2015 11 19 Agenda Packert - 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
AD -HOC COMMITTEE
AGENDA
CITY HALL STUDY SESSION ROOM
78-495 Calle Tampico, La Quinta
REGULAR MEETING
THURSDAY, NOVEMBER 19, 2015 AT 3:00 P.M.
CALL TO ORDER
Roll Call: Committee Members Bettencourt, McCune, Pena, Radi, and Chairperson
Wright.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the Committee on any matter not listed on the
agenda. Please complete a 'Request to Speak" form and limit your comments to three minutes. The
Committee values your comments; however in accordance with State law, no action shall be taken on
any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. Approve minutes of October 28, 2015.
STUDY SESSION
1. Development Code Tune Up.
ADJOURNMENT
The next regular meeting of the Ad -hoc Committee will be held on Wednesday,
December 16, 2015, commencing at 4:00 p.m. at the La Quinta Study Session Room,
78-495 Calle Tampico, La Quinta, CA 92253.
AD -HOC COMMITTEE AGENDA
NOVEMBER 19, 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 November 13,
2015.
DATED: November 13, 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
NOVEMBER 19, 2015
AD -HOC COMMITTEE
MINUTES
TUESDAY, OCTOBER 28, 2015
CALL TO ORDER
A regular meeting of the La Quinta Ad -hoc Committee was called to order at 3:00 p.m. by
Chairperson Wright.
Roll Call: Committee Members Bettencourt, McCune, Pena, Radi, and Chairperson
Wright.
PLEDGE OF ALLEGIANCE
Committee Member Radi led the Committee in the Pledge of Allegiance.
PUBLIC COMMENT - None.
CONFIRMATION OF AGENDA - Confirmed.
APPROVAL OF MINUTES
Motion - A motion was made and seconded by Committee Members Bettencourt/Radi to
approve the Ad -hoc Committee Minutes of September 9, 2015 as submitted. Motion
passed unanimously.
STUDY SFSST,'
1. Development Code Tune Up.
City Manager Spevacek gave the Committee an overview of the City's succession planning
efforts.
Chairperson Wright noted the Committee had received the October 13, 2015,
Development Code Tune Up Stakeholder Meeting results and the information was also
made available to the public.
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 OCTOBER 28, 2015
Discussion followed regarding the submittal and review process of tentative parcel map
applications, which address only subdivision of land without any site improvements and
are subject to Director's hearing approval.
The Committee discussed the applicants' awareness of the development approval process
and timeline, the preliminary review application process available to the applicants' to
identify any fatal flaws prior to actual application submittal, completeness review, and the
need for technical reports and studies. Staff noted that Preliminary Review applications
did not require the submittal of actual site plans, but only conceptual plans.
The Committee suggested that timelines be incorporated into the "Basic City Council
Process" flowchart prepared by staff to make the applicant aware of the timeframe
necessary to complete the development review process from application to approval.
Staff provided an update on the results and feedback received from the online survey, the
Stakeholder meeting held on October 13, 2015, and the one-on-one conversations
between staff and developers/applicants. Staff noted that a second Stakeholder meeting
is tentatively scheduled to be held on December 2, 2015.
Discussion followed regarding environmental review requirements, SB 18, AB 52, state
notification requirements, and tribal historic resources databases, which typically are held
confidential by the tribes and are only shared on a case by case basis. The Committee
inquired as to a "Master Environmental Assessment" or possibly a valley -wide approach to
streamline the tribal review and consultation for development projects. Staff replied that
they are in the process of identifying opportunities to reform the City's practices with
respect to cultural resources.
Discussion followed regarding the proposed changes to Title 9 (Zoning), Title 8 (Building
and Construction), and Title 13 (Subdivision Regulations).
The Ad -hoc Committee provided direction to approve several staff recommended changes
except the following:
• Restaurants, drive-throughs - no change.
• Micro -brewery or wine tasting, accessory to restaurant or bar - acceptable as
an accessory use in all commercial zones but modify bar to tasting room.
oom.
• Townhome and multifamily dwelling as primary use - keep as a Conditional
Use Permit in Regional Commercial and Commercial Park Zones, but allow in
Community Commercial, Neighborhood Commercial, Office fice Commercial, and
Village Commercial Zones.
• Private parking lots/garages as a principal use subject to Chapter 9.150,
Parking - no change.
AD -HOC COMMITTEE MINUTES 2 OCTOBER 28, 2015
• Site Development Permit - maintain a Site Development Permit reviewed by
the Planning Commission; create a Minor Site Development review process
with thresholds, that allows for administrative review.
Staff noted Title 7 (Historic Preservation) was reviewed and it did not require any updates.
A brief discussion was held regarding the role of the Historic Preservation Commission and
Architectural and Landscaping Review Board in the development review process and
direction was provided by the Committee to discuss in greater detail during the next Ad -
hoc Committee meeting.
Committee Member Pena asked staff to review the code as it relates to marijuana
cultivation, mobile dispensaries and deliveries.
Staff said the next Ad -hoc Committee meeting has been scheduled for November 19,
2015, at 3:00 p.m., and the last meeting for December 16, 2015, at 4:00 p.m.
Committee Member Bettencourt asked staff to provide information on the due process
requirements for development review at the administrative level.
Committee Member Radi commended staff for their efforts on the development code
update.
ADJOURNMENT
There being no further business, it was moved and seconded by Committee Members
Bettencourt/Pena to adjourn this meeting at 5:15 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, Executive Assistant
City of La Quinta, California
AD -HOC COMMITTEE MINUTES 3 OCTOBER 28, 2015
STUDY SESSION ITEM NO. 1
City of La Quinta
AD -HOC COMMITTEE MEETINGS November 19, 2015
STAFF REPORT
TO: Honorable Ad -hoc Committee Members
FROM: Gabriel Perez, Planning Manager
DATE: November 19, 2015
SUBJECT: Development Code Tune Up
The following outline represents the key items that will be presented by staff:
OVERVIEW OF 2"d AD -HOC MEETING - OCTOBER 28, 2015
• Development Review Flowcharts
• Outreach
• Draft Development Code Changes
DRAFT CODE TUNE UP OVERVIEW
• Title 9 - Zoning (Attachment 1)
• Title 8 - Buildings and Construction (Attachment 2)
• Title 13 - Subdivision Regulations (Attachment 3)
REVIEW BOARDS AND COMMISSIONS
• Director's Hearing
• Architectural and Landscaping Review Board
• Historic Preservation Commission
DUE PROCESS
• Notification Requirements
• Referral
• Call -Up Review
NEXT STEPS
• Next Ad -Hoc Committee meeting -December 16, 2015 at 4:00 p.m.
ATTACHMENT 1
Title 9- Zoning - (La Quinta Municipal Code)-11-19-2015
Development Code Tune Up Draft Recommendations Analysis for Ad -Hoc Committee Meeting #3
*Highlighted rows identify substantial changes from existing procedures- Specific to Ad Hoc comments received 10128115
*Light gray rows identify staff recommended changes not identified in previous Title 9 document dated October 28.
Code
Review
Inefficiency/Challenge
Possible Improvement
Outco
Ad Hoc
Section•
•
�X
•
9.40.040
Housing types not
-Specific Plans require
Create new Code Provisions for Planned
0 Savings in
• Acceptable
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, density and
designs are not
landscape setbacks.
allowed within the
Allow the final review authority
scope of the Code.
to be Planning Commission
-Creates staff
Approval
challenge for tracking
multiple standards for
Specific Plans
9.40.040
Duplexes (two units on
-Specific Plan a
-Prohibit in Cove Residential Zone.
Easier to
Permitted
the some 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
•
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
Page 1 of 17
Permitted
Use (pg 3)
approval at the
Residential Zones except Cove
Time
Uses in
Planning Commission
Residential Zone
0 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
. 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
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
0 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
0 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?
Page 2 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
9.40.040
Stand Alone Driving
-Requires a CUP
-Allow as Minor Use Permit in all
0 Savings in
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.
. 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
at 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
Page 3 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Nonresidenti
Commercial Park,
Commercial Zones.
al Districts
Community
Commercial, and
Neighborhood
Commercial Zone
-No reason why a CUP
is necessary if new
construction requires
an SDP.
