requirements. The Committee asked if review status and applications' permit issuance information is available online through the online portal, eTRAKiT, of the new development tracking software, TRAKiT9. Staff replied that currently only one of the modules, Permit TRAK, is accessible online, thus, this information is available for a limited number of permits. However, over the next 12 months, staff will be launching all additional modules of the software, Project, License, and Code TRAKs on eTRAKiT, which will make this information accessible online for all applications submitted with the City. Staff said the second Stakeholder meeting, as part of the initial Development Code Tune Up community outreach efforts, will be held on Thursday, December 3, 2015, at 10:00 a.m., at City Hall. AD -HOC COMMITTEE MINUTES 2 NOVEMBER 19, 2015 The fourth and last Ad -hoc Committee meeting is scheduled for December 16, 2015, at 4:00 p.m. The Development Code Tune Up proposed final changes will be presented to the Planning Commission on January 12, 2016, and to City Council on February 2, 2016. The Committee suggested that the information presented to the Ad -hoc Committee be also forwarded to the members of the Planning Commission to seek their feedback and comments. ADJOURNMENT There being no further business, it was moved and seconded by Committee Members Radi/Pena to adjourn this meeting at 4:21 p.m. AYES: Committee Members Bettencourt, McCune, Pena, and Radi. NOES: None. ABSTAIN: None. ABSENT: Chairperson Wright. Motion passed. RespE MONI City o AD -HOC COMMITTEE MINUTES 3 NOVEMBER 19, 2015 STUDY SESSION ITEM NO. 1 City of La Quinta AD -HOC COMMITTEE MEETING, December 16, 2015 STAFF REPORT TO: Honorable Ad -hoc Committee Members FROM: Gabriel Perez, Planning Manager DATE: December 16, 2015 SUBJECT: Development Code Tune Up The following outline represents the key items that will be presented by staff: OVERVIEW OF DEVELOPMENT CODE TUNE UP PROCESS • Outcomes • Guiding Principles • Tune Up Components DRAFT CODE TUNE UP OVERVIEW • Title 9 - Zoning (Attachment 1) • Title 8 - Buildings and Construction (Attachment 2) • Title 13 - Subdivision Regulations (Attachment 3) • Due Process TEMPORARY USE PERMIT RECOMMENDATONS • Over the counter permits • Long-term Temporary Use Permit- temporary outdoor events • Minor Use Permit- temporary outdoor events REVIEW BOARDS AND COMMISSION5 • Historic Preservation Commission .41/.\05I1riCol \1 • Outcome Measurement NEXT STEPS 0 Joint Study Session - January 12, 2016 at 5:00 p.m. ATTACHMENT 1 Title 9- Zoning - (La Quinta Municipal Code)-12-16-2015 Development Code Tune Up Draft Recommendations Analysis for Ad -Hoc Committee Meeting #3 *Highlighted rows identify substantial changes from existing procedures j7p� M-T-MIM Inefficiency/Challenge Possible Improvement Outcom Ad Hoc ,..•Direction Housing types not -Specific Plans require Create new Code Provisions for Planned Savings in Acceptable 9.40.040 Permitted permitted by right in lengthier processing Unit Development Permits Time changes Uses in specific residential times, subject to SB Maximum flexibility from existing Money Residential zones require approval 18, and can be costly development standards for District of a Specific Plan (pg 1- to prepare. residential projects, except 2) -Creative housing Public Works Street types and project Specifications and density -end designs are not landscape st-tharLc allowed within the Allow the final review authority scope of the Code. to be Planning Commission -Creates staff Approval challenge for tracking See Page 59-60 multiple standards for Specific Plans 9.40.040 Duplexes (two units on -Specific Plan a -Prohibit in Cove Residential Zone. Easier to Permitted the same lot) (pg 2) challenge for small understand Uses in lots in cove and may Residential not be desired District 9.40,040 Townhomes and -Require a Specific -Allow as a Permitted Use in Medium 0 Savings in Permitted Condominiums Land Plan in Medium Density Residential Zone Time Uses in Use (pg 2) Density Residential 0 Money Residential Zone District 9.40.040 Condominium -Condominium -Allow as a permitted use in the Medium • Flexibility Permitted multifamily ("airspace" multifamily is Density Residential Zone Uses in units) compatible in the Residential Medium Density District Residential Zone 9.40.040 Resort Residential Land -Requires a CUP and -Allow as a Permitted Use in all Savings in Permitted Use (pg 3) approval at the Residential Zones except Cove Time Page 1 of 17 Uses in Planning Commission Residential Zone . Money Residential -No review District 9.40.040 Senior Group Housing -Not allowed in -Allow as a Minor Use Permit in Medium 0 Savings in Permitted (pg 5) Medium Density Density, Medium -High Density and High Time Uses in Residential Density Residential zones 0 Money Residential -Requires Planning -Administrative Level Review 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 in all 0 Savings in Permitted 5) Conditional Use residential zones Time Uses in Permit -Administrative Level Review 0 Money Residential District 9.40.040 Cottage Food -Requires a Minor Use -Permit by right since Riverside County 0 Savings in Permitted Operations (pg 5) Permit Environmental Health conducts health Time Uses in - Riverside County inspections and City currently does not . Money Residential Environmental Health reviews. District conducts health inspections -unnecessary 9.40.040 Lighted tennis and -Requires a -Allow as Minor Use Permit in Medium 0 Savings in Permitted other game courts on Conditional Use Density Residential, Medium High Time Uses in private property (pg 6) Permit in Medium Density Residential and High Density . Money Residential Density Residential, Residential zones District Medium High Density -Administrative Level Review 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 in all Savings in Page 2 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Permitted Range (pg 6) -impacts can be residential zones except Cove Time Uses in evaluated at staff Residential . Money Residential level -Administrative Level Review District 9.40.040 Home Occupations (pg -Doesn't make sense -Move to Title 8 0 Easier to Permitted 7) in this table and is Understand Uses in handled entirely by Residential code enforcement District 9.40.040 Museum or gallery -Conditional Use -Allow as Minor Use Permit in all 0 Savings in Permitted displaying sculpture, Permit unnecessary Residential Zones. Time Uses in artwork or crafts (pg -Impacts can be -Administrative Level Review . Money Residential 11) evaluated at staff District level or will already be evaluated with SDP if new construction 9.40.040 Recreational vehicle -doesn't permit in -Allow as an accessory use in all . Easier to Permitted storage lots, Very Low Density or residential zones if associated with a understand Uses in associated with a Low Density planned community and therefore can . Potential Residential planned community Residential zones be located to minimize impacts to savings to District (pg 11) when there is a need residents. residents in to store these storage fees vehicles. 0 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 understand Uses in area per business (pg use in Commercial Community 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 Acceptable Permitted 50,000 sq. ft. floor area approval by Planning Park, Community Commercial, Time changes Uses in (pg 14) Commission in Neighborhood Commercial, and Village . Money Nonresidenti Commercial Park, Commercial Zones. Page 3 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 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 Acceptable Permitted 50,000 sq. ft. floor area Regional Commercial Commercial. Time changes Uses in (pg 14) and Community -Allow as a minor use permit in 0 Money Nonresidenti Commercial Zones Community Commercial since the scale at Districts -No reason why a CUP of 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 0 Savings in Not Permitted convenience stores Regional Commercial, Regional Commercial, Community Time presented at Uses in under 10,000 sq. ft. Community Commercial, Neighborhood Commercial, • Money Ad -Hoc Nonresidenti floor area, open 18 or Commercial, Tourist Commercial, and Village Meeting #2- al Districts more hours/day (pg 14) Neighborhood Commercial zone. Direction Commercial, Tourist -Administrative Level Review needed. 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 Permitted garden supply stores, Regional Commercial, Community Commercial, Neighborhood Time Uses in with no propagation of Community Commercial, and Village Commercial • Money Nonresidenti plants on the premises, Commercial, zones al Districts subject to Section Neighborhood Page 4 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 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 • Easier to Permitted professional offices (pg allow in Commercial Commercial Park or major Community understand Uses in 15) Park or major Facilities zones 0 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 development (pg 15) 9.80.040 Surgicenters/ medical -No reason why not -Allow as permitted use in Commercial 0 Easier to Permitted clinics (pg 16) permitted in Park zone understand Uses in Commercial Park • Encourages Nonresidenti zone investment, at Districts development 9.80.040 Veterinary -No reason this should -Allow as a Minor Use Permit in Regional • Savings in Permitted clinics/animal hospitals be a CUP approval at Commercial, Commercial Park, Time Uses in and pet boarding Planning Commission. Community Commercial, Neighborhood 0 Money 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 0 Encourages No change Permitted through (pg 16) Neighborhood investment, Uses in Cnrnm^rre development Nonresidenti Tn--rcr+ Cnrn., medal at Districts Zees -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, Page 5 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Uses in seating, such as lessees in Public development Nonresidenti yogurt, ice cream, Facilities at Districts pastry shops and similar (pg 16) $-8-040 Wc-re_hrewery or wine _Not currently a land _Adds nc n „n.A1 land pen . Ca ^ . Acceptable pArmittind tasting accessory to use designation and _A lloIn, (as nn ncceocn p, use in Gil Time change but �I Icy rectal iron+ or har. (pa the.refore not corn me rcial Zones except Major 0 Money -0 modify bar to n�*�;n �} r,..,,., � Community Facils+cer. „„e [p tasting room in„ee�+men,T nl pie+ric+e Will be these ectahr...... development. presented thn+ ran he great separately in rG ra T March 2016 as part of Zoning Consistency effort. 9.80.040 Permitted Bars and cocktail lounges (pg 16) -Not allowed in Neighborhood -allow as a Conditional Use Permit in the Neighborhood Commercial Zone as we Encourages investment, Uses in Commercial Zone are still able to condition the use to development Nonresidenti -limits economic address possible impacts. at Districts development opportunities 9.80.040 Dancing or live -not allowed in -allow in Commercial Park Zone with Encourages Permitted entertainment as a Commercial Park approval of a Conditional Use Permit. investment, Uses in principal use (pg 16) zone development Nonresidenti al Districts 9.80.040 Permitted Dancing or live entertainment as an -not allowed in Commercial Park -Allow as a permitted use in Commercial Park zone Savings in Time Uses in accessory use (pg 16) zone -Allow as an accessory permitted use in Money Nonresidenti -requires CUP in the Community Commercial, al Districts Community Neighborhood Commercial, and Tourist Commercial, Commercial zones Neighborhood Page 6 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 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 Permitted motion picture (pg 16) Regional Commercial, Commercial Zone. Time Uses in Community -Allow as a minor use permit in the Money Nonresidenti Commercial zone, Commercial zone, Neighborhood Encourages at Districts Neighborhood Commercial, and Tourist Commercial investment, Commercial, and Zones. development Tourist Commercial -Administrative Level Review Easier to Zones. Theaters in a understand Regional Commercial zone should have the least impact. Impacts in other commercial zones can be mitigated in the conditions of approved under an 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 Permitted onsite smoking, as per Community Commercial and the Neighborhood Time Uses in the provisions of the Commercial and Commercial Zones. 