2016 01 12 CC Joint with PC
City of La Quinta
CITY COUNCIL AND PLANNING COMMISSION JOINT MEETING
STAFF REPORT
TO: Madame Mayor and Members of the City Council and Planning
Commission
FROM: Gabriel Perez, Planning Manager
DATE: January 12, 2016
SUBJECT: Discussion of the Ad-hoc Committee’s final recommendations on
proposed changes to Titles 8, 9, and 13 of the La Quinta Municipal Code
related to the development review process
The following outline represents the key items that will be presented by the Development
Code Tune Up Ad-Hoc Committee and staff:
REPORT OF THE AD-HOC COMMITTE
• Report by Robert Wright, Ad-Hoc Committee Chairman
OVERVIEW OF DEVELOPMENT CODE TUNE UP PROCESS
• Outcomes
• Guiding Principles
• Tune Up Components
DRAFT CODE TUNE UP OVERVIEW
• Title 9 – Zoning (Attachment 1)
• Title 8 – Buildings and Construction (Attachment 2)
• Title 13 – Subdivision Regulations (Attachment 3)
• Due Process
REVIEW BOARDS AND COMMISSIONS
• Historic Preservation Commission
EVALUATION
• Outcome Measurement
NEXT STEPS
• Development Code Tune Up Adoption
STUDY SESSION ITEM NO. 1
Title 9- Zoning – (La Quinta Municipal Code) – 1-12-2016
Development Code Tune Up Draft Recommendations Analysis - Joint Study Session of the City Council and Planning Commission
*Highlighted rows identify substantial changes from existing procedures
Code
Section
Review
Process/Action
Inefficiency/Challenge Possible Improvement Outcome Ad Hoc
Direction
9.40.040
Permitted
Uses in
Residential
District
Housing types not
permitted by right in
specific residential
zones require approval
of a Specific Plan (pg 1-
2)
-Specific Plans require
lengthier processing
times, subject to SB
18, and can be costly
to prepare.
-Creative housing
types and project
designs are not
allowed within the
scope of the Code.
-Creates staff
challenge for tracking
multiple standards for
Specific Plans
Create new Code Provisions for Planned
Unit Development Permits
• Maximum flexibility from existing
development standards for
residential projects, except
Public Works Street
Specifications and density and
landscape setbacks.
• Allow the final review authority
to be Planning Commission
Approval
See Page 59-60
• Savings in
Time
• Money
• Acceptable
changes
9.40.040
Permitted
Uses in
Residential
District
Duplexes (two units on
the same lot) (pg 2)
-Specific Plan a
challenge for small
lots in cove and may
not be desired
-Prohibit in Cove Residential Zone. • Easier to
understand
9.40.040
Permitted
Uses in
Residential
District
Townhomes and
Condominiums Land
Use (pg 2)
-Require a Specific
Plan in Medium
Density Residential
Zone
-Allow as a Permitted Use in Medium
Density Residential Zone
• Savings in
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Condominium
multifamily (“airspace”
units)
-Condominium
multifamily is
compatible in the
Medium Density
Residential Zone
-Allow as a permitted use in the Medium
Density Residential Zone
• Flexibility
9.40.040
Permitted
Resort Residential Land
Use (pg 3)
-Requires a CUP and
approval at the
-Allow as a Permitted Use in all
Residential Zones except Cove
• Savings in
Time
ATTACHMENT 1
Page 1 of 17
Code
Section
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Direction
Uses in
Residential
District
Planning Commission Residential Zone
-No review
• Money
9.40.040
Permitted
Uses in
Residential
District
Senior Group Housing
(pg 5)
-Not allowed in
Medium Density
Residential
-Requires Planning
Commission approval
as a CUP in Medium
High Density and
High Density
Residential zones
-Allow as a Minor Use Permit in Medium
Density, Medium-High Density and High
Density Residential zones
-Administrative Level Review
• Savings in
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Bed and Breakfast (pg
5)
-Requires a
Conditional Use
Permit
-Allow as Minor Use Permit in all
residential zones
-Administrative Level Review
• Savings in
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Cottage Food
Operations (pg 5)
-Requires a Minor Use
Permit
- Riverside County
Environmental Health
conducts health
inspections
-unnecessary
-Permit by right since Riverside County
Environmental Health conducts health
inspections and City currently does not
reviews.
• Savings in
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Lighted tennis and
other game courts on
private property (pg 6)
-Requires a
Conditional Use
Permit in Medium
Density Residential,
Medium High Density
Residential and High
Density Residential
zones
-Does this really need
a public hearing?
-Allow as Minor Use Permit in Medium
Density Residential, Medium High
Density Residential and High Density
Residential zones
-Administrative Level Review
• Savings in
Time
• Money
9.40.040 Stand Alone Driving -Requires a CUP -Allow as Minor Use Permit in all • Savings in
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Permitted
Uses in
Residential
District
Range (pg 6) -impacts can be
evaluated at staff
level
residential zones except Cove
Residential
-Administrative Level Review
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Home Occupations (pg
7)
-Doesn’t make sense
in this table and is
handled entirely by
code enforcement
-Move to Title 8 • Easier to
Understand
9.40.040
Permitted
Uses in
Residential
District
Museum or gallery
displaying sculpture,
artwork or crafts (pg
11)
-Conditional Use
Permit unnecessary
-Impacts can be
evaluated at staff
level or will already be
evaluated with SDP if
new construction
-Allow as Minor Use Permit in all
Residential Zones.
-Administrative Level Review
• Savings in
Time
• Money
9.40.040
Permitted
Uses in
Residential
District
Recreational vehicle
storage lots,
associated with a
planned community
(pg 11)
-doesn’t permit in
Very Low Density or
Low Density
Residential zones
when there is a need
to store these
vehicles.
-Allow as an accessory use in all
residential zones if associated with a
planned community and therefore can
be located to minimize impacts to
residents.
• Easier to
understand
• Potential
savings to
residents in
storage fees
• Reduce
demand for
code
enforcement
services
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Retail stores under
10,000 sq. ft. of floor
area per business (pg
14)
-doesn’t make sense
to be an accessory
use in Commercial
Park, Tourist, or
Office Commercial
zones
-Allow as permitted use in all non-
residential zones, except Major
Community Facilities zone.