9.80.040
Retail stores, over
-CUP required for
-Allow as permitted use in Regional
. Savings in
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
al 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
Page 4 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
al Districts
subject to Section
Neighborhood
9.100.120 (pg 15)
Commercial zones
-No reason why they
shouldn't be allowed
9.80.040
General and
-No reason why not to
-Allow as permitted use in the
0 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
0 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,
al 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
• Money
Nonresidenti
(indoor only) (pg 16)
-Can be reviewed at
Commercial and Village Commercial
at Districts
administrative level
Zones
-Administrative Level Review
9.80.040
Restaurants, drive-
-Not permitted in
-Allow as ^ permitted use iR
0 Encourages
No change
Permitted
through (pg 16)
Neighborhood
Neighborhood Commercia_t
investment,
Usesin
development
Nonresidenti
r^....gt r^..,.,.,ercial
al Districts
Zones
-Limits development
opportunities
9.80.040
Restaurants, counter
-We may want to
-Allow as an Accessory use
Encourages
Page 5 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Permitted
take-out with ancillary
allow restaurants and
investment,
Uses in
seating, such as
lessees in Public
development
Nonresidenti
yogurt, ice cream,
Facilities
al Districts
pastry shops and
similar (pg 16)
9 80 040
A46cre_brewery or wine
-Not currently a lend
-Add— nr. n nn\w/ lnnel ---qn
Acceptable
Der u
tGstinn accessory to
use designation rind
_411AW gc gn g/-reccnY\/ use In Gil�.;,�
change but
Uses InrestaWGIRt+he.reefA-re
rr-mmerriel Z nes except Major
• Money
modify bar to
Al e n Yee iad a n+i
I�
�}
"ems
Community Facilities 7nnn
•
. Cn/-gllYageo
tasting room
RvestmeRtj
„I n�m
-No lni+ies for
Will be
pport
+heee er+ghliehmen+o
development
presented
that /-nn he grant
separately in
a+++YnT
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.
al Districts
development
opportunities
9.80.040
Permitted
Dancing or live
entertainment as a
-not allowed in
Commercial Park
-allow in Commercial Park Zone with
approval of a Conditional Use Permit.
Encourages
investment,
Uses in
principal use (pg 16)
zone
development
Nonresidenti
at 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
Nonresidenti
accessory use (pg 16)
zone
-requires CUP in
-Allow as an accessory permitted use in
the Community Commercial,
Money
at Districts
Community
Neighborhood Commercial, and Tourist
Commercial,
Commercial zones
Page 6 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Neighborhood
Commercial, and
Tourist Commercial
zones
-If this is an accessory
use do we really need
a CUP?
9.80.040
Theaters, live or
-requires a CUP in
-Allow as permitted us in Regional
0 Savings in
Permitted
motion picture (pg 16)
Regional Commercial,
Commercial Zone.
Time
Uses in
Community
-Allow as a minor use permit in the
0 Money
Nonresidenti
Commercial zone,
Commercial zone, Neighborhood
. Encourages
al Districts
Neighborhood
Commercial, and Tourist Commercial
investment,
Commercial, and
Zones.
development
Tourist Commercial
-Administrative Level Review
0 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
0 Savings in
Permitted
onsite smoking, as per
Community
Commercial and the Neighborhood
Time
Uses in
the provisions of the
Commercial and
Commercial Zones.
. Money
Nonresidenti
Heath and Sanitation
Tourist Commercial
-Allow as an accessory use in the Tourist
at Districts
Code (pg 16)
Zones
Commercial Zone.
-Not permitted in
Neighborhood
Page 7 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Commercial Zone
-Are there any
business impacts that
require special
conditions?
9.80.040
Cigar lounges, hookah
-Requires a CUP in the
-Allow as minor use permit in Regional
. Savings in
Permitted
bars, and similar uses
Regional Commercial
Commercial, Community Commercial,
Time
Uses in
Nonresidenti
with onsite smoking, as
per the provisions of
and Tourist
Commercial Zones
Neighborhood Commercial, and Village
Commercial zones.
a Money
at 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
Permitted
Bowling alleys (pg 17)
-Requires a CUP and is
added in same
-Allows as a permitted use in Regional
Commercial, Commercial Park,
0 Savings in
Time
Uses in
Nonresidenti
category as pool or
billiards centers
Community Commercial zones.
-Allow as a CUP in the Village
. Money
al Districts
Commercial zones
9.80.040
D^^I ^r I-hrarri renters
-AIln�ni nc n ('I ID in the Cammevcinl DnvL
Cnr^ iron^c
Will be
0
o, d
n^I use a
CnmmeYnonl Dnrk
and Village Commercial zones
in„v^e T
presented
nrindpal use (pg , 7)
develepmeR*
separately
with Zoning
nI na+�,c
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
Page 8 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
al Districts
ge retail
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
. 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.
al 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
al Districts
Major Community
Facilities zones.
Facilities Zone.
-Not permitted in
Commercial Park and
Page 9 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Tourist Commercial
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.
al 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
at 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
9 Savings in
Permitted
tanks (pg 19)
permit in Major
Facilities zone
Time
Uses in
Community Facilities
0 Money
Nonresidenti
zone when the
al Districts
designation is already
the most appropriate
Page 10 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
zone
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.
0 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
0 Money
Nonresidenti
zone.
al Districts
9.80.040
Droyete swim sGhenls
-RE) Reed to real llnte
-eliminate ri use iinate lnnse Gategwy
. Not a
• Not a
oe�PrIl
(pg 19)+ham
_ran he .-Inccified in
streamlining
streamlining
„cam
IUewnreeiariecrnrcrti
r�-
al nic+ri,-+c
issue
issue
henith `-I, ih catener"
9.80.040
Train hi is anri tGXi
_Alone evict nnrl are
_eliminate 'anal Use rntener
Not a
• Not a
o, a
one
e+n+inRS (nn , o)
+here nn., renenne ,e,e
streamlining
streamlining
I Irpr
IUenresidenti
rvvrn-c�racrrcr
al n•�+ri,-+�
MADI ilri �.Af6t theca
fnrilitiec J
rcrcn-rcr�.a-:
issue
issue
9.80.040
Townhome and
-Only allowed as a
-Permit by right in Regional Commercial,
. Savings in
Staff
Permitted
multifamily dwelling as
CUP in Regional
Cnmmnrcinl Dnrb, Cnmm„ni+..
Time
recommende
Uses in
a primary use (pg 18)
Commercial and
Commercial, Neighberhoodrnmmere�i^',
Money
d change not
Nonresidenti
Commercial Park
To-WaSt- Commercial, Office Commercinl,
• 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
Page 11 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
Commercial,
-Allow with CUP in Community
in all
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
0 Money
Nonresidenti
timeshares and
permitted by right for Regional
0 Easier to
at 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
0 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
Page 12 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-201S
Uses in
Nonresidenti
21)
mitigated with
conditions under a
• Money
at Districts
Minor Use Permit
9.80.040
Permitted
Private parking
lots/garages as a
-Requires a CUP in
most Commercial
-Prehihi+ in Regir)nnl f nrnrn^r6nl and
0 Savings in
Time
• No
Community Commercial 7.,n
Uses in
Nonresidenti
principal use subject to
Chapter 9.150, Parking
Zones
-May not be a desired
_nnA,., ar, M „r „moo .,o..Y,i+ in Tn, rin+
Money
Commercial, Office Commercial, and
al Districts
(pg 21)
use in some
Major Community Facilities, and Village
commercial zones as
rnmmereial
it may prevent retail
-Keep as a CUP in the zones where it is
development
currently required.
9.80.040
Permitted
Auto parts stores, with
no repair or parts
-CUP is unnecessary
-Allow as a permitted us in
Neighborhood Commercial and Village
0 Savings in
Time
Uses in
Nonresidenti
installation on the
premises (pg 21)
Commercial Zone.
• Money
at Districts
9.80.040
Permitted
Lumber yards, outdoor
(see retail stores for
-CUP is unnecessary
when a MUP can
-Allow as a Minor Use Permit in the
Commercial Park Zone.