9 Money Nonresidenti Heath and Sanitation Tourist Commercial -Allow as an accessory use in the Tourist al Districts Code (pg 16) Zones Commercial Zone. -Not permitted in Neighborhood Commercial Zone Page 7 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-201S -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 0 Savings in Permitted bars, and similar uses Regional Commercial Commercial, Community Commercial, Time Uses in with onsite smoking, as and Tourist Neighborhood Commercial, and Village . Money 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 Permitted added in same Commercial, Commercial Park, Time Uses in category as pool or Community Commercial zones. 0 Money Nonresidenti billiards centers -Allow as a CUP in the Village al Districts Commercial zones 9.80.040 Denl or h1lllnrrl renters _A11e1ei ee a CUP in the rnmmnvrinl Pcirk Cnrni irnnec Will be 0 PPrrnittPd GS n nrincinnl use ., and Village rnmmnrcinl 7onec invee r presented principal use (pg , 7) zone development separately n'en resed e vt4 with Zoning n' nut�T� Consistency Changes in March 2016 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 17) (encoura at Districts ge retail Page 8 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 develop ment) 9.80.040 Health clubs, martial -requires a minor use -Allow as a permitted use in all . Savings in Permitted arts studios, and dance permit in most commercial zones. Time Uses in studios, 5,000 sq. ft. commercial zones -allow as minor use permit in Major 0 Money Nonresidenti floor area or less (pg -biggest impacts for Community Facilities zone al Districts 17) 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 0 Savings in Permitted arts studios, and dance Conditional Use commercial zones, including Major Time Uses in studios, over 5,000 sq. Permit in commercial Community Facilities zone. 0 Money Nonresidenti ft. floor area (pg 17) zones. . Easier to al Districts -Parking impacts understand larger than same 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 0 Savings in Permitted golf/recreation centers Conditional Use Commercial Zone. Time Uses in (pg 18) Permit in Tourist 0 Money Nonresidenti Commercial Zone. at Districts -it should be easier to approve miniature gold centers since the use is compatible. 9.80.040 Ice skating rinks (pg -requires a CUP in -Allow as Minor Use Permit in Regional 0 Savings in Permitted 18) Regional Commercial, Commercial, Commercial Park, Time Uses in Community Community Commercial, Tourist 0 Money Nonresidenti Commercial, and Commercial, and Major Community at Districts Major Community Facilities zones. Facilities Zone. -Not permitted in Commercial Park and Tourist Commercial Page 9 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Zone 9.80.040 Lodges, union halls, -allow as a permitted -allow as permitted use in Regional . Savings in Permitted social clubs and senior use. Design with new Commercial, Commercial Park, Time Uses in citizen centers (pg 18) construction is Community Commercial, Neighborhood . Money Nonresidenti addressed as a site Commercial and Major Facilities Zone. at Districts development permit 9.80.040 Churches, temples and -CUP is unnecessary. -allow as a minor use permit in Regional . Savings in Permitted other places of worship Impacts of use can be Commercial, Commercial Park, Time Uses in (pg 18) addressed with Community Commercial, Neighborhood . Money Nonresidenti conditions of a minor Commercial, and Office Commercial al Districts use permit Zone. 9.80.040 Mortuaries and funeral -CUP is unnecessary. -allow as a minor use permit in Regional . Savings in Permitted homes (pg 18) Impacts of use can be Commercial, Commercial Park, Time Uses in addressed with Community Commercial and not . Money Nonresidenti conditions of a minor permitted in Village Commercial Zone. al Districts use permit 9.80.040 Electrical Substations -requires a minor use -require Community Facilities zoning for . Too Permitted (pg 18) permit electrical substation sites. permissive Uses in and has Nonresidenti potential al Districts impacts 9.80.040 Water wells and -allow as permitted in all commercial Permitted pumping stations (pg zones Uses in 18) Nonresidenti al Districts 9.80.040 Reservoirs and water -requires a minor use -allow as a permitted use in Community Savings in Permitted tanks (pg 19) permit in Major Facilities zone Time Uses in Community Facilities Money Nonresidenti zone when the at Districts designation is already the most appropriate zone Page 10 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 9.80.040 Colleges and -not allowed in -allow as a minor use permit in . Savings in Permitted universities (pg 19) Commercial Park or Commercial Park and Office Commercial Time Uses in Office Commercial Zone. . Money Nonresidenti Zones and therefore -allow as a Conditional Use permit in . Easier to at Districts difficult for desired Village Commercial Zone understand educational facilities . Encourages and associated investment, economic development opportunities to operate in these zones. 9.80.040 Vocational schools, -Conditional Permit -allow as a Minor Use Permit in the 0 Savings in Permitted e.g., barber, beauty unnecessary in Regional Commercial Zone. Time Uses in and similar (pg 19) Regional Commercial . Money Nonresidenti zone. Districts la[ 9.80_04/� Dri\dote s\.Afi r1 schnnlc -no need to reg ilnt^ -eliminate Innd use catennr\/ . Not a • Not a P, a (pg 19) the streamlining streamlining I Icne iTn� NGRresideRti nI n'etri'--ct GIT-G-ITT.,-fCJ -ran he'-Inecif erl in health club categorly issue issue 9.80.040 Train, bus and- taxi Al -one eXist nnrl ore -eliminate land use catennr\/ Not a Not a Permitted on ct^tinnc (pg494 there nn\/ rencnnc we streamlining streamlining kkpr AIenrec,crrrrirlanti rr nI c D;Orir-te m-vrnrz, ^/^ 'rl I^/nnt thecae fnrilitiec7 ter. issue issue 9.80.040 Townhome and -Only allowed as a -Permit by right i^ Regional Commercial, . Savings in Staff Permitted multifamily dwelling as CUP in Regional C_ommercinl Dark, Community Time recommende Uses in a primary use (pg 18) Commercial and Commercial, Neighborhood Commerd Money d change not , Nonresidenti Commercial Park T,...rirt Commercial, Office Cemmer.-i..l, � Encourages approved al Districts Zone and Village Commercial zones investment, Amend Code -Not Permitted in -Keep as CUP in Regional Commercial, development to require Community Commercial Park. CUP approval Commercial, -Allow with CUP in Community in all Page 11 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Neighborhood Commercial, Neighborhood Commercial, Commercial Commercial, Tourist Tourist Commercial, Office Commercial, zones. Commercial or Office and Village Commercial zones Commercial 9.80.040 Residential as an -Requires a CUP in all -Allow with a minor use permit in all 0 Savings in Permitted accessory use, e.g., zones which is too commercial zones. Time Uses in caretaker residences rigid 0 Money Nonresidenti per Section 9.100.160 al Districts (pg 19) 9.80.040 Timeshare facilities -there is a difference -Divide timeshares into two categories 1) . Savings in Permitted subject to Section between new new development 2) conversions Time Uses in 9.60.290 (pg 20) development for -Allow new development timeshares as . Money Nonresidenti timeshares and permitted by right for Regional . Easier to al Districts conversions Commercial, Community Commercial, understand -Conversions may Tourist Commercial, and Village create impact on Commercial zones. existing residential -Require timeshare conversion as 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 Golf cart, neighborhood -Opportunities not -Allow sales as a minor use permit in the Flexibility Permitted electric vehicle (NEV), available for NEV Neighborhood Commercial Zone Uses in and electric scooter sales Nonresidenti sales (pg 20) al Districts 9.80.040 Car washes (pg 21) -Minor Use Permit will -allow as a minor use permit in the & Savings in Permitted allow a faster process Regional Commercial, Commercial Park, Time Uses in and include Community Commercial zones. Not 0 Money Nonresidenti conditions to mitigate permitted in the Village Commercial al Districts impacts Zone 9.80.040 Auto and motorcycle -CUP is unnecessary -Allow as a minor use permit in Regional . Savings in Permitted sales and rentals (pg and impacts can be Commercial and Commercial Park Zones Time Uses in 21) mitigated with 0 Money Page 12 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Nonresidenti conditions under a at Districts Minor Use Permit 9.80.040 Permitted Private parking lots/garages as a -Requires a CUP in most Commercial -ornhihit in ReginnGl Commercial and 0 Savings in Time No Community Commercial Zones Uses in principal use subject to Zones -411n,e, A,; ,ten normit in Tourist . Money 'Minor Nonresidenti Chapter 9.150, Parking -May not be a desired Commercial, Office Commercial, and at Districts (pg 21) use in some Maier nmmunity Facilities and Village commercial zones as rnmmerrial zones. it may prevent retail -Keep as a CUP in the zones where it is development currently required. 9.80.040 Auto parts stores, with -CUP is unnecessary -Allow as a permitted us in 0 Savings in Permitted no repair or parts Neighborhood Commercial and Village Time Uses in installation on the Commercial Zone. 0 Money Nonresidenti premises (pg 21) al Districts 9.80.040 Lumber yards, outdoor -CUP is unnecessary -Allow as a Minor Use Permit in the 0 Savings in Permitted (see retail stores for when a MUP can Commercial Park Zone. Time Uses in indoor lumber sales) include conditions of 0 Money Nonresidenti (pg 22) regulate use al Districts 9080.040 Permitted Pest control services (pg 22) -CUP is unnecessary when a minor use -Allow as a Minor Use Permit in the Regional Commercial Zone. 0 Savings in Time Uses in permit can include -Allow as a permitted use in the 0 Money Nonresidenti conditions of regulate Commercial Park Zone at Districts use. Pest control seems to be a compatible use with the Commercial Park Zone 9.80.040 Permitted Contractor, public utility and similar -CUP is unnecessary in Commercial Park zone -Allow as a Minor Use Permit in the Commercial Park Zone Savings in Time Uses in equipment/storage when use can be -Allow as a permitted use in the Major Money Nonresidenti yards (pg 22) regulated with Community Facilities Zone at Districts conditions in a minor use permit. Page 13 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 -CUP is too restrictive in a Major Facilities zone and is compatible as a permitted use 9.80.040 Central cleaning or -The restriction should -Allow as an accessory use in the Tourist Flexibility Permitted laundry plants (pg 22) be lifted in the Tourist Commercial Zone Uses in Commercial since -Prohibit in the Regional Commercial, Nonresidenti laundry plant may be Commercial Park, and Community at Districts central to services at Commercial zone a resort 9.80.040 Recording Studios (pg -Prohibited in -Allow as minor use permit in Regional Flexibility Permitted 22) Regional Commercial Commercial and Village Commercial Uses in and Village zones Nonresidenti Commercial zones al Districts 9.80.040 Swimming pools as an -Minor Use Permit -Allow as an accessory use in all 0 Saving in Permitted accessory use (pg 23) unnecessary if an commercial zones Time Uses in accessory use . Money Nonresidenti al Districts 9.80.040 Golf or tennis facilities -Minor Use Permit -Allow as an accessory use in all 0 Saving in Permitted as an accessory use unnecessary if an commercial zones Time Uses in (pg 23) accessory use . Money Nonresidenti at Districts 9.200.020 Site Development -Requires approval by Savings in Create a Authority Permit (SDP) (pg 31, Planning Commission evel Time Minor Site 41) -Some Site -Create a Minor SDP process to be 0 Money Development Development Permits approved at the administrative level. Review require approval by -Staff Recommended Threshold is: Process for City Council New office or commercial administrativ buildings no more than 10,000 a review. square feet that are not part of Keep Site Page 14 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 an approved master commercial Development development or Specific Plan. Permit at • New building construction or Planning remodeling (single and multiple Commission family residential, office, for big