• Easier to
understand
• Encourage
development
9.80.040
Permitted
Uses in
Nonresidenti
Retail stores, 10,000—
50,000 sq. ft. floor area
(pg 14)
-Requires CUP
approval by Planning
Commission in
Commercial Park,
-Allow as a permitted use in Commercial
Park, Community Commercial,
Neighborhood Commercial, and Village
Commercial Zones.
• Savings in
Time
• Money
• Acceptable
changes
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al Districts
Community
Commercial, and
Neighborhood
Commercial Zone
-No reason why a CUP
is necessary if new
construction requires
an SDP.
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Retail stores, over
50,000 sq. ft. floor area
(pg 14)
-CUP required for
Regional Commercial
and Community
Commercial Zones
-No reason why a CUP
is needed for this use
in these zones.
-Allow as permitted use in Regional
Commercial.
-Allow as a minor use permit in
Community Commercial since the scale
of commercial in this zone is intended for
smaller scale commercial. The minor use
permit allows for any impacts to be
addressed through conditions of
approval.
-Not permitted in the Village
Commercial Zone
• Savings in
Time
• Money
• Acceptable
changes
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Food, liquor and
convenience stores
under 10,000 sq. ft.
floor area, open 18 or
more hours/day (pg 14)
-Requires a CUP for
Regional Commercial,
Community
Commercial,
Neighborhood
Commercial, Tourist
Commercial, and
Village Commercial
zones
-Impacts related to
the proposed use can
be conditioned at the
administrative level.
-Allows as minor use permit in the
Regional Commercial, Community
Commercial, Neighborhood Commercial,
Tourist Commercial, and Village
Commercial zone.
-Administrative Level Review
• Savings in
Time
• Money
• Not
presented at
Ad-Hoc
Meeting #2-
Direction
needed.
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
subject to Section
-Requires a CUP in the
Regional Commercial,
Community
Commercial,
Neighborhood
-Permit by right in Regional Commercial,
Community Commercial, Neighborhood
Commercial, and Village Commercial
zones
• Savings in
Time
• Money
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9.100.120 (pg 15) Commercial zones
-No reason why they
shouldn’t be allowed
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
General and
professional offices (pg
15)
-No reason why not to
allow in Commercial
Park or major
Community Facilities
zones
-Allow as permitted use in the
Commercial Park or major Community
Facilities zones
• Easier to
understand
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Medical offices—
physicians, dentists,
optometrists,
chiropractors and
similar practitioners
(pg 15)
-No reason why not
permitted in
Commercial Park
zone
-Allow as permitted use in Commercial
Park zone
• Easier to
understand
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Surgicenters/ medical
clinics (pg 16)
-No reason why not
permitted in
Commercial Park
zone
-Allow as permitted use in Commercial
Park zone
• Easier to
understand
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Veterinary
clinics/animal hospitals
and pet boarding
(indoor only) (pg 16)
-No reason this should
be a CUP approval at
Planning Commission.
-Can be reviewed at
administrative level
-Allow as a Minor Use Permit in Regional
Commercial, Commercial Park,
Community Commercial, Neighborhood
Commercial and Village Commercial
Zones
-Administrative Level Review
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Restaurants, drive-
through (pg 16)
-Not permitted in
Neighborhood Comm
ercial or Tourist
Commercial Zones
-Limits development
opportunities
-Allow as a permitted use in
Neighborhood Commercial
• Encourages
investment,
development
• No change
9.80.040
Permitted
Uses in
Restaurants, counter
take-out with ancillary
seating, such as
-We may want to
allow restaurants and
lessees in Public
-Allow as an Accessory use • Encourages
investment,
development
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Nonresidenti
al Districts
yogurt, ice cream,
pastry shops and
similar (pg 16)
Facilities
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Micro-brewery or wine
tasting, accessory to
restaurant or bar. (pg
17)
-Not currently a land
use designation and
therefore not
permitted.
-No opportunities for
these establishments
that can be great
attractions.
-Add as a new land use.
-Allow as an accessory use in all
commercial zones except Major
Community Facilities zone.
• Savings in
Time
• Money
• Encourages
investment,
development
• Acceptable
change but
modify bar
to tasting
room
• Will be
presented
separately in
March 2016
as part of
Zoning
Consistency
effort.
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Bars and cocktail
lounges (pg 16)
-Not allowed in
Neighborhood
Commercial Zone
-limits economic
development
opportunities
-allow as a Conditional Use Permit in the
Neighborhood Commercial Zone as we
are still able to condition the use to
address possible impacts.
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Dancing or live
entertainment as a
principal use (pg 16)
-not allowed in
Commercial Park
zone
-allow in Commercial Park Zone with
approval of a Conditional Use Permit.
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Dancing or live
entertainment as an
accessory use (pg 16)
-not allowed in
Commercial Park
zone
-requires CUP in
Community
Commercial,
Neighborhood
-Allow as a permitted use in Commercial
Park zone
-Allow as an accessory permitted use in
the Community Commercial,
Neighborhood Commercial, and Tourist
Commercial zones
• Savings in
Time
• Money
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Commercial, and
Tourist Commercial
zones
-If this is an accessory
use do we really need
a CUP?
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Theaters, live or
motion picture (pg 16)
-requires a CUP in
Regional Commercial,
Community
Commercial zone,
Neighborhood
Commercial, and
Tourist Commercial
Zones. Theaters in a
Regional Commercial
zone should have the
least impact. Impacts
in other commercial
zones can be
mitigated in the
conditions of
approved under an
MUP.
-Not allowed in Major
Community Facilities
zone which limits
ability to have a
community theater in
a City facility.
-Allow as permitted us in Regional
Commercial Zone.
-Allow as a minor use permit in the
Commercial zone, Neighborhood
Commercial, and Tourist Commercial
Zones.
-Administrative Level Review
• Savings in
Time
• Money
• Encourages
investment,
development
• Easier to
understand
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Tobacco shops without
onsite smoking, as per
the provisions of the
Heath and Sanitation
Code (pg 16)
-Requires a CUP in
Community
Commercial and
Tourist Commercial
Zones
-Not permitted in
Neighborhood
Commercial Zone
-Allow as permitted use in Community
Commercial and the Neighborhood
Commercial Zones.
-Allow as an accessory use in the Tourist
Commercial Zone.
• Savings in
Time
• Money
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-Are there any
business impacts that
require special
conditions?