0 Savings in
Time
Uses in
Nonresidenti
indoor lumber sales)
(pg 22)
include conditions of
regulate use
• Money
al Districts
9.80.040
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
Nonresidenti
permit can include
conditions of regulate
-Allow as a permitted use in the
Commercial Park Zone
• Money
al 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
0 Savings in
Time
Uses in
Nonresidenti
equipment/storage
yards (pg 22)
when use can be
regulated with
-Allow as a permitted use in the Major
Community Facilities Zone
. Money
al Districts
conditions in a minor
Page 13 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
use permit.
-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
al 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
at 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
al Districts
9.200.020
Site Development
-Requires approval by
-411A-I - cno to be nnnreyed At rho
Savings in
Create a
Authority
Permit (SDP) (pg 31,
Planning Commission
io„oi
Time
Minor Site
41)
-Some Site
-Create a Minor SDP process to be
Money
Development
Development Permits
approved at the administrative level.
Review
require approval by
-Staff Recommended Threshold is:
Process for
City Council
New commercial developments
administrativ
10,000 sq. ft. in building area or
a review.
Page 14 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
less that are not a part of a
Keep Site
master commercial development
Development
or specific plan.
Permit at
• New landscape and building
Planning
construction on vacant pads
Commission
within an approved commercial
for big
development.
projects
• New residential architecture and
Major
landscaping in approved
concerns
residential tract maps.
with Minor
• New landscape improvements,
Site
residential or building
Development
construction or building remodel
Permit will be
consistent with an approved
referred to
Specific Plan.
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.
• 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.
Page 15 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
9.200.090
Modification
by applicant
(MBA)
C. Criteria (pg 36)
-MBA process does
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.
-Allow for changes, additions or
substitutions for site and grading plans in
the Modification by Applicant process.
0 Savings in
Time
• Money
• Yes
9.200.090
C. Criteria (pg 36)
-MBA process does
-Allow for changes in residential model
0 Savings in
Need
Modification
not allow for changes
design in the Modification by Applicant
Time
direction
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
0 Savings in
Need
9.210
authority (pg 31)
Site Development
authority
Time
direction
Developmen
Permits for high
• 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
Page 16 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
too rigid.
Page 17 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 11-19-2015
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
M = Minor use
permit H =
Home
occupation
75-
a0i
permit
;a
y
R
d
_
5
PTA**
)
d
reiredPUD-
Planned Unit
Development
=
N
T= Temporary
o
3
(n
N
o
=
c
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o - Specific
2
a�i
2
W
d
a
:r
d
xequiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
_j
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
w
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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
CID
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
use
m
c
c
>
J
L)
2
Land Use
RVL
RL
RC
RM
RMH
RH
Senior citizen
residences, 6 or
fewer persons,
P
P7
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
GM
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
MID
NAP
NAP
NAP
AAP
NAP
to Section 9.60.115
Open Space and Recreational Uses
Table 9-1 Permitted Uses in Residential Districts
P = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2
W
d
a
:r
d
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
r7
x
c
Use Permit
X = Prohibited
J
o
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
CO--Ont [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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o - Specific
2
a�i
2
plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
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 = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o — Specific
2plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
-J
o
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
GM
schools for above,
on 20 acres or
more
COMMURit
Rrecreational
vehicle storage
lots,
XA
XA
X
RA
RA
RA
nonGernmerG a^'^ass
—
—
—
—
—
ociated with a
planned
community
Communication
towers and
equipment
C
C
C
C
C
C
(freestanding, new
towers) subject to
Chapter 9.170
11
Table 9-1 Permitted Uses in Residential Districts
P = dal
Permitted use
A = Accessory
use
C=
Conditional
use permit
M = Minor use
permit H =
Home
occupation
permit
_
o - op"rf:o
2
a�i
2
plart
W
a
:r
equiredPUD-
W
Planned Unit
r
y
Development
=
y
o
T= Temporary
0
3
w
-4)
N
o
x
c
Use Permit
X = Prohibited
J
o
use
m
c
c
>
J
V
2
Land Use
RVL
RL
RC
RM
RMH
RH
Communication
towers and
equipment (co -
location, mounted
M
M
M
M
M
M
to existing facility)
subject to Chapter
9.170
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)
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.
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)
13
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. " M": 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 = Principal -Permitted
Y
"a
a
�,
6
use
A= Accessory use
�
a
r
o-
£
`)
3 y
d
C = Conditional use
c CD3
�,
�,
£
°:
permit
E
E E
�° E
�j
o
o •�
v
M =Minor use permit
� o
£
U U
U
L
o LL
d
T = Temporary use
v
permit
v°
Z
I0
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
SP
�P
GP
X
X
X
P
Retail stores', over
50,000 sq. ft. floor area
GP
C
SM
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/day2
Food, liquor and
convenience stores
GM
X
SM
GM
GM
X
X
M
under 10,000 sq. ft. floor
area, open 18 or more
14
-- Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
'E
= N
B
C= Conditional use
�,
R
3 �,
i d
£
B
E °'
o
permit
� B
E 1=
so E
v
o
v
M =Minor use permit
W o
B
o o
0 o
a
a)�i
o
d
T= Temporary use
U
c
v v
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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
Banks
P
X
P
P
P
P
X
P
General and
P
XP
P
P
P
P
CP
P
professional offices
Medical offices—
p
XP
P
P
P
P
X
physicians, dentists,
15
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
'E
= N
E
C= Conditional use
�,
R
3 �,
i d
E
E
E °'
o
permit
� E
E E
so E
v
o
v
M =Minor use permit
W o
E
E
o o
0) o
a
a)�i
o
d
T= Temporary use
0
v v
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
optometrists,
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 , *�.4,,,��^^ 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
CA
GA
GA
X
X
A
accessory use
rs, live or motion
GP
X
GM
XM
GM
X
XA
piceateture
M
Tobacco shops without
onsite smoking, as per
P
X
pe
XP
GA
X
X
the provisions of the
—
P
16
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
-E
= N
E
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
CD
E 1=
so E
v
o
v
M =Minor use permit
W o
o o
0) o
a
m
o �i
d
T= Temporary use
0
c
v v
iu U
Z
;=
a)
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Heath and Sanitation
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
CM
X
BEM
BEM
GA
X
X
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
ft. floor area
Libraries
P
CEP
P
CP
P
P
P
P
Museum or gallery
displaying sculpture,
P
P
P
P
P
P
P
P
artwork or crafts,
17
Formatted Table
Formatted Table
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
L
2
£
U
`m
-E
= N
E
C= Conditional use
�,
R
3 �,
i d
E
E
E °'
o
permit
� E
CD
E E
so E
v
o
v
M =Minor use permit
W o
E
E
o o
0 o
a
m
o �i
d
T= Temporary use
0
v v
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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
enters
X
Assembly Uses
Ice skating rinks
GM
XM
GM
X
XM
X
GM
X
Lodges, union halls,
social clubs and senior
GP
GP
GP
GP
X
X
GP
P
citizen centers
Churches, temples and
GM
GM
GM
GM
X
GM
X
other places of worship
M
and funeral
GM
GM
GM
X
X
X
X
homesMortuaries
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 -
location, mounted to
M
M
M
M
M
M
M
existing facility) subject
M
to Chapter 9.170
Electrical substations
AAX
M
MX
X
X
X
M
X
Water wells and
MP
MP
MP
CEP
XP
XP
MP
pumping stations
P
18
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
-E
= N
E
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
CD
E l=
so E
v
o
v
M =Minor use permit
W o
o o