commercial and/or institutional) projects and landscape plans within an Major approved Specific Plan. concerns • New buildings on vacant pads with Minor within an approved commercial Site development. Development • New single family models and Permit will be landscaping plans in an approved referred to tentative tract map. Planning Commission 9.200.020 Home Occupation -already reviewed by -Move to Title 11 0 Easier to Authority Permit (pg 31) Code Enforcement understand 9.200.020 Add: Planning -No specific process -add to authority table at staff level • Easier to Authority Compliance Review for substantial review understand (pg 30) conformance review 9.200.020 Sign Program (pg 31) -Requires Planning -Move to Staff review 0 Savings in • Yes Authority Commission review Time • Money 9.200.090 C. Criteria ("this is the -only allows for -Allow for decrease in building square 0 Savings in • Yes Modification criteria for allowing modification of footage through the Modification by Time by applicant minor changes to an building square Applicant process. e Money (MBA) approved development footage if it is design) (pg 36) 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 36) -MBA process does -Allow for changes, additions or Savings in • Yes Page 15 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Modification by applicant (MBA) not allow for minor changes to site or grading plans as an administrative function. -Any changes site or grading plans would require Site Development Permit approval by the Planning Commission. substitutions for site and grading plans in the Modification by Applicant process. Time Money 9.200.090 C. Criteria (pg 36) -MBA process does -Allow for changes in residential model Savings in Approved Modification not allow for changes design in the Modification by Applicant Time by applicant in residential model process. Money (MBA) design. -Any changes to the residential model design would require a Site Development Permit approval by the Planning Commission. Chapter D. Decision -making -requirements that -Remove SDP from final approval • Savings in Approved 9.210 authority (pg 31) Site Development authority Time Developmen Permits for high 0 Money 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 16 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 Chapter C. Applicability (pg 47) -Only one deviation of -Allow for up to three adjustments per lot Flexibility As Directed 9.210.040 10% allowed for a by Ad -Hoc Minor numerical standard Committee Adjustments Page 17 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 12-16-2015 7 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. "M": 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 PUD = Planned Unit Development c° M = Minor use permit H = ;a Home y occupation c permit y S = Specific N _ plan required =Ix T= Temporary o 3 N W o Use Permit X = Prohibited o m d use m c m c m d s > J L) 2 Land Use RVL RL RC RM RMH RH Single-family P P P P P S detached dwellings Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o _j m o E 3 E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Single-family detached patio homes (i.e., "zero PUDS PUDS PUDS PUDS P PUDS lot -line") Duplexes (two units on the same PUDS PUDS SX PUDS P P lot) Single-family attached dwellings (two units per PUDS PUDS X PUDS P P building with each unit on its own lot) Townhome dwellings (two or more units per PUDS PUDS X SIP P P building with each unit on its own lot) Condominium multifamily PUDS PUDS X SIP P P ("airspace" units _ Apartment multifamily (rental X X X P P P units) Comment [nl]: Would a PUD or PRD Permit with Planning Commission approval be appropriate for first three rows instead of requiring a Specific Plan? Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes on P P P P P X individual lots, subject to Section 9.60.180 Resort residential subject to Section GP GP X GP GP 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 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home Z occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Child day care facilities as an accessory use, A A A A A X serving 8 or fewer children, subject to Section 9.60.190 Child day care facilities as an accessory use, M M M M M X serving 9-14 children, subject to Section 9.60.190 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 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J L) 2 Land Use RVL RL RC RM RMH RH Senior citizen residences, 6 or fewer persons, P P P P P P subject to Section 9.60.200 Senior group housing, 7 or more X X X XM GM GM persons, subject to — — — Section 9.60.200 Time share facilities, subject to GM GM GM GM CM GM Section 9.60.280 Bed and breakfast GM GM GM GM GM GM inns — — — — — — Supportive X X X C C C Housing 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 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J V 2 Land Use RVL RL RC RM RMH RH 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 P P P P P P pools/cabanas 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 GM subject to Section 9.60.150 Golf courses and country clubs per P P P P P P Section 9.110.040 Driving range with GM GM X GM GM GM or without lights — — — — — Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation to c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N r7 0 x c Use Permit X = Prohibited o J m o E E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.110 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 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 Comment [n2]: Home occupations are entirely handled by Code Enforcement. Delete all references and move to Municipal Code Title 8? Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Keeping of household pets, A A A A A A subject to Section 9.60.120 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. Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J L) 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 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o J m o E 3 E use m c c > J L) 2 Land Use RVL RL RC RM RMH RH Construction and guard offices, M M M M M M subject to Section 9.60.210 Use of relocatable M M M M M M building Model home complexes and sales offices, M M M M M M 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 Other Uses Churches, temples and other places of C C C C C C worship 10 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required = y o T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o -J m o E 3 E use m c c > J V 2 Land Use RVL RL RC RM RMH RH Museum or gallery displaying sculpture, artwork or crafts, including GM GM GM GM GM SM schools for above, on 20 acres or more Community recreational vehicle XA XA X RA RA RA storage lots, — — — — — noncommercial 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 Table 9-1 Permitted Uses in Residential Districts P = Principal Permitted use A = Accessory use C= Conditional use permit PUD = Planned Unit Development f° M = Minor use permit H = N Home occupation W c permit y S = Specific r 'y plan required T= Temporary o 3 w N o 0 x c Use Permit X = Prohibited o —i m o E 3 E use m c c > 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 (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) t Formatted: List Paragraph, Justified, Indent: Left: 0.75", Right: 0.01", Space After: 4 pt, Line spacing: At least 14 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial, 12 pt, Font color: Black 12 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., approval of a specific plan is required for any development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.020 Residential uses in the CR Regional Commercial district adjacent to Highway 111 in NR overlay district. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR nonresidential overlay portion of the CR regional commercial district except for incidental residential uses which: A. Are incorporated into a project site which is twenty acres or more in size; B.Are a part of a larger mixed use project with predominantly nonresidential uses; C.Are no more than twenty percent of the total project square footage; D.Are well integrated into the larger development, i.e., not a separate use; E. Serve a legitimate necessary purpose for the development such as employee housing; F. Have at least fifty percent of the units in the affordable category, as defined in the general plan housing element; and G.Are approved by the city as an integral part of the overall mixed use project. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.030 Residential uses outside NR overlay. In accordance with the General Plan Policies 2-3.1.6 through 2-3.1.8, single- family residential uses may be established in the CR district outside the NR nonresidential overlay. Such projects may have up to a proportion of one hundred percent residential. The following requirements shall apply: A. A specific plan shall be approved and the project shall conform to the RSP residential specific plan standards of Section 9.30.0809.140.100 with regard to common open area and perimeter landscaping with the exception of single-family residential. B. A minimum of fifteen percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.270. 13 C. Project sites of less than twenty acres shall be single -use, either all residential or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.80.040 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 or the planning 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 = mat -Permitted Y a 6 use A= Accessory use 2 a c £ m C = Conditional use o d 5 3 so d E E E E= E permit E a`) E E �° E v o o •� v M =Minor use permit W o E c o 0 o a d o LL 0 T= Temporary use t) c v v m U c c permit v Z 0 O X = Prohibited use Land Use CR CP CC CN CT CO MC VC Retail Uses Retail stores under 10,000 sq. ft. floor area P AP P P AP AP X P per business Retail stores', 10,000— 50,000 sq. ft. floor area P CID CID SP X X X P Retail stores', over 50,000 sq. ft. floor area CID C �M X X X X X Food, liquor and convenience stores under 10,000 sq. ft. floor P A P P A A X P area, open less than 18 hours/dayZ 14 Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0 o a a)�i o m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC Food, liquor and convenience stores M under 10,000 sq. ft. floor CM X GM CM CM X X area, open 18 or more hours/dayz Plant nurseries and garden supply stores, with no propagation of plants on the premises, CP X CP CP X X X subject to Section P 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 tanning salons P A P P P A X P and similar uses — Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, P A P P P A X p and similar uses — Laundromats and dry cleaners, except central P X P P P X X M cleaning plants Printing, blueprinting and copy services P P P P P P X P Pet grooming —without overnight boarding P X P P P X X p Office and Health Services 15 Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0) o a m o �i m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC Banks P X P P P P X P General and P XP P P P P GP P professional offices Medical offices — physicians, dentists, optometrists, P XP P P P P X chiropractors and similar P practitioners,. Medical centers/clinics— four or more offices in P X P C X P X one building Surgicenters/ medical P XP P C X P X X clinics Hospitals C X X X X X C X Convalescent hospitals C X C X X X C X Veterinary clinics/animal hospitals and pet GM GM GM GM X X X boarding (indoor only) M Dining, Drinking and Entertainment Uses Restaurants, other than P A P P P X A P drive -through Restaurants, drive- P A P X P X X X through Restaurants, counter take-out with ancillary seating, such as yoghurt, ice cream, P P P P P X XA P pastry shops and similar Bars_, tave 4s and cocktail lounges C C C XC C X X C Dancing or live entertainment as a C XC C X C X X principal use C Dancing or live entertainment as an A XA GA GA GA X X A accessory use 16 Formatted Table Formatted Table Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use IL •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0) o a m o �i m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC rs, live or motion Theaters, CP X GM XM GM X XA p M Tobacco shops without onsite smoking, as per the provisions of the P X CP XP GA X X P Heath and Sanitation — Code Cigar lounges, hookah bars, and similar uses with onsite smoking, as CM XM XM CA X X the per the provisions