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
per the provisions of
the Health and
Sanitation Code (pg 17)
-Requires a CUP in the
Regional Commercial
and Tourist
Commercial Zones
-Not permitted in
Community
Commercial and
Neighborhood
Commercial Zones
-Are these restrictions
necessary?
-Impacts can be
addressed with
conditions at
administrative level.
-Allow as minor use permit in Regional
Commercial, Community Commercial,
Neighborhood Commercial, and Village
Commercial zones.
-Allow as Accessory in the Tourist
Commercial Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Bowling alleys (pg 17) -Requires a CUP and is
added in same
category as pool or
billiards centers
-Allows as a permitted use in Regional
Commercial, Commercial Park,
Community Commercial zones.
-Allow as a CUP in the Village
Commercial zones
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Pool or billiard centers
as a principal use a
principal use (pg 17)
-Not allowed in
Commercial Park
zone
-Allow as a CUP in the Commercial Park
and Village Commercial Zones
• Encourages
investment,
development
• Will be
presented
separately
with Zoning
Consistency
Changes in
March 2016
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Golf courses and
country clubs (see GC
district permitted uses,
Chapter 9.120) (pg 17)
-Do not allow golf courses in Commercial
Park, Tourist Commercial, or Office
Commercial zone
• Encourages
investment,
development
(encoura
ge retail
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develop
ment)
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Health clubs, martial
arts studios, and dance
studios, 5,000 sq. ft.
floor area or less (pg
17)
-requires a minor use
permit in most
commercial zones
-biggest impacts for
these uses are parking
in existing retail
centers which can be
analyzed during
tenant improvements
-Allow as a permitted use in all
commercial zones.
-allow as minor use permit in Major
Community Facilities zone
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Health clubs, martial
arts studios, and dance
studios, over 5,000 sq.
ft. floor area (pg 17)
-requires a
Conditional Use
Permit in commercial
zones.
-Parking impacts
larger than same use
less than 5,000 square
feet but CUP is too
much
-Allow as a minor use permit in all
commercial zones, including Major
Community Facilities zone.
• Savings in
Time
• Money
• Easier to
understand
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Miniature
golf/recreation centers
(pg 18)
-requires a
Conditional Use
Permit in Tourist
Commercial Zone.
-it should be easier to
approve miniature
gold centers since the
use is compatible.
-Allow as Minor Use Permit in Tourist
Commercial Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Ice skating rinks (pg
18)
-requires a CUP in
Regional Commercial,
Community
Commercial, and
Major Community
Facilities Zone.
-Not permitted in
Commercial Park and
Tourist Commercial
-Allow as Minor Use Permit in Regional
Commercial, Commercial Park,
Community Commercial, Tourist
Commercial, and Major Community
Facilities zones.
• Savings in
Time
• Money
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Zone
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Lodges, union halls,
social clubs and senior
citizen centers (pg 18)
-allow as a permitted
use. Design with new
construction is
addressed as a site
development permit
-allow as permitted use in Regional
Commercial, Commercial Park,
Community Commercial, Neighborhood
Commercial and Major Facilities Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Churches, temples and
other places of worship
(pg 18)
-CUP is unnecessary.
Impacts of use can be
addressed with
conditions of a minor
use permit
-allow as a minor use permit in Regional
Commercial, Commercial Park,
Community Commercial, Neighborhood
Commercial, and Office Commercial
Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Mortuaries and funeral
homes (pg 18)
-CUP is unnecessary.
Impacts of use can be
addressed with
conditions of a minor
use permit
-allow as a minor use permit in Regional
Commercial, Commercial Park,
Community Commercial and not
permitted in Village Commercial Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Electrical Substations
(pg 19)
-requires a minor use
permit
-require Community Facilities zoning for
electrical substation sites.
• Too
permissive
and has
potential
impacts
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Water wells and
pumping stations (pg
19)
-allow as permitted in all commercial
zones
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Reservoirs and water
tanks (pg 19)
-requires a minor use
permit in Major
Community Facilities
zone when the
designation is already
the most appropriate
zone
-allow as a permitted use in Community
Facilities zone
• Savings in
Time
• Money
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9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Colleges and
universities (pg 19)
-not allowed in
Commercial Park or
Office Commercial
Zones and therefore
difficult for desired
educational facilities
and associated
economic
opportunities to
operate in these
zones.
-allow as a minor use permit in
Commercial Park and Office Commercial
Zone.
-allow as a Conditional Use permit in
Village Commercial Zone
• Savings in
Time
• Money
• Easier to
understand
• Encourages
investment,
development
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Vocational schools,
e.g., barber, beauty
and similar (pg 19)
-Conditional Permit
unnecessary in
Regional Commercial
zone.
-allow as a Minor Use Permit in the
Regional Commercial Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Private swim schools
(pg 19)
-no need to regulate
these.
-Can be classified in
health club category
-eliminate land use category • Not a
streamlining
issue
• Not a
streamlining
issue
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Train, bus and taxi
stations (pg 19)
-None exist and are
there any reasons we
would want these
facilities?
-eliminate land use category • Not a
streamlining
issue
• Not a
streamlining
issue
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Townhome and
multifamily dwelling as
a primary use (pg 19)
-Only allowed as a
CUP in Regional
Commercial and
Commercial Park
Zone
-Not Permitted in
Community
Commercial,
-Permit by right in Regional Commercial,
Commercial Park, Community
Commercial, Neighborhood Commercial,
Tourist Commercial, Office Commercial,
and Village Commercial zones
-Keep as CUP in Regional Commercial,
Commercial Park.
-Allow with CUP in Community
• Savings in
Time
• Money
• Encourages
investment,
development
• Staff
recommende
d change not
approved
• Amend Code
to require
CUP approval
in all
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Neighborhood
Commercial, Tourist
Commercial or Office
Commercial
Commercial, Neighborhood Commercial,
Tourist Commercial, Office Commercial,
and Village Commercial zones
Commercial
zones.
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Residential as an
accessory use, e.g.,
caretaker residences
per Section 9.100.160
(pg 19)
-Requires a CUP in all
zones which is too
rigid
-Allow with a minor use permit in all
commercial zones.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Timeshare facilities
subject to Section
9.60.290 (pg 20)
-there is a difference
between new
development for
timeshares and
conversions
-Conversions may
create impact on
existing residential
developments
-Existing CUP
requirements is too
cumbersome for new
proposed timeshare
development
-Divide timeshares into two categories 1)
new development 2) conversions
-Allow new development timeshares as
permitted by right for Regional
Commercial, Community Commercial,
Tourist Commercial, and Village
Commercial zones.