0) o
a
m
o �i
d
T= Temporary use
0
c
v v
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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
XM
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
Private swim schools
C
C
C
X
C
X
C
Train, bus and taxi
C
X
C
X
C
X
C
stations
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
multifamily dwelling as a
C3
C4
XC
XC
XC
XC
X
PC
primary use3,4
Residential as an
accessory use, e.g.,
GM
GM
GM
GM
GM
GM
GM
caretaker residences per
M
Section 9.100.160
19
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
'E
= N
E
C= Conditional use
�,
R
3 �,
i d
E
E
E °'
o
permit
� E
E E
so E
v
o
v
M =Minor use permit
W o
E
E
o o
0 o
a
m
o �i
d
T= Temporary use
U
v v
iu C)
Z
L
a)
permit
t�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Child day-care facilities,
centers and preschools
as a principal use,
GM
GM
GM
OM
XX
OM
GM
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
SX
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
GX
X
GX
X
CM
X
X
X
parks
Resort residential
S
X
C
X
C
X
X
Hotels and motels
GP
X
GP
X
CID
X
X
P
Timeshare facilities,
subject to Section
PC
XX
PG
XX
PG
XX
XX
P
9.60.290
V
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
20
Formatted Table
Formatted Table
Formatted: Left, Indent: Left: 0", Space
Before: Opt
Formatted: Not Highlight
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
'E
= N
E
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
E 1=
so E
v
o
v
M =Minor use permit
W o
o o
0) o
a
m
o �i
d
T= Temporary use
0
c
v v
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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
principal use subject to
C
C
C
X
C
C
X
Chapter 9.150, Parking
C
Warehousing and Heavy Commercial Uses5
Wholesaling/distribution
C
P
X
X
X
X
X
centers, with no sales to
X
21
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
'E
= N
E
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
CD
E 1=
so E
v
o
v
M =Minor use permit
W o
o o
0 o
a
m
o �i
d
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
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
GM
X
X
X
X
X
indoor lumber sales)
X
Pest control services
GM
PG
X
X
X
X
X
X_
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public utility
and similar
GX
GM
X
X
X
X
GP
X
equipment/storage yards
—
Central cleaning or
GX
GX
GX
X
SEA
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
PM
P
X
X
X
X
X M
Bottling plants
X
P
X
X
X
X
X X
Sign making, except
P
P
X
X
X
X
X
sandblasting
Sign making, including
X
P
X
X
X
X
X
sandblasting
X
C
X
X
I X
X
C
ON
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
-E
= N
E
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
CD
E 1=
so E
v
o
v
M =Minor use permit
W o
S
o o
0 o
a
m
o �i
d
T= Temporary use
U
c
v U
iu U
Z
L
c
permit
c�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Recycling centers as a
X
primary use, collection
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
MA
AAA
XA
AA
MA
AA
accessory use
A
Golf or tennis facilities
MA
MA
MA
XA
AA
MA
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
or businesses, such as
A
A
A
A
A
A
A
child day care,
cafeterias and business
A_
support uses
Other accessory uses
A
A
A
A
A
A
A
and structures which are
23
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
use
A = Accessory use
a
•�
v
L
2
£
U
`m
-E
= N
S
C= Conditional use
�,
R
3 �,
i d
£
E °'
o
permit
� E
E 1=
so E
v
o
v
M =Minor use permit
W o
S
o o
0 o
a
a)�i
o
d
T= Temporary use
U
c
v v
iu U
Z
L
a)
permit
t�
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
customarily associated
with and subordinate to
the principal use on the
premises and are
consistent with the
A_
purpose and intent of
the zoning district, as
determined by the
director
Temporary Uses
t
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
t
Fortunetelling and
C
X
C
X
X
X
X
palmistry
Sexually oriented
businesses, subject to
C
X
X
X
X
X
X
X
Section 9.110.0807
Other uses not listed in this table: per Section 9.20.040, director of planning commission to
24
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principat-Permitted
Y
m
T
use
A= Accessory use
�
a
w
2
E
C= Conditional use
c
3 `m
L°o
L d
E
£'
E
permit
E
�,
E E
�° E
j
o
o •�
0
M =Minor use permit
W o
E
o V
. 0
L
(D
o LL
d
T = Temporary use
v
v
Z
a
permit
I0
g
X = Prohibited use
Land Use
CR
CP
CC
I CN
CT
CO
MC
FVC
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
9.120.010 Development permits required.
Table 9-8 of this chapter specifies whether a use or structure is permitted within a
zoning district. However, in most cases development to establish a land use requires
approval of a site development permit and/or other permits as set forth in Chapter
9.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
r17
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9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those
uses and structures which are permitted within each special purpose district. The
letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "X": Prohibited in the district.
P = Permitted use
= Accessory use
C = Conditional
m
use permit
-G o
= Temporary use
R 'M o
permit
Y 0) w
= Prohibited use
a ; o
Land Use.
PR
T
c�
C
'
C
Gl >
=
>
N
o.
is
m �.
00
y
`
d0
m e
N
x
O
LL
SUO
fqm
W
Q2
OS
FP
HC*
SOB*
EOD*
HO*
pen space
iblic parks, lakes
id passive
creation facilities
P
ayfields, lighted or
flighted,
'P`
cycle, equestrian
id hiking trails
braries and
useums
C
sitor centers.
C
►X:
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r501
= Permitted use
= Accessory use
c —
f°
= Conditional
d
m
c
D>
0
se permit
o o
cvv
=
0
.20
= Temporary use
R '-
o
Q'
�
m
a, Q �•
T N
`°
°'
ermit
N a`6'
i
c,.l
_
C
-a
°o
:a d
N
= Prohibited use
m a;
o
a
y o>
x
d=
Cr
w o
0-W
0
0
LL
200
wm
w
Q=
ubhouses and mmunity �'-�-� o � A I A I A I A I X
courts or
3nnis clubs or
)m lexes, private
olf courses and
)untry clubs,
cluding C P
ubhouses and
her customary
-cessory uses
olf courses
ithout above-
'ound structures, C P
Ni—
cluding fairways,
,eens, tees and
gns, subject to
iapter 9.160
races and walls,
abject to Section
100.030
atellite dish and
her antennas,
abject to Section
100.070.
rary outdoor T` ,T, ,T, ,T, ,T, 1 ,T4--L
subject to
1 9.100.040.
27
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... r1261 1
P = Permitted use
R
>
A = Accessory use
c
f°
C= Conditional
d
m
c
D>
0
use permit
o p
cvv
=
0
m 0
T = Temporary use
R =o
CL
permit'a
°o
Q
=
m
N
X= Prohibited use
`m a�i
o
a
y o>
d=
Cr
w o
IL
c7
0
LL
200
wm
w
Q=
Filming, sub ect to
I
Section 9.210.050
Single-family
C
Ct
/
residential
Multifamily
_
residential,
'
commercial (except
sexually oriented
businesses), office
or industrial
development
Sexually oriented
businesses, subject
C
**
o Section
9.140.050
Communication
**
towers and
equipment
C
C
C
Ct
C
**
(freestanding, new
�C`
towers) subject to
Chapter 9.170
Communication
**
towers and
equipment (co -
location, mounted to
existing facility)
subject to Chapter
9.170
**
Electrical
t
substations
Water wells and
P
P
Mt
**
�*
I
I
pumpingstations
Water tanks and
t
**
**
reservoirs
28
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r213
P = Permitted use
m
T
= Accessory use
C = Conditional
cL
d
>
>
permit
on
9
R
0
dOuse
= Temporary use
R �
o
iii d
m�
x
c
N
= _
_0�o>
a)
N
apermit
Prohibited use
`m
o
a
m=
a
oo
aW
0
0
L
=00
u)m
Lu
Qx
Public flood control
P
P
P
F—
acilities and
—P
—P
devices
Medical mariivana
X
X
X
X
X
X"*
X
X
Lis ensaries
Other principal,
accessory or
temporary uses not
listed above
(Ord. 492_a 1, 2011; Ord. 299 � 1 , 1997; Ord. 284 § 1 (Exh. A), 1996:
29
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Chapter 9.200 GENERAL PERMITTING PROCEDURES
9.200.010 Development review process.
A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for
processing development review applications and the criteria and conditions
necessary so that an appropriate decision may be made by the city on
each such application.
B. Applicable State Law. It is intended that the provisions of this chapter shall
be consistent and in full compliance with Section 65920 et seq., and other
applicable sections of the State Government Code and that such
provisions shall be so construed.
C. Persons Who May File Applications. An application for a permit or other
action under Chapters 9.200 through 9.260 may be submitted only by a
property owner of the subject property, by an agent with notarized written
authorization from the property owner, or by a public agency.
D. Application Filing. Applications shall be filed with the planning 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.