of the M Health and Sanitation Code Recreation Uses Bowling, pool or billiard centers as a principal C XC C X C X X C use Pool or billiard tables as accessory use (3 tables A A A A A A X A or less) Game machines, 11 or more (as either a C X C C C X X principal or accessory use) Game machines as an accessory use, 10 or A A A A A A X A fewer machines Golf courses and country clubs (see GC X AX X X GA AX X X district permitted uses, — — — — Chapter 9.120) Tennis clubs or C A C X X A C complexes Health clubs, martial arts studios, and dance MP MP MP MP MP MP AM studios, 5,000 sq. ft. P floor area or less Health clubs, martial arts studios, and dance GM GM GM GM GM GM XM studios, over 5,000 sq. M 17 Formatted: Left, Indent: Left: 0" Formatted Table Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0 o a m o �i m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC ft. floor area Libraries P XP P GP P P P P Museum or gallery displaying sculpture, P artwork or crafts, P P P P P P P including schools for above 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 and P P P P P P P hiking trails P Indoor pistol or rifle X C X X X X X ranges X Miniature golf/recreation C X X X GM X X ters X Assembly Uses Ice skating rinks GM XM GM X XM X GM X Lodges, union halls, social clubs and senior GP CID GP CID X X CID P citizen centers Churches, temples and GM GM GM GM X GM X other places of worship — M Mortuaries and funeral GM GM GM X X X X home X Public and Semipublic Uses Fire stations P P P P XP P P P Government offices and P P P P P P P police stations P Communication towers and equipment C (freestanding, new C C C C C C C towers) subject to Chapter 9.170 Communication towers and equipment (co- M M M M M M M location, mounted to 18 Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 0 � 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0 o a m o li m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC existing facility) subject M to Chapter 9.170 Electrical substations MX M AMX X X X M X Water wells and A4P MP MP XP XP XP MP pumping stations P Reservoirs and water X X X X X X MPtanks X Public flood control P P P P P P P facilities and devices P Colleges and C XM X X X BEM C universities C Vocational schools, e.g., barber, beauty and GM C C X X C C C similar Private elementary, intermediate and high C C C C C C C C schools TFaiub s and t m.+vi stationsS X S X G X S Helicopter pads X X X X C X C X Public or private kennels and animal shelters X C X X X X C (with indoor or outdoor X pet boarding) Golf courses and country clubs (see GC C A C X C A P district permitted uses, Chapter 9.120) Driving range unlighted P A C X P A P Tennis clubs or C A C X C A C complexes Health clubs, martial arts studios, and dance P P P P P P A studios, 5000 sq. ft. floor area or less Residential, Lodging and Child CareChild daycare Uses Townhome and C s a C X—C SEC XC XC X multifamily dwelling as a PC 19 Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use IL •� v 0 2 £ d E = N °' C= Conditional use c m £ E permit E m E Es E v o o •� v M =Minor use permit W o E o o 0 o a a)�i o m T= Temporary use 0 v v iu U Z L a) permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC primary use3,a Residential as an accessory use, e.g., GM OM GM CM OM GM CM caretaker residences per M Section 9.100.160 Child day-care facilities, centers and preschools as a principal use, GM GM CM CM XX CM CM subject to Section — — — — — — — M 9.100.250 (also see Accessory Uses) Senior group housing, subject to Section GX X X X X X X M 9.100.260 Rooming and boarding GX X X X X X X M houses — Single room occupancy (SRO) hotels, subject to C X X X X X X X Section 9.100.270 — Emergency shelters P P P P P P P X Transitional shelters for homeless persons or C X X X X X C X victims of domestic — abuse Single family residential 5X X X X X X X X Mixed -use projects: residential and SP XP XP XP XP XP X P office/commercial RV rental parks and ownership/membership CX X GX X GM X X X parks Resort residential S X C X C X X Hotels and motels CP X CP X CP X X P Timeshare facilities, subject to Section PC XX PC XX PC XX XX P 9.60.290 V 20 Formatted Table Formatted: Left, Indent: Left: 0", Space Before: 0 pt Formatted: Not Highlight Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m £ E permit E m E Es E v o o •� v M =Minor use permit W o E E o o 0) o a a)�i o m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC Caretaker residences M M M M M M M M Automotive Automobile Uses5 Golf cart, neighborhood electric vehicle (NEV), P P P XM X X X and electric scooter — M sales — Automobile service stations, with or without C C C C X X X C minimart Car washes GM GM — GM X X X X X Auto body repair and painting; transmission X C X X X X X X repair Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, C C C X X X X brake, lube and tune-up services —not including X major engine or drivetrain repair Auto and motorcycle GM GM X X X X X sales and rentals X Used vehicle sales, not associated with a new C C X X X X X vehicle sales facility, as X per Section 9.100.030 Truck, recreation vehicle C C X X X X X and boat sales Auto parts stores, with no repair or parts P P P GP X X X installation on the P premises Auto or truck storage yards, not including X C X X X X X dismantling X Private parking lots/garages as a C C C X C C X principal use subject to 21 Formatted Table Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E o o 0 o a m o �i m T= Temporary use 0 c v v iu U Z L c permit t� X = Prohibited use Land Use CR CP CC CN CT CO MC VC Chapter 9.150, Parking C Warehousing and Heavy Commercial UseS5 Wholesaling/distribution centers, with no sales to C P X X X X X X consumers General warehouses, with no sales to C P X X X X X consumers Mini -storage X warehouses X Xs X X X X X Lumber yards, outdoor (see retail stores for X CM X X X X X indoor lumber sales) X Pest control services CM PC X X X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar CX CM X X X X GP X equipment/storage yards Central cleaning or CX CX CX X XA X X laundry plants X_ Communication or relay facilities/antennas as C C C C C C C primary use Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, X P X X X X X X glass, leather, stone, paper (except milling), plastics, metal, and wood Research and P P X X X X X development X Recording studios RM P X X X X X M Bottling plants X P X X X X X X ON Formatted Table Formatted Table Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0 o a m o �i m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC Sign making, except P P X X X X X sandblasting Sign making, including X P X X X X X sandblasting Recycling centers as a X primary use, collection X C X X X X C and sorting only, subject to Section 9.100.190 Off -site hazardous waste facilities, subject X C X X X X X X to Section 9.100.230 — Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog M M M M M M M stands, etc.), subject to M Section 9.100.100 Swimming pools as an MA AAA AAA XA AA AAA AA accessory use A Golf or tennis facilities MA AAA AAA XA AA AAA AA as an accessory use A Signs, subject to A A A A A A A Chapter 9.160 Fences and walls, subject to Section A A A A A A A 9.100.030 Antennas and satellite dishes, subject to A A A A A A A Section 9.100.070 A Reverse vending machines subject to A A A A X X A Section 9.100.190 M Recycling dropoff bins, subject to Section M A M M X X A 9.100.190 Incidental products or services for employees A A A A A A A or businesses, such as 23 Formatted Table Table 9-5 Permitted Uses in Nonresidential Districts P = Principal -Permitted Y use A = Accessory use a •� v 0 2 £ d E = N °' C= Conditional use c m 3 �, i d £ E °' permit E m E E s E v o o •� v M =Minor use permit W o E E o o 0 o a m o �i m T= Temporary use 0 v v iu U Z L c permit X = Prohibited use Land Use CR CP CC CN CT CO MC VC child day care, cafeterias and business A support uses Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are A A A A A A A consistent with the A_ purpose and intent of the zoning district, as determined by the director Temporary Uses Christmas tree sales, subject to Section T T T T X X T T 9.100.080 Halloween pumpkin sales, subject to Section T T T T X X T T 9.100.090 Stands selling fresh produce in season, T T T T X X T T subject to Section 9.100.100 Sidewalk sales, subject T T T T T T X to Section 9.100.130 T Temporary outdoor events, subject to T T T T T T T T Section 9.100.140 Construction and guard offices, subject to T T T T T T T Section 9.100.170 Use of relocatable building, subject to T T T T T T T T Section 9.100.180 Other Uses Fortunetelling and C X C X X X X 24 Table 9-5 Permitted Uses in Nonresidential Districts P= Principal -Permitted Y m T 6 use A= Accessory use 2 a w 2 C= Conditional use c � a d Loo d £ £ E permit E �, E E �° E i j o o •� v M =Minor use permit rY o £ V V U L o LL d T = Temporary use V v a� Z m permit 0 g X = Prohibited use Land Use CR CP CC CN CT CO MC VC palmistry Sexually oriented businesses, subject to C X X X X X X X Section 9.110.080' Other uses not listed in this table: per Section 9.20.040, director of planning commission to determine whether use is permitted Notes: 1 Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. 3 If part of a mixed -use project per Section 9.80.020 or 9.80.030. 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, DISTRICTS Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 25 F — Formatted: Space Before: 0 pt, After: 10 pt, Don't add space between paragraphs of the same style Formatted: Font: (Default) Anal A Formatted i Formatted / Formatted Formatted Table Formatted I� 9.120.010 Development permits required. Formatted I Table 9-8 of this chapter specifies whether a use or structure is permitted within a II Formatted zoning district. However, in most cases development to establish a land use requires I I Formatted approval of a site development permit and/or other permits as set forth in Chapter II Formatted 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) I I Formatted IIFormatted 9.120.020 Table of permitted uses. J Formatted II Formatted Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those I Formatted uses and structures which are permitted within each special purpose district. The I Formatted letters in the columns beneath the district designations mean the following: Formatted 1. "P": Permitted as a principal use within the district. Formatted 2. "A": Permitted only if accessory to the principal use on the site. Formatted 3. "C": Permitted as a principal or accessory use if a conditional use permit is I Formatted approved. Formatted Formatted 4. "T": Permitted on a temporary basis if a temporary use permit is approved. I Formatted 5. "X": Prohibited in the district. Formatted i IFormatted Formatted I I Formatted tl I Formatted T I Formatted P = Permitted use a >+ d w f0 >. I Formatted = Accessory use = > I I C= Conditional d m c >_ p�c= I permit c m O Ruse dO Formatted Temporary use y' � v d c wd a Formatted permit o—o> N i i N = Prohibited use o Q. c 0) o IIIIIFormatted Formatted d d' a O LL 2 U 0 Cn m W Q 2 II Formatted Land Use JPR GC OS FP HC* SOB* EOD* HO* IIII Formatted IIIFormatted P P. P, P P P,'* III Formatted Formatted Open space Formatted — Formatted Public parks, lakes P p II Formatted and passive recreation facilities Formatted Playfields, lighted or 'P` — / Formatted Formatted unlighted, I Formatted Bicycle, equestrian p `p p — Formatted and hiking trails Formatted Formatted Formatted 26 Formatted = Permitted use = Accessory use = Conditional d se permit o c W = Temporary use R 'i; o ermit = Prohibited use m aai o braries and useums, isitor centers, lubhouses and )mmunity ennis courts or :)molexes. oubl Tennis clubs or ;omplexes, private 3olf courses and ;ountry clubs, ncluding ;lubhouses and )ther customary accessory uses, 3olf courses vithout above- jround structures, ncluding fairways, treens, tees and gns, subject to iaoter 9.160. races and walls, abject to Section 100.030, 3tellite dish and `A/ � a � a) 16 L c c d > O m V C o 0CL C CU 2 a) T Vl 2' R C Q '6 a) R a) tC = ur 0 °o ._ m a yo> �� a O LL 2 0 fn CO w Formatted Formatted Table / Formatted / Formatted IFormatted Formatted IFormatted Formatted T I� Formatted > I Formatted d O Formatted rn I Formatted o Q o I Formatted I/ Formatted / Formatted / Formatted / Formatted Formatted Formatted Formatted Formatted Formatted d Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted IFormatted IIFormatted II Formatted I I Formatted II Formatted II Formatted IFormatted II Formatted III Formatted IFormatted IFormatted ** I I Formatted IFormatted Formatted Formatted Formatted Formatted II Formatted Formatted IIFormatted Formatted II IFormatted Formatted IIFormatted Formatted II Formatted l •�• 17y1 117y1 1 7. r1161 P = Permitted use a y l6 R i T = Accessory use c — f° C = Conditional d m o D > O d > use permit T = Temporary use o p R '� o cvv CL = o � >• O —> L m O II permit 0 �' c c w � `—° 3 = ayi 'N = Prohibited use `m (D o a o = o> d= a w o I 0-W O O LL 200 rnoo w Q= other antennas, I I subject to Section 9.100.070 t Temporary outdoor T T T T T T ** events, subject to / Section 9.100.040 Commercial Filming, subject to T_ T_ T_ T _ T T_ T T_ Section 9.210.050 Single-family C. C' ** residential Multifamily residential, commercial (except sexually oriented businesses), office or industrial development, Sexually oriented businesses, subject C to Section 9.140.050 1\ Communication ** towers and \ equipment C C C C C' C (freestanding, new towers) subject to Chapter 9.170 I Communication towers and equipment (co- I location, mounted to M A** I existing facility) I subject to Chapter I 9.170 Electrical M, I I I substations 28 Formatted Formatted Table Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted P = Permitted use R > A = Accessory use c `_° C= Conditional d m c 2> 0 use permit -o o cvv = O m O T = Temporary use R '— o Q. permit N a) V c M °o Cn = ayi N ° X= Prohibited use m aci o a. y o> d= Cr o IL a 0 LL x00 wm w ax P P M� ** Water wells and pumping stations M M M' Water tanks and reservoirs Public flood control facilities and P devices Medical mari'uana X I — X I — X I — X I — X I — X" I — X I — X dispensaries Other principal, accessory or temporary uses not listed above 10rd. 492A 1, 2011; Ord. 299 §1 , 1997; Ord. 284 § 1 (Exh. A), 1996� 29 t Formatted: Indent: Left: 0", Right: 0.01" Formatted Table s Formatted: Font: (Default) Arial, Not Bold, Not Italic Formatted 224 Formatted . 218 Formatted F2191 Formatted r2201 \� Formatted [2211 Formatted r.. r2221 \ Formatted [2231 Formatted: Font: (Default) Arial, Not Bold, Not Italic Formatted L 232 Formatted r225 I Formatted 226 ... 227 IFormatted IFormatted ,, 226 I Formatted r ., 172291 I Formatted 230 I Formatted r231 I Formatted: Font: (Default) Arial, Not Bold, Not Italic I Formatted F2401 Formatted r2331 Formatted r2341 III Formatted r2351 I II Formatted ... 236 IFormatted IIII ,,, 237 Formatted ... 2S8 III Formatted .. 239 I III Formatted: Font: (Default) Arial, Not Bold, Not Italic Formatted: Font: (Default) Arial, Not Bold, Not Italic II Formatted: Font: (Default) Arial Formatted: Right: 0.01" Formatted: Font: (Default) Arial Chapter 9.200 GENERAL PERMITTING PROCEDURES 4- 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 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) 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 planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item. 30 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Formatted: Font: (Default) Arial Formatted: Heading 2, Left, Indent: Left: 0", Space After: 0 pt, Add space between paragraphs of the same style, Line spacing: single Formatted: Font: (Default) Arial Formatted: Normal, Don't add space between paragraphs of the same style, No bullets or numbering Formatted: Left, Indent: Left: 0.25", Space Before: 0 pt, After: 10 pt, Add space between paragraphs of the same style, Line spacing: Multiple 1.15 li Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 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 item Type of Application Decision- aking Authority Staff Planning Commission City 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 seepe A PH Site development LQ permit(per Minor use permit A* Minor adjustment A* Temporary use permit A* Home occupation permit ** Sign permit A* Sin program PH Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By planning director, By director of buildingaand safety ***Subject to the provisions of 9.210.010., *** ou , id be held if the 'tern . r,+ ed r, GG a & _al&PA_ar :*e **Also see Title- 13, Subdivisions, B. Administrative Action. Actions to be taken administratively per Table 9-23 preceding, 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) 31 Formatted Table Comment [n3]: Should SDPs be an administrative process, with staff approval? (See discussion under 9.210.010. Comment [n4]: May be deleted if Home Occ. Moved to Title 11. Formatted: Font: (Default) Arial, 10 pt, Not Bold, Not Italic Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Anal, 10 pt, Not Bold, Not Italic Formatted: Font: (Default) Arial, 10 pt Formatted: Indent: Left: 0", Tab stops: Not at 0.75" Formatted: Font: (Default) Arial, 10 pt, Not Bold, Not Italic 9.200.030 Combined applications. At the discretion of the director, applications for different types of actions may be combined and processed concurrently On one pplication with one fee deposit so long 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 the city 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 department sufficient funds to pay for the cost of completion of the environmental impact report tea --JFormatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style -j Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style -- Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 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 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. GePA#Ier 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. 33 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style C. Effective Date. The determination of the decision -making authority by Resolution shall be effective f+fteeReal,a-Qays afteF the date the SeGt'OR o 200 "0immediately 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 34 -J Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style --IFormatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have 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. 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. A:1. Content of Amendments. Permit amendments are required fort 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. 8-.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 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. 35 Formatted: Indent: Left: 0.75", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 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), 19961 ^ 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 or Village age use permit The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration: 1. Increases 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 ex+sti ngapproved landscaping, mil,,, ing the Fe al of t uFf r water feat es 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; 6Changes, substitutions, or adjustments to the approved color palette or material colors. 677. Changes in residential model design. D. Ineligibility. Modifications by applicant which have been determined by the planning director, planning commission, or city council to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit er amended Village use perm+ . (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996) 01 9.200.110 Public hearings. Formatted: Heading 2, Left, Right: 0", Space After: 0 pt, Line spacing: single, No bullets or numbering 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: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicants name, the ON 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 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. Appealable Decisions. Any development review action by the director may be appealed to the planning commission and any development review action by the planning commission may be appealed to the city council in compliance with the provisions of this section. Beard of Appeals. The plan ,m, ssten shall-�, no+it u+e the heard of appeals fGF de s h, +he nlonnine rlires+er and the Gity s sil shall r• notit Ute the heard of appeals fer .desisieno by +he DlanniRg Ger„missien G.B. Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning 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 board of appeals (either the planning commission or 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 planning commission regarding the action taken on a development review permit application. The beard of appeatsPlanninq 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. 38 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Formatted: Font: (Default) Arial, 12 pt, Font color: Black Formatted: Right: 0.01", Keep with next D. 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 of appeatsPlanning 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 sfappeats 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 of appealsPlanning 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-ef appeafs-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 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 Commission or City Councilb 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. 39 c. Refer the application back to the original decision -making authority with directions. 1. 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 city 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, 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) 40 -]Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Chapter 9.210 DEVELOPMENT REVIEW PERMITS 9.210.010 Auther+tyS to Development Permits. A. Terminology. For purposes of this code, site, architectural, lighting ands 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 ,veessed by the planningGGFnrnlss'E)nr +h,� seG#Ge .The Director shall be the Decision Making Authority for the following projects: a. New office or commercial buildings no more than 10,000 square feet - that are not part of an approved master commercial development or Specific Plan. b. New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved Specific Plan. c. New buildings on vacant pads within an approved commercial development. d. New single family models and landscaping plans in an approved tentative tract map. Vie. 2. The Planning Commission shall be the Decision Making Authority for the following projects: a. New office or commercial buildings of more than 10,000 square feet that are not part of an approved master commercial development or Specific Plan. 41 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" Formatted: Font: (Default) Anal, 12 pt, Font color: Black Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" Formatted: Indent: Left: 1" b. New multi -family buildings and landscaping no part of an approved Specific Plan. c. New Mixed Use buildings and landscaping plans. CnllnMng Planning f ommissioP rlegisinP all hi..h_.rle..oh.i reena,, and all nGR residential permits with stFuetuFes greater than GRe StOFY 0 twenty ME) feet in height and within o e h6lnrlred feet of residentially z nor! preper#;es—asp by measured ate- boundary.i of the el hieh +he I� sebjeGt Of the PeFMtShall he reviewed by the Gity Geunnil If a appeal regarding the permit has been filed i aGGordanne with SeGtien 9.200.120, the appeal shall he heard by the City CO Ann'I i erdanoe with that ` entien If no appeal is filed regarding the permit within the fifteen_nalendar_ day appeal P ed appreval of the Planning f emmissien an+ien shall he Planed on the City Gee innil's n ent nalendar at a GeURGil meeting within thirtydaysof the Planning ('nmm4660GR's decfsien Cher ld any member e the fifty- GGunGil requestthaithe —Ftenabe—rerneyed from the Gensent nalendar, n she ld the Planning Gernmissien's an+inn net he a ier! a nn+ nalendar item the permit shall be netined for p ublin hearing before the City GOURGil. Gity GeunGil'S F8VieW Of the item shall fully Ganside the nl'natie E. Preslse Develeprnea+ P�. UPnn al a site —development permit- censtitutes—a—preslse develepment planr—Therefore, all development authorized ender a site development n mit and a Y land uses aSSOGiated permit. . with the development shall he i nlianne with the Plans sifina+inns Pam, rm i F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any site development permit: 4-2. Consistency with General Plan. The project is consistent with the general plan. 2-.-3. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. -a-. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 475. 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. 6. 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. E1W Formatted: Font: (Default) Arial, 12 pt, Font color: Black Formatted: Normal, Indent: Left: 0.75", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" 6.7. 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. 7 Sign Programs Per SeGtien 9.160.090 (Sign n mi+ review), On enter to approve a planned sign pregrarn the deGisien making autherity m that: d fin-rt• rna--n-rc`r. a. Thesign is—cOnslsten+ with the purpose and intent of Chapter 9 1-0 (Signs); d. The sign p; ;haFrReny with and visually Felated te: i All s gRS within the planned SigR pregrarn, via the in r�fien of s Fal n n design elements s nh as materials, letter Style elers 01111minatien n type gR shape H. The: Buildings TheyIdentify. This may be accA,;pnlisked�by I' } d OW I �.+ th 1�tIm��FI�^-�l�asE4" S, 6 v^r$, er�reSi�ii�rrmvm--r'nv^*ctv �rcrrc b uildiRg herog identified Hi. SUFMURdiRg Deyelenmen+ Implementatien of the planned s pre„ram Will n„}adversely —a#est SUFFOURdiRg land uses aF nhsni ire adjaGen+ n.,nfnrminn 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 ne year from its effeGti„e dateasdefined in SeGtOGR 9.200.060. Time extensions may be gicantedshall 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 and minormits 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. €er 43 -- Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" — Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style p Fpeses of this sestien the term "usepermit" i nL des both s nditional use and FniRGF Use mite 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 commission in conjunction with a public hearing held pursuant to Section 9.200.110. Miner use permits shall beproeessed administratively by the planning director pursuant to SeGtien o 200 n2-n 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 either a conditional use permit OFa minor u perm't• 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 deGisien_making authority m impese a time limitation on establish a ration .fate nn the i permit itself. Time evtensions m ay he g nte.d n nt to SeGtien o 200 08 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 council, or planning 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) 44 Formatted: Font: (Default) Arial, Font color: Auto 9.210 020 Minor use permits A. Purpose. The purpose of a minor use permit or minor use permit is to - provide for individual approval or denial of land uses requiring such permits under this code. 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 by the Community Development Director pursuant to Section 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, 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. 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. H. Amendments. Amendments to use permits shall be processed pursuant to - Section 9.200.100. I. The use permit may be modified or revoked by the City Council, or Planning 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 incurious 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) 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" 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" Formatted: List Paragraph, 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" Formatted: Font: (Default) Arial, 12 pt, Font color: Black 9.210.030 Variances. A. Purpose. The purpose of a variance permit 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 activity 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, 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. C. Decision -Making Authority. Variances shall be reviewed by the 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. Rre@Ise Deyelepment Plan. Upon approval, a var.a^se�ermit GORStitFteS a PFeelse development -plan. Thee, araeYelepmen'tr her aetiVity at1+�� rFzedRder StFcpermit shall be—IR cOMPlia Ge with T appreved perm4. 1=E. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 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 peFFF1i 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. erg Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Formatted: Font: (Default) Anal, 12 pt, Font color: Black 7. No Special Privileges. The variance's -permit's-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. G. Tire—des+sien making authGFity may impese a time limitation en establish, n;^}�evaraRGe per^�as-de iRedIn oestiGR 9.200.080 Time extensions may be g ante J pursuant to Seabee 9.200.080. H.F. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.499080 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 permiter feF deviatie s eGif;^a"„ identified ;n this code. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Only ene setba kUp to three adjustments per lot shall be allowed. Example an adjustment . f the fien" 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 commission or city 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. -J Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Dr r t Plan al adjustment 't F. ,sec+.,e Development r-pe�r; senstitutes—a presrse development plan Therefore, 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. 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 „ therity may ampase a time limitation e oo+nhGohment of the miner adjustment n mit as defined in Section 9.200.080. Time extensions may ho 0 a I I . ant .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. 48 Formatted: Font: (Default) Arial, 12 pt, Font color: Black Formatted: Indent: Left: 0", Right: 0.01" Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 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. PFesise DeveiepMeRt Plan. UPea approval, a teary useper,=nt senstEtUtes aPFessse de elOpMeRt plan. T#e=efefe aAny 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. 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) I9.210.060 Home occupation permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods 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 director of building and safety 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 standards consist of the following: a-G. The establishment and conduct of a home occupation shall be an - incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2-.H. Only residents of the dwelling unit may be engaged in the home occupation. -3-.I_A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required 49 Comment [n5]: May move to Title 11. Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 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" for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4.J. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. -5-.K. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. L. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7:M. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 9-.N. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. -9-.0. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 4-0-.P. All conditions attached to the home occupation permit shall be fully complied with at all times. (Ord. 284 § 1 (Exh. A), 1996) 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 develOpMeRt review action by the city 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. so IFormatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style — Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 1. The owner of the property or by the owners agent (with written notarized authorization from the owner); 2. The city council by a majority vote; 3. The planning commission by a majority vote; or 4. The planning director. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. 2. Prior to city council review, the 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 planning commission, the proposed modification may be referred to the 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 council prior to approval of any zone map change: 1. Consistency with General Plan. The zone map 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 map 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 cede text amendments. A. Purpose. A zoning sed&-text amendment is a development review action by the city 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 council; 2. The planning commission by a majority vote; or 3. The planning director; S1 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 3A. An interested party. D. Review Procedures. Code 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 city council prior to approval of any nede text amendment: 1. Consistency with General Plan. The code amendment is consistent with the goals, objectives and policies of the general plan. 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 t — Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same A. Purpose. A general plan amendment is a diSGretienary legislative action by Style the city 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 city council by a majority vote; 3. The planning commission by a majority vote; or 4. The planning director. 475. 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. t=1. General Plan elements specified as mandatory in the State- _ Formatted: Indent: Left: 0.75", Numbered + Government Code may be amended pursuant to City Council Level: 1 li Numbering Style: 1, 2, at ... + Start at: 1 +Alignment: Left +Aligned at: 0.56" + Resolution 2000-77. Each amendment may include more than one Indent at: 0.81" change to the general plan. G: The 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) w.2. % Formatted: Font: (Default) Anal, 12 pt, Font 4-F. Review Procedures. 1. General Plan elements speeined as ^,ate—iR the State ('eyeF.,., eRt ( ede may be 0 eRded p aRt tO nity G Gil ReGGIU+i.,., color: Black AN 1. General plan amendments shall be approved, approved with modifications or denied by resolution of the city 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 city council review, the planning 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 planning 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. 9-.G. Required Findings. The following findings shall be made by the city - council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The General Plan amendment is 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) S3 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: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" — Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" 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. 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 city council 2. The owner of the property or by the owners agent (with written notarized authorization from the owner); 3. The planning commission by a majority vote; or 4. The planning 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 city 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 Pplan 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. F. 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) Chapter 9.250 OTHER ACTIONS 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 m S4 -J Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style --JFormatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 9.250.030 Development agreements. A. Purpose. A development agreement is a disGretionary legislative action by the city 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. 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 city 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 city council for affordable housing that is in conformance with the general plan. 55 Formatted: Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style 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 commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The planning commission shall make its recommendation to the city 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; 6V 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 City Council. After the recommendation of the planning commission 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 the city council in the manner provided for in subsections C6 and 7 of this section. 10. Decision by City Council. a. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing on matters referred back to it by the city council. b. The development agreement may not be approved unless the city 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. 