-Require timeshare conversion as
Conditional Use Permits for Regional
Commercial, Community Commercial,
Tourist Commercial, and Village
Commercial zones
• Savings in
Time
• Money
• Easier to
understand
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Golf cart, neighborhood
electric vehicle (NEV),
and electric scooter
sales (pg 21)
-Opportunities not
available for NEV
sales
-Allow sales as a minor use permit in the
Neighborhood Commercial Zone
• Flexibility
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Car washes (pg 21) -Minor Use Permit will
allow a faster process
and include
conditions to mitigate
impacts
-allow as a minor use permit in the
Regional Commercial, Commercial Park,
Community Commercial zones. Not
permitted in the Village Commercial
Zone
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Auto and motorcycle
sales and rentals (pg
21)
-CUP is unnecessary
and impacts can be
mitigated with
-Allow as a minor use permit in Regional
Commercial and Commercial Park Zones
• Savings in
Time
• Money
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Nonresidenti
al Districts
conditions under a
Minor Use Permit
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Private parking
lots/garages as a
principal use subject to
Chapter 9.150, Parking
(pg 21)
-Requires a CUP in
most Commercial
Zones
-May not be a desired
use in some
commercial zones as
it may prevent retail
development
-Prohibit in Regional Commercial and
Community Commercial Zones
-Allow as minor use permit in Tourist
Commercial, Office Commercial, and
Major Community Facilities, and Village
Commercial zones.
-Keep as a CUP in the zones where it is
currently required.
• Savings in
Time
• Money
• No
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Auto parts stores, with
no repair or parts
installation on the
premises (pg 21)
-CUP is unnecessary -Allow as a permitted us in
Neighborhood Commercial and Village
Commercial Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Lumber yards, outdoor
(see retail stores for
indoor lumber sales)
(pg 22)
-CUP is unnecessary
when a MUP can
include conditions of
regulate use
-Allow as a Minor Use Permit in the
Commercial Park Zone.
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Pest control services
(pg 22)
-CUP is unnecessary
when a minor use
permit can include
conditions of regulate
use. Pest control
seems to be a
compatible use with
the Commercial Park
Zone
-Allow as a Minor Use Permit in the
Regional Commercial Zone.
-Allow as a permitted use in the
Commercial Park Zone
• Savings in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Contractor, public
utility and similar
equipment/storage
yards (pg 22)
-CUP is unnecessary in
Commercial Park zone
when use can be
regulated with
conditions in a minor
use permit.
-Allow as a Minor Use Permit in the
Commercial Park Zone
-Allow as a permitted use in the Major
Community Facilities Zone
• Savings in
Time
• Money
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-CUP is too restrictive
in a Major Facilities
zone and is
compatible as a
permitted use
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Central cleaning or
laundry plants (pg 22)
-The restriction should
be lifted in the Tourist
Commercial since
laundry plant may be
central to services at
a resort
-Allow as an accessory use in the Tourist
Commercial Zone
-Prohibit in the Regional Commercial,
Commercial Park, and Community
Commercial zone
• Flexibility
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Recording Studios (pg
22)
-Prohibited in
Regional Commercial
and Village
Commercial zones
-Allow as minor use permit in Regional
Commercial and Village Commercial
zones
• Flexibility
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Swimming pools as an
accessory use (pg 23)
-Minor Use Permit
unnecessary if an
accessory use
-Allow as an accessory use in all
commercial zones
• Saving in
Time
• Money
9.80.040
Permitted
Uses in
Nonresidenti
al Districts
Golf or tennis facilities
as an accessory use
(pg 23)
-Minor Use Permit
unnecessary if an
accessory use
-Allow as an accessory use in all
commercial zones
• Saving in
Time
• Money
9.200.020
Authority
Site Development
Permit (SDP) (pg 31,
41)
-Requires approval by
Planning Commission
-Some Site
Development Permits
require approval by
City Council
-Allow SDP to be approved at the
administrative level.
-Create a Minor SDP process to be
approved at the administrative level.
-Staff Recommended Threshold is:
• New office or commercial
buildings no more than 10,000
square feet that are not part of
• Savings in
Time
• Money
• Create a
Minor Site
Development
Review
Process for
administrativ
e review.
• Keep Site
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an approved master commercial
development or Specific Plan.
• New building construction or
remodeling (single and multiple
family residential, office,
commercial and/or institutional)
and landscape plans within an
approved Specific Plan.
• New buildings on vacant pads
within an approved commercial
development.
• New single family models and
landscaping plans in an approved
tentative tract map.
Development
Permit at
Planning
Commission
for big
projects
• Major
concerns
with Minor
Site
Development
Permit will be
referred to
Planning
Commission
9.200.020
Authority
Home Occupation
Permit (pg 31)
-already reviewed by
Code Enforcement
-Move to Title 11 • Easier to
understand
9.200.020
Authority
Add: Planning
Compliance Review
(pg 30)
-No specific process
for substantial
conformance review
-add to authority table at staff level
review
• Easier to
understand
9.200.020
Authority
Sign Program (pg 31) -Requires Planning
Commission review
-Move to Staff review
• Savings in
Time
• Money
• Yes
9.200.090
Modification
by applicant
(MBA)
C. Criteria (*this is the
criteria for allowing
minor changes to an
approved development
design) (pg 36)
-only allows for
modification of
building square
footage if it is
increases. A decrease
in square footage is
subject to a Site
Development Permit
to be approved by the
Planning Commission.
-Allow for decrease in building square
footage through the Modification by
Applicant process.
• Savings in
Time
• Money
• Yes
9.200.090 C. Criteria (pg 36) -MBA process does -Allow for changes, additions or • Savings in • Yes
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Modification
by applicant
(MBA)
not allow for minor
changes to site or
grading plans as an
administrative
function.
-Any changes site or
grading plans would
require Site
Development Permit
approval by the
Planning Commission.
substitutions for site and grading plans in
the Modification by Applicant process.
Time
• Money
9.200.090
Modification
by applicant
(MBA)
C. Criteria (pg 36) -MBA process does
not allow for changes
in residential model
design.