7
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
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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 scope of
LQMC 9.210. 010. D2
PH
Site development permit (per LQMC
9.210.010.D2
PH
CC/PH***
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 building and safety,
PH would be held if the item as not approved on CC as a consent calendar item_
***'Also see Title 13, Subdivisions..
B. Administrative Action. Actions to be taken administratively per Table 9-23
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
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.
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9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently On 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
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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. Sen4i#fena4-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.
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C. Effective Date. The determination of the decision -making authority by
Resolution shall be effective f+fteeR Gala-Qays after the date the
co,.+'GR o 200 120immediately unless appealed. Ordinances shall be
effective 30 days after second reading.
D. Tie Votes.
1. Development Review Applications. If action on a development review
application results in a tie vote by the decision -making authority, such
vote shall constitute a lost motion.
2. Appeals. When all members of a decision -making authority are present,
a tie vote on whether to grant an appeal shall be considered a denial of
the appeal. The original action shall then stand unless the decision -
making authority takes other action to further consider the matter. If a
tie vote occurs when less than all members of the decision -making
authority are present, the matter shall automatically be continued to the
next regular meeting unless otherwise ordered by the decision -making
authority.
E. Use of More Restrictive Standards. In conjunction with approval of a
development review permit, the decision -making authority may impose
more restrictive site development standards than set forth in this code in
order to make the required findings for each type of permit as specified in
Chapter 9.210. (Ord. 284 § 1 (Exh. A), 1996)
9.200.070 Time limits on processing applications.
A. Development review applications shall be processed within the time limits
specified in Chapter 4.5 of the State Planning and Zoning Law
(Government Code Section 65920 et seq.). Time periods specified in
Section 9.200.120 regarding actions on appeals shall be in addition to the
preceding Government Code time limits.
B. Incomplete Application Sunset Provisions. All applications which remain
incomplete armor inactive for a minimum six-month period shall have a
written thirty -day warning notification forwarded to the applicant by means
of certified mail or similar method. If no action is taken by the applicant
regarding the application within thirty days thereafter, the application shall
automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1
(Exh. A), 1996)
9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit
shall begin on the permit's effective date as set forth in Section 9.200.060.
The period of validity shall run pursuant to subsection C of this section.
B. Establishment. A development review permit shall be deemed established
if the following actions occur within twenty-four months of the effective date
34
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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 for -
substantial revisions to conditions of approval, alterations to approved
plans which are more substantial than the modifications provided for in
Section 9.200.090 new or additional land uses, or similar major
chanaes.
9-.2. Procedures. A development review permit may be amended any
number of times by the approval of a subsequent application. All permit
amendments shall be for the same parcel or property for which a
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
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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 use peer,;+ 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 existieg-approved landscaping,
.,Gl, ,, ing the removal of turf 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;
6_Changes, 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 or a.,- ended Village use
permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996)
01
9.200.110 Public hearings.
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A. Applicable State Law. Public hearings required for development review
actions shall be carried out in accordance with the procedures set forth in
this section. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65090 et seq., of the State
Government Code and that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to State Government Code Section
65093, the failure of any person to receive notice shall not constitute
grounds for any court to invalidate the action of the decision -making
authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with
subsection D of this section and then held by the decision -making authority
prior to action on the relevant application. At the public hearing, the
decision -making authority may take action on the application, continue the
application to a specified date, or take the application under submission.
An application taken under submission may later be taken out of
submission for the purpose of taking action on the application without
scheduling a new public hearing provided no additional testimony is heard
and no further evidence is presented. Further testimony may be heard and
further evidence may be presented regarding an application taken under
submission only if a new public hearing is held in compliance with this
section.
D. Noticing Requirements. Not less than ten days prior to hearing. The city
shall:
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.
A. —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.
4�-.A, nesignafien of Rnard of Anneals. The planp—ee;,,; ss'on sha;Iti
renofit ufe the heard of appeals fer de s h, fho nlannlnn dire GtGr and
the Gity n nil shall r• nstit to the heard of appeals fer .desisieno by fho
Planning Gernmissien
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 appealsPlanning 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
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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 iRitiated
by a beard of appeals on its eWR FnGtiGR, shall be in writing and shall
include all grounds for the appeal and sufficient information so as to
make it clear to the beard ef appeat&Planning Commission or City
Council the substance of each of the grounds for appeal. The director
may require that the written appeal be accompanied by such other
documents and information that the director determines to be
necessary to adequately explain and provide proper notification for the
appeal. No appeal shall be accepted if it fails to contain the grounds for
the appeal and the description of the grounds.
3. Forwarding of Records. When an appeal has been received, the
director shall forward to the boar of appeals Planning Commission or
City Council -all documents and information on file pertinent to the
appeal together with the minutes or official action of the decision -
making authority and a report on the basis of the decision.
4. Public Hearing Requirements. If the original approving action did not
require a public hearing, the appeal review shall not require a public
hearing. If the original approving action required a public hearing, the
appeal review shall also require a public hearing. Notice and scheduling
requirements for an appeal hearing shall be the same as those for an
original hearing as described in Section 9.200.110.
5. Issues to be Considered. The Planning Commission
or City Council -may refuse to consider any issues which were not
raised by the appellant or another person either by verbal testimony or
written correspondence made at or before the time the decision -making
authority took action. When reviewing a decision -making authority's
decision via its own call-up review, the Planning Commission or City
Council board of appeals -may raise and consider any issue it deems
appropriate to the project application.
6. Action on Appeal. Not later than forty-five days after an appeal has
been received and accepted by the director, the Planning Commission
or City Council 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 Council s 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
ef- 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
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Chapter 9.210 DEVELOPMENT REVIEW PERMITS
9.210.010 Author+tySite Development Permits. t
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A. Terminology. For purposes of this code, site, architectural, lighting and
Style
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..
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_
C. Applicability. A site development permit is required for all projects which
color: Black
involve building construction except the following:
1. Individual single-family houses and alterations to single-family houses
or associated accessory structures, unless a site development permit is
otherwise required by an applicable provision of this code or permit
condition of approval.
2. Temporary uses (requires temporary use permit per Section
9.210.050).
D. Decision -Making Authority. Site development permits shall be processed
as follows:
1. All permits shall be processed by the planning commission per this
section.
2. (Following Planning Commission decision, all high -density residential
and all non-residential permits with structures greater than one-story or
twenty-two feet in height and within one hundred feet of residentially
zoned properties, as measured by outer boundary of the parcel which is
the subject of the permit, shall be reviewed by the City Council. If an
appeal regarding the permit has been filed in accordance with Section
9.200.120, the appeal shall be heard by the City Council in accordance
with that section. If no appeal is filed regarding the permit within the
fifteen -calendar -day appeal period, approval of the Planning
Commission action shall be placed on the City Council's consent
calendar at a council meeting within thirty days of the Planning
Commission's decision. Should any member of the City Council request
that the item be removed from the consent calendar, or should the
Planning Commission's action not be approved as a consent calendar
item, the permit shall be noticed for public hearing before the City
Council. City Council's review of the item shall fully consider the
application.
Comment [n5]: For discussion with Ad Hoc
Committee. Staff recommends deletion.
41
E. PreGise Development Pllarn.Upen appreval, a site development permit
ele n+ nla �rere . el., nt
sAns#+t+�S—a—preArse de" T#c,-fe�,� all I
authorized under a site develep men+ permit and any land usesassr�niated
with the developmeRt shall be 'R GOFnpliaRGe With the plans, SpeGifiGatiens
and GORdir OR f approval Ghe and/or at+aGhed to the approved
permit.
F. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
2. Consistency with Zoning Code. The project is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4. Architectural Design. The architectural design of the project, including,
but not limited to, the architectural style, scale, building mass, materials,
colors, architectural details, roof style and other architectural elements
are compatible with surrounding development and with the quality of
design prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to,
project entries, interior circulation, pedestrian and bicycle access,
pedestrian amenities, screening of equipment and trash enclosures,
exterior lighting, and other site design elements are compatible with
surrounding development and with the quality of design prevalent in the
city.