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 commission without a noticed public hearing so long as the 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 the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider M 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 city 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 city council will review the development agreement. c. The city council may refer the matter to the planning commission for further proceedings or for a report and recommendation. 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 city 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 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 city council determines to proceed with modification or termination of the development agreement, the city 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 city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The 58 decision of the city council shall be final. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.60.?? Planned Unit Development Standards K. Purpose. The purpose of the Planned Unit Development is to allow flexibility in the design of residential projects, and encourage the development of creative, high -quality residential projects that provide attractive living environments in a setting that is different from standard single family home development. L. Permit Required. Planned Unit Developments (PUD) shall require approval of a Conditional Use Permit. M. Design Guidelines Required. All PUDs shall be required to submit design guidelines that include: 1. A site plan that shows building and unit footprints, common and private open space areas, parking areas, roadways/driveways/alleys, and access points. 2. Architectural plans that include elevations, floor plans, roof plans, lighting and landscaping plans. The graphic plans must be accompanied by text that describes minimum development standards, building materials, landscape palette and lighting details. 3. For projects proposing two or more story structures, a massing plan that depicts the relationship of the structures within the project to each other, and to development adjacent to the project. The massing plan shall be accompanied by text that describes how the project is compatible with surrounding development. 4. An open space plan that describes in text the area(s) to be devoted to common area open space, and the amenities to be provided, as well as a calculation of the percentage of open space provided in relation to the residential units. 5. A circulation plan that provides graphics and text describing the roadway/driveway/alleyway cross-section dimensions, parking areas, and entryway treatments. N. Development Standards. All PUDs shall be subject to the following development standards. 1. Density. The maximum density allowed in a PUD shall not exceed the General Plan and Zoning designation on the property. 2. In order to encouraae creative desian. development standards in PUDs can be proposed by the applicant. The applicant must demonstrate in the project's Design Guidelines that reduced setbacks are offset with protect amenities. 59 3. Open Space. A PUD must provide 30% of the net project area (not including City street dedications, interior streets or parking areas, as common area open space. Common area open space cannot include parking lot landscape areas, landscaped areas of less than 5 feet in width, or any open space area provided for the exclusive use a residential unit. 4. Parking: Parking shall be provided consistent with Chapter 9.150. As provided in that Chapter, variations from parking requirements can be proposed in a PUD, with appropriate substantiation. 5. Signage. Signage shall be provided consistent with Chapter 9.160. O. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any Planned Unit Development: 8. Consistency with General Plan. The project is consistent with the general plan. 9. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 10. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 11.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. 12. Site Design. The site design of the project, including, but not limited to, protect 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 cif 13. 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. 60 Page 26: [1] Formatted nsc 4/25/2015 313.00 PM Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Page 26: [2] Formatted nsc 4/25/2015 3,13:00 PM Heading 2, Left, Space After: 0 pt, Add space between paragraphs of the same style Page 26: [3] Formatted Kimberly Cuza 3/10/2014 2.38:00 PM Indent: Left: 0", Right: 0.01" Page 26: [4] Formatted Table nsc 11/11/2015 7:43:00 AM Formatted Table Page 26: [5] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial, Not Bold, Not Italic 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Cuza 2/28/2014 10.2500 AM Font: (Default) Arial Page 26: [46] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [46] Formatted Kimberly Cuza 2/28/2014 10:2500 AM Font: (Default) Arial Page 26: [47] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [47] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [48] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [48] Formatted Kimberly Cuza 2/28/2014 10.25.00 AM Font: (Default) Arial Page 26: [49] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [49] Formatted Kimberly Cuza 2/28/2014 10,25,00 AM Font: (Default) Arial Page 26: [50] Formatted Kimberly Cuza 2/28/2014 10:25:00 AM Font: (Default) Arial Page 26: [51] Formatted Kimberly Cuza 3/10/2014 2,38.00 PM Indent: Left: 0", Right: 0.01" Page 26: [52] Formatted Table nsc 11/11/2015 7:43:00 AM Formatted Table Page 27: [53] Formatted Kimberly Cuza 2/28/2014 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streamlining change 8.13.030.A Applicability of Turf reduction plans -Clarify inapplicability to SFD homesites 0 No further direction given landscaping review subject to full review -Make section inapplicable to turf reduction process/application plans 8.13.030.B Clarify submittal Text not tied to actual -Change text to cite application 0 Changes reviewed 11/19; items application requirement -Change reference to project and not PC no further direction given 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 No further direction given Grading requirements bond requirements Bonds Page 1- Development Code Tune- Title 8 Draft Recommendations- 12-16-2015 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. ResmdeRt hemoewrler__P Vi de d and/er hemeewnor_. hirer! IandsGaping a+ 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; c.d. Registered local, state, or federal historic sites; Vie. Ecological restoration projects that do not require a permanent irrigation system; e.._. Mined -land reclamation projects that do not require a permanent irrigation system; �.c.Plant collections, as part of botanical gardens and arboretums open to the public. B. Final Landscaping Plan Application Submittal PaGkageReguirements. 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 GOpies of +hoThe final landscaping plan submittal GGRfeffniRg to this ehapterapplication shall be submitted to the city in accordance with the requirements and information as stipulated on the City application form. No perrnitCitV-approval shall be issued until the city and the local water purveyor ro"; 3ws and appre have reviewed and accepted the landscape documentation package. oriel: to r rat, R and s brniSS'OR of the 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 landSnr,ninn pIaR submittal, With the e r,n+ieR of Fehabilitate J .,r h.,me owner provided 'andSnnninn the preliminary landscape design shall holf applicable, the final landscape plan submittal shall substantially conform to the proiect's preliminary landscape plan as approved lby the planning Aemmi�rLor the proiect. 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]: Eliminated PC review per Ad Hoc commentary of 10/28. Comment [WN3]: 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 PFE)jeGt; the type Of Unit GeleGted must be used 8XGIUSeVely thrGughout that prejeGt 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 by issuaRGe of a grading GeFtifiGate signed by the Gity engineer designated to issue said ceFtif'Gat4e-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 basedUPea-the a+eriol in either e..Gayatien er fill whiGheyer is the n eater o n+ and shall determined by the method outlined in Engineering Bulletin #04-09, which is available via the City website at www.la-guinta.org. 4 ATTACHMENT 3 Title 13- Subdivision Regulations (La Quinta Municipal Code) Development Code Tune Up Draft Recommendations Analysis — Specific to Ad Hoc comments received 11/19/15 *Highlighted text relates to streamlining or significant change for discussion by Ad -Hoc Committee ' • •r 13.04.060 Decision authority Reduce layers of review for map Revise review table to limit PC and CC review of 0 No further direction given Review and on tentative maps applications mapping actions, except where maps filed with Approval (Pg. 2) other applications require those reviews. Authority Staff has added TPM review by Director as non- 0 Confirmed change PH 13.04.070 Add review type No procedures for TTM revisions or Add definitions to allow for Revised TTM and 0 No further direction given Definitions definitions (Pg. 4) substantial conformance Substantial Conformance processes 0 Added revisions to cite General Plan for defined street hierarchy Chapter 13.08 Subdivision Outdated Delete Chapter and reserve Chapter number 0 No further direction given Subdivision process flowchart Process (Pg.10) 13.12.050 Clarify Clean-up / update Consistency with application forms and current No further direction given Application requirements (pg procedures materials 11) 13.12.120 Requires cultural Unclear and redundant as Delete Section as application and General Plan 0 No further direction given Special studies and bio studies applications vary sets forth requirement to address studies (Pg 12) 13.12.120 Add process for Current ordinance does not allow Add Section on procedure for revised tentative 0 No further direction given (New) revised maps for revision to approved tentative maps Revised maps tentative maps 13.12.150 Establish validity N/A - Update and clarify Current state provisions allow initial 3 year 0 No further direction given Term of of tentative map approval term, while current code cites 2 year tentative (pg 13) term maps 13.12.160 Establishes time Ordinance not reflective of current Allow longer extension terms and flexibility in 0 No further direction given Extensions of extension process state allowances granting those terms. time for (pg 14) tentative maps 13.12.170 Establish Ordinance does not codify current Codifies the current process and clarifies it as a No further direction given Substantial substantial use of a substantial conformance Public Works preocedure, allowing flexibility by conformance conformance through Public Works. granting discretion to PW in applying the with tentative process (pg 15) process map 13.24.070 and Sets street design Section reflects prior General Plan Delete Table 13.24.070, and replace with Add reference to where 080 - Street standards (pg 17) geometries general reference to current General Plan. standard is in General design Update table in 13.24.080. Plan - added 13.24.090 References image Section reflects prior General Plan Update per current GP No further direction given Image corridors (pg 18) language corridors 13.24.130 References Section reflects prior General Plan Update per current GP No comment made - Landscaped landscape language acceptable change setbacks setback requirements (pg 19) 13.32.020.0 Limits Unclear at this time Proposes including Village Commercial and No comment made - Lot line adjustments Major Community Facility zoned property to acceptable change adjustments within a 6 month allowed exception for commercial districts period on residential zoning (pg 21) Page 2 — Development Code Tune Up — Title 13 Draft Recommendations- 12-16-2015 TITLE 13 SUBDIVISIONS AD HOC EDITS Chapter 13.04 BASIC PROVISIONS 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 1 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 -making body (City Council as consent calendar item) Decision -Making Authority Type of Application Staff Planning City Commission Council Vesting Tentative maps R PH PH Tentative maps PH PH A* A CC PH Revised Tentative maps Tentative Parcel maps Tentative map extensions Final and Parcel maps Waiver of Parcel maD Reversion to Acreage PH Lot Line Adjustments A Parcel Mergers A 2 Comment [WN1]: Changed to Administrative; no public hearing TITLE 13 SUBDIVISIONS AD HOC EDITS Amending Final maps Substantial Conformance - Tentative maps Environmental review PH A** Per city environmental review procedures * By Community Development Director. Map can be referred to Planning Commission at Director's discretion.) ** By Public Works Director Community Development Director may only consider extensions if there are no proposed changes to the tentative map. autherity. traGt reap (Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995) 13.04.070 Definitions. As used in this title: "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 approved tentative map, but with no substantial change 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. 