-Any changes to the
residential model
design would require
a Site Development
Permit approval by
the Planning
Commission.
-Allow for changes in residential model
design in the Modification by Applicant
process.
• Savings in
Time
• Money
• Approved
Chapter
9.210
Developmen
t Review
Permits
D. Decision-making
authority (pg 31)
-requirements that
Site Development
Permits for high
density residential or
non-residential
permits with
structures greater
than one-story and
twenty-two feet in
height and within one
hundred feet of
residentially zoned
properties be
reviewed by Council is
too rigid.
-Remove SDP from final approval
authority
• Savings in
Time
• Money
• Approved
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Chapter
9.210.040
Minor
Adjustments
C. Applicability (pg 47) -Only one deviation of
10% allowed for a
numerical standard
-Allow for up to three adjustments per lot • Flexibility • As Directed
by Ad-Hoc
Committee
Page 17 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
7
9.40.0340 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas
and structures which are permitted within each residential district. The letters in the
columns beneath the district designation mean the following:
“P”: Permitted as a principal use within the district.
“A”: Permitted only if accessory to the principal residential use on the site.
“C”: Permitted if a conditional use permit is approved.
“M”: Permitted if a minor use permit is approved.
“H”: Permitted as a home occupation if accessory to the principal residential use
and if a home occupation permit is approved.
“S”: Permitted if a specific plan is approved per Section 9.40.030.
“X”: Prohibited in the district.
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Single-family
detached dwellings P P P P P S
1
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Single-family
detached patio
homes (i.e., “zero
lot-line”)
PUDS PUDS PUDS PUDS P PUDS
Duplexes (two
units on the same
lot)
PUDS PUDS SX PUDS P P
Single-family
attached dwellings
(two units per
building with each
unit on its own lot)
PUDS PUDS X PUDS P P
Townhome
dwellings (two or
more units per
building with each
unit on its own lot)
PUDS PUDS X SP P P
Condominium
multifamily
(“airspace”
units)[n1]
PUDS PUDS X SP P P
Apartment
multifamily (rental
units)
X X X P P P
2
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Mobilehome parks C C C C C C
Mobilehome
subdivisions and
manufactured
homes on
individual lots,
subject to Section
9.60.180
P P P P P X
Resort residential
subject to Section
9.60.320
CP CP X CP CP CP
Guesthouses,
subject to Section
9.60.100
A A A A A A
Second residential
units subject to
Section 9.60.090
A A A A A A
Group Living and Care Uses
3
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Child day care
facilities as an
accessory use,
serving 8 or fewer
children, subject to
Section 9.60.190
A A A A A X
Child day care
facilities as an
accessory use,
serving 9—14
children, subject to
Section 9.60.190
M M M M M X
Congregate living
facilities, 6 or fewer
persons
P P P P P X
Congregate care
facility C C C C C C
Residential care
facilities, 6 or fewer
persons
P P P P P P
4
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Senior citizen
residences, 6 or
fewer persons,
subject to Section
9.60.200
P P P P P P
Senior group
housing, 7 or more
persons, subject to
Section 9.60.200
X X X XM CM CM
Time share
facilities, subject to
Section 9.60.280
CM CM CM CM CM CM
Bed and breakfast
inns CM CM CM CM CM CM
Supportive
Housing X X X C C C
Transitional
Housing X X X C C C
Cottage Food
Operations, subject
to Section 9.60.115
MP MP MP MP MP MP
Open Space and Recreational Uses
5
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Public parks,
playfields and open
space
P P P P P P
Bicycle, equestrian
and hiking trails P P P P P P
Clubhouses and
community
pools/cabanas
P P P P P P
Unlighted tennis
and other game
courts on private
property, subject to
Section 9.60.150
A A A A A A
Lighted tennis and
other game courts
on private property,
subject to Section
9.60.150
M M M CM CM CM
Golf courses and
country clubs per
Section 9.110.040
P P P P P P
Driving range with
or without lights CM CM X CM CM CM
6
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Accessory Uses and Structures
Home occupations,
subject to Section
9.60.110[n2]
H H H H H H
Patio covers,
decks, and
gazebos, subject to
Section 9.60.040
A A A A A A
Fences and walls,
subject to Section
9.60.030
P P P P P P
Satellite dishes
and other antennas
subject to Section
9.60.080
A A A A A A
Swimming pools,
spas and cabanas,
subject to Section
9.60.070
A A A A A A
Garages and
carports, subject to
Section 9.60.060
A A A A A A
7
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Keeping of
household pets,
subject to Section
9.60.120
A A A A A A
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
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.
A A X X X X
8
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Other accessory
uses and
structures which
are customarily
associated with
and subordinate to
the principal use
on the premises
and are consistent
with the purpose
and intent of the
zoning district.