6. Landscape Design. Project landscaping, including, but not limited to,
the location, type, size, color, texture and coverage of plant materials,
has been designed so as to provide visual relief, complement buildings,
visually emphasize prominent design elements and vistas, screen
undesirable views, provide a harmonious transition between adjacent
land uses and between development and open space, and provide an
overall unifying influence to enhance the visual continuity of the project.
approve a planned s gR m the deGisir,n_makiRg au therity m s+
find that:
a The is+en+ With the puFpese Rd "n+en+ of
Chapter O 1-0 (CigRS);
b. The SigR-,-pregFam hurr;-'Arn,`y' with visualvlly-i Belated-+iev
i All s gRG within the planned SigR program, via the in ration
of several n n design elements s Unh a materials letter
H. The Buildings They identify. Tian he a66A lisped by
'Tv-m5 cy—ra rrr� �-n}ay--vim Tr'P'T �Y
utilizing materials, EAivrS, or design etif the
b uildiRg herog identified
EIW
. Surrounding Develep men+ Implementation of the planned s
„regFam Will Re+ adversely r-arreGt G RdiRg land USeS OF
� i ehsere-drawn+ nenfermir,.. 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 e^e year fr^m its effe..+i„e
dateasdefined is Section 9z200-060 Time —extensions reay--be
graRtedshall be pursuant to Section 9.200.080.E
I. Amendments. Amendments to site development permits shall be
processed pursuant to Section 9.200.100.
J. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the site development permit.
(Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Conditional use permits
A. Purpose. The purpose of a conditional use permit or minor use permit is to
provide for individual approval or denial of land uses requiring such permits
under this code. Uses requiring these permits have potential for adverse
impacts on surrounding properties, residents or businesses. Therefore,
when such uses are approved, conditions are placed on their
establishment and operation to mitigate or eliminate such impacts. For
purposes of this sentinn the term"usepermit" ORGl des both GGRditienol
use and museiner permits.
B. Definitions.,See Chapter 9.280.
C. Applicability. A conditional use permit or a minor use permit is required for
all land uses identified in this code as requiring such permits.
D. Decision -Making Authority. Conditional use permits shall be reviewed by
the planning commission in conjunction with a public hearing held pursuant
to Section 9.200.110. Mir= eF use—peF m,its shall be—PFOsessed
adMiRis+rati„eh, by the plaRRiRg direGtGF pursuant +e SeGtiGn 9.200.0
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 permits a
miners A:
1. Consistency with General Plan. The land use is consistent with the
general plan.
43
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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 Makin +herity m impese e time smite+ien en
establishment of the use, asdefinedin oectien 9.2 .080 and/ r May
establish aexp'Fatien date on the i permit itself. Time e..+ono
I. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200.4-98080.
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 injurious to property, or improvements in the
vicinity, or if the property is operated or maintained, so as to constitute a
public nuisance. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord.
284 § 1 (Exh. A), 1996)
9.210 020 Minor use permits
A. Purpose. The purpose of a minor use permit or minor use permit is to.
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:
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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)
9.210.030 Variances.
A. Purpose. The purpose of a variance permit is 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.
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E. PreGiseveveiopm�Ient Plan pen approval, nn�1--rmit Genstitute a
pree+se d velO' t plaR.ThCFef^aFe, aRy .. eyelopmontAr .�+� vthteF aGt'Vpty
authorized under SUGh shall be in Ge MmnpllianGe with the plan&-,,
speG
approved permit-.
�E. Required Findings. The following findings shall be made by the
decision -making authority prior to the approval of a variance perm! t:
1. Consistency with General Plan. The variance is consistent with the
general plan.
2. Consistency with Zoning Code. The variance is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
variance application are in compliance with the requirements of the
California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity.
5. Special Circumstances. There are special circumstances applicable to
the subject property, including size, shape, topography, location or
surroundings, which, when the zoning regulations are strictly applied,
deprive the property of privileges enjoyed by other properties in the
vicinity subject to the same zoning regulations. The special
circumstances shall be specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is
necessary for the preservation of a substantial property right possessed
by other property in the same vicinity and zoning district and otherwise
denied to the subject property.
7. No Special Privileges. The variance's ,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-.'The deGOSOOOR making autherity may impose a time—limltatleri OR
establ+snm.n+�evariaacepermit, as defined—iR—SestiE)R 9.200.080.
Time extensions may he g aRted pursuant to SeGtfen 9.200.080.
H.F. Amendments. Amendments to variance permits shall be processed
pursuant to Section 9.200.4-90080
4-. G. Staff Certification of Construction Documents. If development is
provided for under the variance it, prior to issuance of a building
permit the director shall certify that final construction documents conform to
erg
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 permit^" fee deviatiORS speGifiGally
identified ;n this , ede. Other deviations shall require consideration of a
variance pursuant to Section 9.210.030. Only one setback adjustment per
lot shall be allowed. Example —an adjustment of the front and rear yard
shall not be approved.
D. Decision -Making Authority. Minor adjustments shall be reviewed
administratively by the director pursuant to Section 9.200.020 unless
combined with another application which requires discretionary review by
the planning 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.
F. PreGise Deveiepment Pia^ lipen appreval, a miner adjustmentPer t
senstitates a gyres+se development plan. TheFe aFe, -aAny development
authorized under such a permit shall be in compliance with the plans,
specifications and conditions of approval shown on and/or attached to the
approved permit.
G. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the
general plan.
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.
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H. Appeals. Appeals to decisions on minor adjustments shall be reviewed
pursuant to Section 9.200.120.
I. Expiration and Time Extensions. The deGiGiGn making „,tier.-. may
as .defiRed iR SeGt*r.n Inn 080 Time eXteRG'GRo may be g aRte l p aRt
to SeCtiOR o 200 080.The minor adjustment will expire at the same time as
the primary building or planning permit.
J. Amendments to Minor Adjustment Permits. Amendments to minor
adjustments shall be processed pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1
(Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210.050 Temporary use permits.
A. Purpose. The purpose of a temporary use permit is to regulate certain
temporary land uses and activities to ensure that adverse impacts on
surrounding properties, residents and businesses are minimized, that the
time limitations for temporary uses are specified and complied with, and
that the site of the temporary use is restored to its condition prior to
establishment.
B. Applicability. A temporary use permit is required for temporary uses
permitted under this code.
C. Decision -Making Authority. Temporary use permits shall be reviewed
administratively by the director pursuant to Section 9.200.020.
D. Conditions of Approval. If a temporary use is approved, conditions may be
placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. PFessse Deyel pl Re t PlaR. UPOR approval, a ternperary use pe; * i4
senstitutes agree+se development plan. Therefafe 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. L
A. Purpose. The purpose of a home occupation permit is to regulate certain
incidental and accessory home enterprises in residential neighborhoods
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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:
4-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
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.
&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.
8-.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
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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 development Feviewlegislative 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.
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:
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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 mats change is
warranted because the situation and the general conditions of the
property have substantially changed since the existing zoning was
imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
9.220.020 Zoning cede text amendments.
A. Purpose. A zoning sede-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;
34. An interested party.
D. Review Procedures. Code Text amendments shall be reviewed under the
same procedures as zone map 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 cede 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.
A. Purpose. A general plan amendment is a diSGretienary legislative action by
the city council to change the text of the general plan or any map or
diagram of the general plan.
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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.
4.5. An interested party.
D. Referral of Proposed Amendments. Proposed general plan amendments
shall be referred to the persons and agencies as specified in Section
65352 of the State Government Code.
E. Frequency of General Plan Amendment.
F_1. General Plan elements specified as mandatory in the State -
Government Code may be amended pursuant to City Council
Resolution 2000-77. Each amendment may include more than one
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)
H-.2.
�F.Review Procedures.
1 . General Wan elements specified as mandatory —ire the State
Government GE)de may be 0 eR de d p aRt tG Gity G Gil ResGly ti -
2000-77. €aGh amendment may inGlude ;acre than one ewe tee
genera; "plan.
2. The lorn'tatien on frequenGyamendments to the general plan sett"
in subsection (E)(1) of this seGtiGn ,deer + ply to side., ,l
i Ri+o to be G ie d by perSGns r families .,f lew a moderate iR
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.
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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.
43-: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)
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.