3 Comment [WN2]: Added to allow referral of maps TITLE 13 SUBDIVISIONS AD HOC EDITS "Specific plan" means a plan adopted by the Gity-GE)4Pc-4Qity Council that is based upon the c+ty-City of La Quinta general planGeneral Plan and is consistent with Section 65450 et seq. of the Government Code. "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�cty- feur to seventy fear feet right-of-way with a vaFmable-width as specified in lExhibit II-3 of the 2035I General Plan circulation element. Collector streets are designed for both Comment [WN3]: Added per 11-19 Ad Hoc mobility and access to adjacent property and often provide on -street parking. Collector commentary 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 lExhibit 11- 2 of the 2035I General Plan circulation element. - comment [WN4]: Added per 11-19 Ad Hoc GelleGter Street within the Gity of La Quinta. commentary 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 I Q Uinta general gan2035 General 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 rernaining-other 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 h, ,ndFed tWent„ feet right-of-way width as specified in Exhibit 11-3 of the 2035 comment [WNs]: Added per 11-19 Ad Hoc General Plan circulation element,n;nety foot ;n .,;d+h he+,.,een rh fo eo ,.,;+h commentary eighteen feet wideand 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. Washington Street leffersen Street and Fred Waring nri.,e examplesDesignation of major arterial streets in the Gjty�City of La Quinta are set forth in (Exhibit 11-2 of the 2035 General Plan circulation element. Hi hhwa)t 111 is also -classified - Comment [WN6]: Added per 11-19 Ad Hoc as a major arterial, but has , E)Re hundred seventy two feet widevariable right-of-way commentary and varying improvement widths as established by the Galifernia Depart r ,en+ of Transpertatienset forth in the 2035 General Plan circulation element. Comment [WN7]: Added per 11-19 Ad Hoc commentary 4 TITLE 13 SUBDIVISIONS AD HOC EDITS Street, Primary Arterial. "Primary arterial street" means a four -lane street improvement within a one hundred to one hundred ten feet right-of-way width as specified in (Exhibit 11-3 of the 2035 !General Plan circulation element, seventy-six to eighty-six feet in width — Comment [WN8]: Added per 11-19 Ad Hoc between curb faces, having and includes a raised center median twelve to ^;^"+^^^ f^^+ commentary in-wkR to 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 !Exhibit II-2 of the 2035 !General Plan circulation element. Miles Avenue, Avenue 50 and Comment [WN9]: Added per 11-19 Ad Hoc Eisenhower Drive are examples of primaFy arterial str .8 Gity of La QUiRta. commentary 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 fo + a right-of-way width as specified in ;Exhibit II-3 of the 2035 General Plan circulation element.sixb4o r f^^+ wide between _curb _faGeS Comment [WN10]: Added per 11-19 Ad Hoc The secondary arterial is designed for mobility, to provide continuity through the commentary 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 !Exhibit 11-2 of the 2035 !General Plan circulation element. Adams Street Dune Palms Comment [WN11): Added per 11-19 Ad Hoc Avenida Bermudas south of Avenue 52 are eXaMpleS E)f SeGG)ndary arterial streets; in the city of La Quinta-. commentary "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. TITLE 13 SUBDIVISIONS AD HOC EDITS "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. Comment [WN12]: Delete this entire section 13.08.010 Diagram. The La Q pinta su bdiyisien PFGGeGS shall he as fellow,,:; . w�. .w.ti e .r�Yn w r.r1 c.r.. s..r. r y �+ Y IY lMrrrr r.w POW �• �. i H-C fY iY N Y. Y Tie! M �w+ F+K1 ewr rw rer i"' S�+�E i T`M• � iY�Y'Y _ �i+�i il�nlE IIAl�d` W swlF w d� iwvi rR satyr rt M1IR�+ AMit W W 4YM �n MM�+ Ye.+ MwiM+f ry sYY i""+y +d Ny[sy r 1.9 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 n'ann;nn denartmen}Community 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: A. —The city tentative subdivision map application form; A. B— 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 hundred feet Fadius map exhibit, draWR te sGale, whiGh displays these propertiesyiitWn five h ndred foot of the c ihdivisien be ndarie and whioh identifies names of the affected property owners, s lister! On the latest updated county equalized toy rolls; Three sets ef self adhesive mailing labels and One photeGepy of the Rames and addresses of thesePFGpeFtY Ei�"w Rers within five WRdredfeetof the subdiVOsOon -h e --- A d- a F)F 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. Tw„ty-f;v--he requisite number of copies of the tentative map (as stated in the application requirements form), folded accordion 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; TITLE 13 SUBDIVISIONS AD HOC EDITS E. A preliminary title report prepared and dated no more than ninety days prior to submission of the application; 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 1. , 2_ 2. Biological study , 3_ 4. Traffic study 4. Geologic and/or soils study, 1.-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) 13.12.100 Public notice procedure. A. Public Notice. Public hearings shall be held on O&tentative maps as set forth in Table 13-1. (Notice of such hearings shall be published at least one time not less Comment[WN33]: Revised to refer to than ten days before the date of the public hearing (twenty days if the tentative Authority Table 13-1 map is not exempt from CEQA action). The notice shall include the following information: 1. The time and place of the public hearing; 2. The hearing body or officer; 3. A general explanation of the matter to be considered; 4. A general description of the property in text or diagrammatic form; 5. Map preparer/subdivider representative. TITLE 13 SUBDIVISIONS AD HOC EDITS threat , ice„+ ^n� wildlife +i f^7�r 997 Ord. 272 endangered eg (Ord._ a-9w 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 approval of the revised tentative map. 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 adviser ageneyCommunity Development Director or the planni+4q-Planning seffWnissien Commission by using the following procedures: A. Appeal of the Adviser, n^^^^„Approval Authority Decision. Within ter fifteen calendar days after the date of the anddecision by the advisery agenEyCommunity Development Director, a written appeal, accompanied by the appropriate filing fee, may be submitted to the planning departmentCommunity 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 sta#f-decision. The appeal shall state the item to be appealed and the reason for the request. The planRi^^ diFogtGrCommunity Development Director shall set the matter for hearing before the planning eeFnFn4S en 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 Plan ROng Corn w iooi^^ TITLE 13 SUBDIVISIONS AD HOC EDITS a written appeal, accompanied by the appropriate filing fee, may be submitted to the planning depa tmen Community Development Department. The city clerk shall set the matter for hearing before the Goy -City ceunG4Qouncil. 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 seeneii Council shall expire tWeRty six months after such approval. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.12.160 Extensions of time for tentative maps. 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 twethree-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 a-ene-yearn extension of time. Requests -Applications for extensions of time shall be filed with the plaRRiRg depaFtmeR Community Development DepartmentCommunity Development Department en either approved feFrR or by letter. All requests for extensions of time shall include: 1. A completed application form ometer; 2. An identification of the length of time requested and reason�sj for the request; 3. The current processing fee as charged by the city for tentative map time extensions; 4. The requisite number of copies of the tentative map as required by the application. The tentative map shall be as approved by the Gity-City GilCouncil. Additional copies may be requested subsequent to the application submittal. Extensions of time may be granted by the planning -Community Development d+reder Director if there are no changes to the approved tentative map. The director may waive some or all submittal material as noted in subsections (B)(1) through (4) of this section. Extensions of time that include Baas changes to the approved tentative map are subject to the public notification procedure provided for in Section 13.12.090 and will be 10 TITLE 13 SUBDIVISIONS AD HOC EDITS 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 ey ars. maximurn of throe ene year time extensions 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 c+ty approval authoritymay 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. 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 request. 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 zonina comnformance with the approved tentative maD. 11 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, iRGWd'4gwith 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 industrial or commercial development, and which has the approval of the Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.28" + Indent 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, e, 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 adViS„n, n12nriRg n deGiSiGRs 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) 12 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 felteWiRg tableCirculation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II- 3, as may be subsequently amended. 13 Comment [WN14]: Added per 11-19 Ad Hoc commentary TITLE 13 SUBDIVISIONS AD HOC EDITS EMEM I - MIN - 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 ^ev^,rParking on both sides of the street 40 feet Entry and primary circulation streets 14 TITLE 13 SUBDIVISIONS AD HOC EDITS (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 13.24.090 Image corridors and gateway iRt rseGtOORS The circulation element of the 2035 La Quinta general -General plae-Plan establishes image corridors and gateway iRteFSeGtiGRG_ which warrant special improvements. Improvements constructed along image corridors and at gateway +oFSeGt'GRS shall comply with the improvement standards identified in the general 2036 General plaaPlan. (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 15 — Comment [WN15]: Added per 11-19 Ad Hoc commentary Comment [WN16]: Added per 11-19 Ad Hoc commentary TITLE 13 SUBDIVISIONS AD HOC EDITS architect. Landscape and irrigation plans shall be submitted for review and approval of the planning directGrCommunity Development Director and the CSity €ngineerEngineer (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, er Of adepted,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 G#�-City eng+eeerEngineer. (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 geaer-akmost 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) 16 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 Reighberheed Neighborhood corn,me,�er ��Commercial, commenAy-Community canierGerG4Commercial, regional Regional co �merGoalCommercial, office Office Commercial,er business parkCommercial Park, Village Commercial or Malor 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) 17