A A A A A A
Agricultural Uses
Tree crop farming;
greenhouses P X X X X X
Field crop farming P M X X X X
Produce stands,
subject to Section
9.100.100
P M X X X X
Temporary Uses
Garage sales A A A A A A
9
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Construction and
guard offices,
subject to Section
9.60.210
M M M M M M
Use of relocatable
building M M M M M M
Model home
complexes and
sales offices,
subject to Section
9.60.250
M M M M M M
Special outdoor
events, subject to
Section 9.60.170
M M M M M M
Parking of
recreational
vehicles, subject to
Section 9.60.130
A A A X X X
Other Uses
Churches, temples
and other places of
worship
C C C C C C
10
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Museum or gallery
displaying
sculpture, artwork
or crafts, including
schools for above,
on 20 acres or
more
CM CM CM CM CM CM
Community
recreational vehicle
storage lots,
noncommercial
XA XA X PA PA PA
Communication
towers and
equipment
(freestanding, new
towers) subject to
Chapter 9.170
C C C C C C
Communication
towers and
equipment (co-
location, mounted
to existing facility)
subject to Chapter
9.170
M M M M M M
11
Table 9-1 Permitted Uses in Residential Districts
P = Principal
Permitted use
A = Accessory
use
C =
Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
occupation
permit
S = Specific
plan required
T= Temporary
Use Permit
X = Prohibited
use
Ve
r
y
Lo
w
De
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Lo
w
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Co
v
e
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Me
d
i
u
m
-Hi
g
h
D
e
n
s
i
t
y
R
e
s
id
e
n
t
i
a
l
Hi
g
h
D
e
n
s
i
t
y
R
e
s
i
d
e
n
t
i
a
l
Land Use RVL RL RC RM RMH RH
Utility substations
and facilities M M M M M M
Public flood control
facilities and
devices
P P P P P P
(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 111in 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. “X”: 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
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
i
t
y
Co
m
m
e
r
c
i
a
l
Ne
i
g
h
b
o
r
-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Retail Uses
Retail stores under
10,000 sq. ft. floor area
per business
P AP P P AP AP X
P
Retail stores1, 10,000—
50,000 sq. ft. floor area P CP CP CP X X X
P
Retail stores1, over
50,000 sq. ft. floor area CP C CM X X X X
X
Food, liquor and
convenience stores
under 10,000 sq. ft. floor
area, open less than 18
hours/day2
P A P P A A X
P
Food, liquor and
convenience stores
under 10,000 sq. ft. floor
area, open 18 or more
hours/day2
CM X CM CM CM X X
M
14
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
i
t
y
Co
m
m
e
r
c
i
a
l
Ne
i
g
h
b
o
r
-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
subject to Section
9.100.120 (Outdoor
storage and display)
CP X CP CP X X X
P
Showroom/catalog
stores, without
substantial on-site
inventory
P P P X X X X
X
General Services
Barbershops, beauty,
nail and tanning salons
and similar uses
P A P P P A X
P
Miscellaneous services
such as travel services,
photo developing,
videotape rentals, shoe
repair, appliance repair,
and similar uses P A P P P A X
P
Laundromats and dry
cleaners, except central
cleaning plants
P X P P P X X
M
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
professional offices P XP P P P P CP P
Medical offices—
physicians, dentists,
optometrists,
P XP P P P P X
15
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
i
t
y
Co
m
m
e
r
c
i
a
l
Ne
i
g
h
b
o
r
-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
chiropractors and similar
practitioners,
P
Medical centers/clinics—
four or more offices in
one building
P X P C X P X
Surgicenters/ medical
clinics P XP P C X P X X
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
boarding (indoor only)
CM CM CM CM X X X
M
Dining, Drinking and Entertainment Uses
Restaurants, other than
drive-through P A P P P X A P
Restaurants, drive-
through P A P X P X X X
Restaurants, counter
take-out with ancillary
seating, such as
yoghurt, ice cream,
pastry shops and
similar
P P P P P X XA
P
Bars , taverns and
cocktail lounges C C C XC C X X
C
Dancing or live
entertainment as a
principal use
C XC C X C X X
C
Dancing or live
entertainment as an
accessory use
A XA CA CA CA X X
A
Theaters, live or motion
picture CP X CM XM CM X XA
M
Tobacco shops without
onsite smoking, as per
the provisions of the
Heath and Sanitation
P X CP XP CA X X
P
16
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
i
t
y
Co
m
m
e
r
c
i
a
l
Ne
i
g
h
b
o
r
-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
per the provisions of the
Health and Sanitation
Code
CM X XM XM CA X X
M
Recreation Uses
Bowling, pool or billiard
centers as a principal
use
C XC C X C X X
C
Pool or billiard tables as
accessory use (3 tables
or less)
A A A A A A X
A
Game machines, 11 or
more (as either a
principal or accessory
use)
C X C C C X X
Game machines as an
accessory use, 10 or
fewer machines
A A A A A A X
A
Golf courses and
country clubs (see GC
district permitted uses,
Chapter 9.120)
X AX X X CA AX X
X
Tennis clubs or
complexes C A C X X A C
Health clubs, martial arts
studios, and dance
studios, 5,000 sq. ft.
floor area or less
MP MP MP MP MP MP AM
P
Health clubs, martial arts
studios, and dance
studios, over 5,000 sq.
ft. floor area
CM CM CM CM CM CM XM
M
Libraries P XP P CP P P P P
Museum or gallery
displaying sculpture,
artwork or crafts,
including schools for
P P P P P P P
P
17
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
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r
c
i
a
l
P
a
r
k
Co
m
m
u
n
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t
y
Co
m
m
e
r
c
i
a
l
Ne
i
g
h
b
o
r
-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
above
Parks, unlighted
playfields and open
space
P P P P P P P
P
Lighted playfields X X X X X X C C
Bicycle, equestrian and
hiking trails P P P P P P P
P
Indoor pistol or rifle
ranges X C X X X X X
X
Miniature golf/recreation
centers C X X X CM X X
X
Assembly Uses
Ice skating rinks
CM XM CM X XM X CM X
Lodges, union halls,
social clubs and senior
citizen centers
CP CP CP CP X X CP
P
Churches, temples and
other places of worship CM CM CM CM X CM X
M
Mortuaries and funeral
homes CM CM CM X X X X
X
Public and Semipublic Uses
Fire stations P P P P XP P P P
Government offices and
police stations P P P P P P P
P
Communication towers
and equipment
(freestanding, new
towers) subject to
Chapter 9.170
C C C C C C C
C
Communication towers
and equipment (co-
location, mounted to
existing facility) subject
to Chapter 9.170
M M M M M M M
M
Electrical substations MX M MX X X X M X
Water wells and
pumping stations MP MP MP XP XP XP MP
P
18
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
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t
y
Co
m
m
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l
Ne
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b
o
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d
Co
m
m
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c
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a
l
To
u
r
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s
t
C
o
m
m
e
r
c
i
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l
Of
f
i
c
e
C
o
m
m
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r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
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t
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Fa
c
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l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Reservoirs and water
tanks X X X X X X MP
X
Public flood control
facilities and devices P P P P P P P
P
Colleges and
universities C XM X X X XM C
C
Vocational schools, e.g.,
barber, beauty and
similar
CM C C X X C C
C
Private elementary,
intermediate and high
schools
C C C C C C C
C
Private swim schools C C C X C X C
Train, bus and taxi
stations C X C X C X C
Helicopter pads X X X X C X C X
Public or private kennels
and animal shelters
(with indoor or outdoor
pet boarding)
X C X X X X C
X
Golf courses and
country clubs (see GC
district permitted uses,
Chapter 9.120)
C A C X C A P
Driving range unlighted P A C X P A P
Tennis clubs or
complexes C A C X C A C
Health clubs, martial arts
studios, and dance
studios, 5000 sq. ft. floor
area or less
P P P P P P A