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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
9.21"250.020 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 a f
potential aGts i Glude but a of limited te: olimate and a ality,
sells, geelegy and —se+smic+ty, hydreleg�bmot;o—resources, aFGhee;G
pale6"tE)lvgy ate ;d GUIt'UFal Fe6E)WFEe6, land use —a d ZGRiRg, traffiG, ne;Se,
aesthetics, light and glaFe, health and safety, publiG SeRXiG8s and utilities,
9.250.030 Development agreements.
A. Purpose. A development agreement is a disGretienary 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
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A
N
prepared, reviewed, adopted, and maintained in accordance with the
provisions of this section.
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.
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.
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
637
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;
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
6V
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
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
L1FI
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
decision of the city council shall be final. (Ord. 284 § 1 (Exh. A)
(part), 1996)
58
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ATTACHMENT 2
Title 8- Buildings and Construction (La Quinta Municipal Code)-11-19-2015
Title 8; Chapters 8.13 and 8.80
Development Code Tune Up Draft Recommendations Analysis - Specific to Ad Hoc comments received 10/28/15
Highlighted text relates to streamlining change
•�
' • - ••
7873030Applicability
of
Turf reduction plans
-Clarify inapplicability to SFD homesites
Acceptable changes
landscaping review
subject to full review
-Make section inapplicable to turf reduction
(pg 1)
process/application
plans
8.13.030.B
Clarify submittal
Text not tied to actual
-Change text to cite application
0 Acceptable with
items (pg 1, 2)
application requirement
-Change reference to project and not PC
removal of PC
reference
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
Acceptable changes
Grading
requirements (pg 4)
bond requirements
Bonds
Page 1 of 1- Development Code Tune- Title 8 Draft Recommendations 11-19-2015
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)-11-19-2015
Development Code Tune Up Draft Recommendations Analysis — Specific to Ad Hoc comments received 10/28/15
*Highlighted text relates to streamlining or significant change for discussion by Ad -Hoc Committee
A• • • • 1.04060
lApproval
Decision authority
Reduce layers of review for map
Revise review table to limit PC and CC review of
Acceptable changes
view and
on tentative maps
applications
mapping actions, except where maps filed with
(Pg. 1)
other applications require those reviews.
Authority
Staff has added TPM review by Director as non-
Confirm proposed TPM
PH
review change
13.04.070
Add review type
No procedures for TTM revisions or
Add definitions to allow for Revised TTM and
Acceptable changes
Definitions
definitions (Pg. 3,
substantial conformance
Substantial Conformance processes
4)
Chapter 13.08
Subdivision
Outdated
Delete Chapter and reserve Chapter number
Subdivision
process flowchart
Process
(Pg.6)
13.12.050
Clarify
Clean-up / update
Consistency with application forms and current
Application
requirements (pg
procedures
materials
7)
13.12.120
Requires cultural
Unclear and redundant as
Delete Section as application and General Plan
Special studies
and bio studies
applications vary
sets forth requirement to address studies
(Pg 8)
13.12.120
Add process for
Current ordinance does not allow
Add Section on procedure for revised tentative
Acceptable change
(New)
revised maps (pg
for revision to approved tentative
maps
Revised
9)
maps
tentative
maps
13.12.150
Establish validity
N/A - Update and clarify
Current state provisions allow initial 3 year
0 Acceptable change
Term of
of tentative map
approval term, while current code cites 2 year
tentative
(pg 10)
term
maps
13.12.160
Establishes time
Ordinance not reflective of current
Allow longer extension terms and flexibility in
Acceptable change
Extensions of
extension process
state allowances
granting those terms.
time for
(pg 10)
tentative
maps
13.12.170
Establish
Ordinance does not codify current
Codifies the current process and clarifies it as a
0 Acceptable change
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 11)
process
map
Page 1 of 2
13.24.070 and
Sets street design
Section reflects prior General Plan
Delete Table 13.24.070, and replace with
080 - Street
standards (pg 14)
geometries
general reference to current General Plan.
design
Update table in 13.24.080.
13.24.090
References image
Section reflects prior General Plan
Update per current GP
Image
corridors (pg 15)
language
corridors
13.24.130
References
Section reflects prior General Plan
Update per current GP
Landscaped
landscape
language
setbacks
setback
requirements (pg
15)
13.32.020.0
Limits
Unclear at this time
Proposes including Village Commercial and
Lot line
adjustments
Major Community Facility zoned property to
adjustments
within a 6 month
allowed exception for commercial districts
period on
residential zoning
(pg 17)
Page 2 - Development Code Tune Up - Title 13 Draft Recommendations 11-19-2015
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.
1PlaRRiRg GeFnMiSSi0R shall review tentative tFaGt map wheR Gity GE)UnG.' 06 the approve-4
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 City GOURG+ICity Council that is based upon
the ci#-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 sixt-y-
four to seventy four feet width as specified in the General
Plan circulation element. Collector streets are designed for both mobility and access to
adjacent property and often provide on -street parking. Collector streets generally serve
shorter trips within neighborhoods and access to higher -level streets. Designation of
collector streets in the City of La Quinta are set forth in the General Plan circulation
element.Westward He Drove is an example of o collector street within the city of I
QG+f}ta.
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 IaQuinta general nlanGeneral 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 FemaiR�gother
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 right-of-way width as specified in the General Plan circulation
element,n'net"_sox feet On width between curb faces, with an eighteen feet , ideand
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. `^rah iRgten
Street leffersen Street and Fred Waring Drive eexa nlesDesignation of major
arterial streets in the city -City of La Quinta are set forth in the General Plan circulation
element. Highway 111 is also -classified as a major arterial, but has a one hundred
%VeRty two feet variable right-of-way and varyfagimprovement widths as
established by the Galifemia Department of Transnertoti.44set forth in the General Plan
circulation element.
M
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 the
General Plan circulation element, seventy-six to eighty-six feet in width between curb
faces, hav+egand includes a raised center median twelve to eighteeR foot in Width 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 the General Plan
circulation element. Moles Avenue, Avenue 50 and Eisenhower Drove are examples of
primary arterial streets in the Gity of La Quinta.
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 the General
Plan circulation element.sixt„_four feet ,.,i,te he+,.,een curb faces. The secondary arterial
is designed for mobility, to provide continuity through the community, and generally
serves trips of a mile or more. Secondary arterial streets generally border
neighborhoods and offer access as a secondary consideration. Designation of
secondary arterial streets in the City of La Quinta are set forth in the General Plan
circulation element. Adams Street [Dune Pair S and A„er,ida Bermudas south of
A„eR Ye 52 are ales of secondary arterial streets in the pity of La Quinta.
"Subdivision" means the division of any unit or units of improved or unimproved land, or
any portion thereof, shown on the latest equalized county assessment roll as a unit or
as contiguous units. Property shall be considered as contiguous, even if it is separated
by roads, streets, utility easements or railroad rights -of -way. This definition also refers to
a condominium project, a community apartment project, or the conversion of five or
more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d)
and (m) of Section 1351 of the Civil Code.
"Subdivision Map Act" means Sections 66410 to 66499.58, inclusive, of the Government
Code of the state of California as may be revised from time to time.
"Substantial Conformance" means minor modification(s) to a valid approved tentative
map, which involve changes to map characteristics such as lot lines, shapes,
dimensions, size, etc; changes to street widths or grades, grading criteria, pad
elevations, and other similar characteristics that do not change the basic design and
improvements required of the approved tentative map and the conditions thereof.
"Tentative map" and "tentative parcel map" mean a map designed to illustrate the
concept of a proposed subdivision and how it interfaces with existing conditions and
TITLE 13 SUBDIVISIONS AD HOC EDITS
surrounding uses. Tentative maps need not be based upon an accurate or detailed field
survey of the property.
chapter 13.08 LA nI IINTA SUBDIVISION PROCESS
1308010 Diagram.
The La (l 'nta subdivision prOGessshall he as fellow&
eroarn
ar
try
�. w.tt
r.yr
frrw�
mow.
it wwra.
w+asi.
sr. r�.W
Fw
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F. wrn
F
Yn ww YID
Y
�4"-Lt
y
NMwf
w�� s•
�. FMsw
r.r r
ar.Yw
r,... rr
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b.f Frr
4�
Rwuw'� N►. SAP W
�YIYn M
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Rs err
�w
FIF�W'Cy
ynw
r..w..•
�y
wM.