Residential, Lodging and Child CareChild daycare Uses
Townhome and
multifamily dwelling as a
primary use3,4
C3 C4 XC XC XC XC X
PC
Residential as an
accessory use, e.g.,
caretaker residences per
Section 9.100.160
CM CM CM CM CM CM CM
M
19
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
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n
a
l
Co
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c
i
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Co
m
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i
a
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P
a
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k
Co
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Co
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Ne
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b
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-ho
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d
Co
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i
a
l
To
u
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i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
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e
C
o
m
m
e
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c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Child day care facilities,
centers and preschools
as a principal use,
subject to Section
9.100.250 (also see
Accessory Uses)
CM CM CM CM XX CM CM
M
Senior group housing,
subject to Section
9.100.260
CX X X X X X X
M
Rooming and boarding
houses CX X X X X X X M
Single room occupancy
(SRO) hotels, subject to
Section 9.100.270
C X X X X X X
X
Emergency shelters P P P P P P P X
Transitional shelters for
homeless persons or
victims of domestic
abuse
C X X X X X C
X
Single family residential SX X X X X X X
X
Mixed-use projects:
residential and
office/commercial
SP XP XP XP XP XP X
P
RV rental parks and
ownership/membership
parks
CX X CX X CM X X
X
Resort residential S X C X C X X
Hotels and motels CP X CP X CP X X P
Timeshare facilities,
subject to Section
9.60.290
PC XX PC XX PC XX XX
P
V
Caretaker residences M M M M M M M M
Automotive Automobile Uses5
Golf cart, neighborhood
electric vehicle (NEV),
and electric scooter P P P XM X X X
M
20
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
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n
a
l
Co
m
m
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r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
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k
Co
m
m
u
n
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t
y
Co
m
m
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a
l
Ne
i
g
h
b
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-ho
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d
Co
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m
e
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i
a
l
To
u
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i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
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e
C
o
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i
a
l
Ma
j
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r
C
o
m
m
u
n
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t
y
Fa
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l
i
t
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e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
sales
Automobile service
stations, with or without
minimart
C C C C X X X
C
Car washes CM CM CM X X X X X
Auto body repair and
painting; transmission
repair
X C X X X X X
X
Auto repair specialty
shops, providing minor
auto maintenance: tire
sales/service, muffler,
brake, lube and tune-up
services—not including
major engine or
drivetrain repair
C C C X X X X
X
Auto and motorcycle
sales and rentals CM CM X X X X X
X
Used vehicle sales, not
associated with a new
vehicle sales facility, as
per Section 9.100.030
C C X X X X X
X
Truck, recreation vehicle
and boat sales C C X X X X X
Auto parts stores, with
no repair or parts
installation on the
premises
P P P CP X X X
P
Auto or truck storage
yards, not including
dismantling
X C X X X X X
X
Private parking
lots/garages as a
principal use subject to
Chapter 9.150, Parking
C C C X C C X
C
Warehousing and Heavy Commercial Uses5
Wholesaling/distribution
centers, with no sales to C P X X X X X
X
21
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
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c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
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k
Co
m
m
u
n
i
t
y
Co
m
m
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c
i
a
l
Ne
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g
h
b
o
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-ho
o
d
Co
m
m
e
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i
a
l
To
u
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i
s
t
C
o
m
m
e
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c
i
a
l
Of
f
i
c
e
C
o
m
m
e
r
c
i
a
l
Ma
j
o
r
C
o
m
m
u
n
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t
y
Fa
c
i
l
i
t
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e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
consumers
General warehouses,
with no sales to
consumers
C P X X X X X
Mini-storage
warehouses X X6 X X X X X
X
Lumber yards, outdoor
(see retail stores for
indoor lumber sales)
X CM X X X X X
X
Pest control services CM PC X X X X X X
Plumbing repair shops C P X X X X X
Contractor, public utility
and similar
equipment/storage yards
CX CM X X X X CP
X
Central cleaning or
laundry plants CX CX CX X XA X X
X
Communication or relay
facilities/antennas as
primary use
C C C C C C C
Industrial and Research Uses
Indoor manufacture and
assembly of
components or finished
products from materials
such as cloth, fiber, fur,
glass, leather, stone,
paper (except milling),
plastics, metal, and
wood
X P X X X X X
X
Research and
development P P X X X X X
X
Recording studios PM P X X X X X M
Bottling plants X P X X X X X X
Sign making, except
sandblasting P P X X X X X
Sign making, including
sandblasting X P X X X X X
X C X X X X C
22
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
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t
y
Co
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a
l
Ne
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g
h
b
o
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-ho
o
d
Co
m
m
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r
c
i
a
l
To
u
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i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
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r
c
i
a
l
Ma
j
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r
C
o
m
m
u
n
i
t
y
Fa
c
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l
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t
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e
s
Vi
l
l
a
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e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
Recycling centers as a
primary use, collection
and sorting only, subject
to Section 9.100.190
X
Off-site hazardous
waste facilities, subject
to Section 9.100.230
X C X X X X X
X
Accessory Uses and Structures
Portable outdoor
vending uses (such as
flower stands, hotdog
stands, etc.), subject to
Section 9.100.100
M M M M M M M
M
Swimming pools as an
accessory use MA MA MA XA AA MA AA
A
Golf or tennis facilities
as an accessory use MA MA MA XA AA MA AA
A
Signs, subject to
Chapter 9.160 A A A A A A A
Fences and walls,
subject to Section
9.100.030
A A A A A A A
Antennas and satellite
dishes, subject to
Section 9.100.070
A A A A A A A
A
Reverse vending
machines subject to
Section 9.100.190
A A A A X X A
M
Recycling dropoff bins,
subject to Section
9.100.190
M A M M X X A
Incidental products or
services for employees
or businesses, such as
child day care,
cafeterias and business
support uses
A A A A A A A
A
Other accessory uses
and structures which are A A A A A A A
23
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
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c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
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k
Co
m
m
u
n
i
t
y
Co
m
m