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YI�4
�� r•Y Y
Fwe/M+f
:�Yl lab.
ry aeM
/✓s�Y
F.A �.d
[��s
59
Comment [WN3]: Delete this entire section
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 Planning departmentCommunity Development
Department. The city may by resolution establish a filing fee schedule for the processing
of final maps. (Ord. 272 § 1, 1995)
13.12.050 Application materials.
The following application materials shall be submitted with each proposed subdivision:
A. —The city tentative subdivision map application form;
A.
9—
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 r-f.,et radiusmapexhibit,-draWR W SGalo which displays these
, as listed 'AtPrnt
updated o my equalized taX Fells;
Throe sots of self adhesive mailing labels anal GRe nhotosonY of Rarnes and
adrlresses-e,f these property y erwithin five hundred feet of the subdivision
�-R,o
belted ary;
C. A completed copy of the city environmental information form and environmental
filing fee, if the tentative map is determined to be subject to CEQA.
D. Twenty 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;
E. A preliminary title report prepared and dated no more than ninety days prior to
submission of the application;
TITLE 13 SUBDIVISIONS AD HOC EDITS
F. A drainage report describing the on- and off -site drainage characteristics, the
amount of stormwater falling within the development and the proposed method
of retaining that stormwater, and the amount and nature of historic inflow from
other properties and the proposed method of retaining or passing through the
inflow;
G. The following additional documentation and special studies may be required:
1_ 1. Historical, paleontological and/or archaeological study
2_ 2. Biological study
4
3. r_o.,l,,... ,,.,dGF S045 St dy
3_ 4. Traffic study
4. Geologic and/or soils study,
4-5. Water Quality Management Plan (WQMP)-
This list is not all inclusive, and any other special studies required will be
determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 §
1, 1995)
13.12.100 Public notice procedure.
A. Public Notice. Public hearings shall be held on ,tali -tentative maps as set forth in
Table 13-1. (Notice of such hearings shall be published at least one time not less comment [wN4]: 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
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 advisery
agencyCommunity Development Director or the plann}ngPlanning GGmmiss�^^
Commission by using the following procedures:
A. Appeal of the Adviser„ n^^n^„Approval Authority Decision. Within ten -fifteen
calendar days after the date of the-atedecision by the adviser
agenEyCommunity Development Director, a written appeal, accompanied by the
appropriate filing fee, may be submitted to the ^'^^Ring depa'tm^^tCommunity
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 staff -decision. The appeal shall state the item to be
appealed and the reason for the request. The planning direct^Community
Development Director shall set the matter for hearing before the p!aaaiRg
GE)MMOSn 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 CommissionPlanning Gemmission,
a written appeal, accompanied by the appropriate filing fee, may be submitted to
the ^'^^^i^^ depaFtm^^'Community Development Department. The city clerk
TITLE 13 SUBDIVISIONS AD HOC EDITS
shall set the matter for hearing before the c*City iECouncil. 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 Gity-City GGunGi -Council shall expire twenty feurthirty_
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 --
for extensions of time shall be filed with the plaRRORg departmen Community
Development DepartmentCommunitV Development Department on wither an
approved form or by 1 . All requests for extensions of time shall include:
1. A completed application forma letter;
2. An identification of the length of time requested and reasonks) for the request;
3. The current processing fee as charged by the city for tentative map time
extensions;
4. Twentf4veThe requisite number of copies of the tentative map as required by
the application. The tentative map shall be as approved by the Glt C
GeunellCouncil. Additional copies may be requested subsequent to the
application submittal.
Extensions of time may be granted by the planning -Community Development d+reGto
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 medif'Gatlens changes to the approved tentative map are
subject to the public notification procedure provided for in Section 13.12.090 and will be
considered at a public hearing, to be held by the designated approval authority as set
10
TITLE 13 SUBDIVISIONS AD HOC EDITS
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-ag rant a maximum of six one-year time extensions.
The extension may be granted for any period of time, from one year up to the maximum
of six years. rRaximurn of throe e r time eXteRSOO S end 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 capproval 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 ma
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 zoning comnformance with the approved tentative map.
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, inGludiqgwith 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
a
at: 0.53"
governing body as to street alignments and widths; or
B. The land before division contains less than five acres, each parcel created by the-
—
Formatted: Numbered + Level: 1 +
division abuts upon a maintained public street or highway and no dedications or
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
improvements are required by the legislative body; or
at: 0.53"
C. Each parcel created by the division has a gross area of twenty or more acres '
Formatted: Numbered + Level: 1 +
and has an approved access to a maintained public street or highway; or
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
D. Each parcel created by the division has a gross area of not less than forty acres ---
Formatted: Numbered + Level: 1 +
or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995)
Numbering Style: A, e, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
13.20.130 Appeals.
Appeals of the advis ry agenGY OF plaRRIng GOrnmission deGiSions 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 foNewing
tab4eCirculation Element of the La Quinta General plan.
13
TITLE 13 SUBDIVISIONS AD HOC EDITS
WN
_
MEN=
J. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet.
The minimum curb radius shall be forty-five feet for private streets and thirty-eight
feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1,
1995)
13.24.080 Street design —Private streets.
Private streets, permitted only when there is adequate provision for their construction
and maintenance, shall be in conformance with the standards listed in Table 13.24.070
except as follows:
Width
Permitted Use
28 feet
No on -street parking
32 feet
Parking on only one side
of street
36 feet
Dev,rParking on both sides of
the street
40 feet
Entry and primary circulation streets
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
14
TITLE 13 SUBDIVISIONS AD HOC EDITS
13.24.090 Image corridors and gateway intersections
The circulation element of the La Quinta general plan establishes image corridors
gateway iRteFSeGti0RS which warrant special improvements. Improvements constructed
along image corridors and at gateway comply with the improvement
standards identified in the general plan. (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.130 Landscape setbacks.
Landscape setbacks are required along public street rights -of -way. Buildings, walls,
parking lots, and other improvements associated with the subdivision shall not be
constructed within setbacks except as allowed herein. Retention basins, public
sidewalks and equestrian trails may be located in setbacks if approved by the city as
compatible with the landscape and design theme desired within the setbacks.
Landscape setbacks for residential subdivisions shall be created on the final map as
lettered lots. If the subdivision streets are to be ungated and publicly maintained,
landscape setback lots shall be dedicated to the city. If the subdivision streets are to be
gated and privately maintained, landscape setback lots shall be dedicated to the
homeowners' or landowners' association.
Landscape setback widths, as measured perpendicular to the ultimate right -of way line,
shall generally be as follows:
Street
Setback
Highway 111
50 feet
Other major arterial streets
20 feet
Primary arterial streets
20 feet
Secondary arterial streets
10 feet
Collector streets
10 feet
13.24.140 Landscaping plans.
Landscape and irrigation plans for landscaped lots, landscape setback areas, medians,
common retention basins and park facilities shall be prepared by a licensed landscape
architect. Landscape and irrigation plans shall be submitted for review and approval of
15
TITLE 13 SUBDIVISIONS AD HOC EDITS
the planning doreGtefCommunity Development Director and the CSity €ng+neerEngineer
(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, orifadopted,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 G4y-City en9#+ eerEngineer. (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 general most current
stormwater discharge permit (SDP) issued for the Colorado River Basin under the
National Pollutant Discharge Elimination System (NPDES), including the city's
stormwater pollution prevention plan (SWPPP) and the drainage area master plan
(DAMP). (Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.170 Clean air/clean water.
The subdivider shall comply with applicable provisions of the NPDES. In the absence of
an NPDES permit specific to the subdivision, the subdivider shall comply with the
SWPPP and DAMP as approved for the G*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 neighborhood Neighborhood
GGMMeFa Commercial, GOMM 4n#y--Qommunity-GGmP4e-rGWQommercial, regieRal
Regional se,m;,eMialCommercial, effiee Office Commercial,eF 19616mese
parkCommercial Park, Village Commercial or Maior 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