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a
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Ne
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h
b
o
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o
d
Co
m
m
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c
i
a
l
To
u
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i
s
t
C
o
m
m
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Of
f
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C
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Ma
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C
o
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m
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Fa
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t
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Vi
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a
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C
o
m
m
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i
a
l
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
purpose and intent of
the zoning district, as
determined by the
director
A
Temporary Uses
Christmas tree sales,
subject to Section
9.100.080
T T T T X X T
T
Halloween pumpkin
sales, subject to Section
9.100.090
T T T T X X T
T
Stands selling fresh
produce in season,
subject to Section
9.100.100
T T T T X X T
T
Sidewalk sales, subject
to Section 9.100.130 T T T T T T X
T
Temporary outdoor
events, subject to
Section 9.100.140
T T T T T T T
T
Construction and guard
offices, subject to
Section 9.100.170
T T T T T T T
Use of relocatable
building, subject to
Section 9.100.180
T T T T T T T
T
Other Uses
Fortunetelling and
palmistry C X C X X X X
Sexually oriented
businesses, subject to
Section 9.110.0807
C X X X X X X
X
Other uses not listed in this table: per Section 9.20.040, director of planning commission to
24
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal Permitted
use
A = Accessory use
C = Conditional use
permit
M = Minor use permit
T = Temporary use
permit
X = Prohibited use
Re
g
i
o
n
a
l
Co
m
m
e
r
c
i
a
l
Co
m
m
e
r
c
i
a
l
P
a
r
k
Co
m
m
u
n
i
t
y
Co
m
m
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c
i
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l
Ne
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g
h
b
o
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-ho
o
d
Co
m
m
e
r
c
i
a
l
To
u
r
i
s
t
C
o
m
m
e
r
c
i
a
l
Of
f
i
c
e
C
o
m
m
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r
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i
a
l
Ma
j
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r
C
o
m
m
u
n
i
t
y
Fa
c
i
l
i
t
i
e
s
Vi
l
l
a
g
e
C
o
m
m
e
r
c
i
a
l
Land Use CR CP CC CN CT CO MC VC
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)
25
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
A = Accessory use
C = Conditional
use permit
T = Temporary use
permit
X = Prohibited use
Pa
r
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s
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a
y
Land Use PR GC OS FP HC* SOB* EOD* AHO*
Open space
P P P P P P **
**
Public parks, lakes
and passive
recreation facilities
P P P P X **
**
Playfields, lighted or
unlighted
P X X X X X **
**
Bicycle, equestrian
and hiking trails
P P P P P **
**
Libraries and
museums
C X X X C X **
**
Visitor centers
C X C C C X **
**
26
P = Permitted use
A = Accessory use
C = Conditional
use permit
T = Temporary use
permit
X = Prohibited use
Pa
r
k
s
a
n
d
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t
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Ho
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O
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l
a
y
Clubhouses and
community
pools/cabañas
P A X X X X **
**
Tennis courts or
complexes, public
P A X X X X **
**
Tennis clubs or
complexes, private
A X X X X **
**
Golf courses and
country clubs,
including
clubhouses and
other customary
accessory uses
C P X X X X **
**
Golf courses
without above-
ground structures,
including fairways,
greens, tees and
golf-cart paths
C P X P C
X **
**
Signs, subject to
Chapter 9.160
A A A
A
A **
**
Fences and walls,
subject to Section
9.100.030
A
**
**
Satellite dish and
other antennas,
subject to Section
9.100.070
A A A
A
A **
**
Temporary outdoor
events, subject to
Section 9.100.040
T T T T T T **
**
Commercial T T T T T T T T
27
P = Permitted use
A = Accessory use
C = Conditional
use permit
T = Temporary use
permit
X = Prohibited use
Pa
r
k
s
a
n
d
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t
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f
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Ho
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a
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Filming, subject to
Section 9.210.050
Single-family
residential
X X C X C1 X **
**
Multifamily
residential,
commercial (except
sexually oriented
businesses), office
or industrial
development
X X X X X X **
**
Sexually oriented
businesses, subject
to Section
9.140.050
X X X X X C **
**(1)
Communication
towers and
equipment
(freestanding, new
towers) subject to
Chapter 9.170
C C C C C1 C **
**
Communication
towers and
equipment (co-
location, mounted to
existing facility)
subject to Chapter
9.170
M M M M M M **
**
Electrical
substations
X X M X M1 X **
**
Water wells and
pumping stations
P P P P M1 X **
**
Water tanks and
reservoirs
X M M X M1 X **
**
28
P = Permitted use
A = Accessory use
C = Conditional
use permit
T = Temporary use
permit
X = Prohibited use
Pa
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Public flood control
facilities and
devices
P P P P P P **
**
Medical marijuana
dispensaries X X X X X X** X X
Other principal,
accessory or
temporary uses not
listed above
(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
29
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)
1.
9.200.020 Authority.
A. Decision-Making Authority. Table 9-23, following, specifies the decision-
making authority for each of the various actions described in this code. An
“A,” “PH” or “CC” means that the official or body at the top of the column
has decision-making authority for the application. An “A” means that the
application is reviewed administratively without a public hearing. A “PH”
means that a public hearing is required before action is taken. An “R(PH)”
means that the planning commission is responsible for holding a public
hearing and forwarding a recommendation to the city council. A “CC”
means that the city council is responsible for considering the site
development permit as a consent calendar item.
30
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-Making 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)
A PH
Site development permit (per LQMC
9.210.010.D2)
PH[n3] CC/PH***
Minor use permit A*
Minor adjustment A*
Temporary use permit A*
Home occupation permit A**[n4]
Sign permit A*
Sign program PH
Subdivisions Per city subdivision code
Environmental review Per city environmental review
procedures
* By planning director
** By director of building and safety
***Subject to the provisions of 9.210.010.
*** 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
9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently in one application with one fee deposit so long
as all applicable processing requirements and all required findings are satisfied. The
following rules shall apply to such combined applications:
A. When an application requiring a public hearing is combined with one not
requiring a public hearing, the combined application shall require a public
hearing.
B. The final decision on the combined application shall be made by the
highest applicable decision-making authority pursuant to Table 9-23
preceding. For example, the decision on an application combining a zone
change and a conditional use permit shall be made by the city council.
C. The applicable fee(s) shall be collected in accordance with Chapter 9.260.
(Ord. 284 § 1 (Exh. A), 1996)
9.200.040 General permit provisions.
A. Applicability of Permits to Property. All rights granted by the approval of a
development review permit remain with the affected property and all
entitlements, conditions and requirements of a discretionary permit are
passed on to the new property owner when there is a change of ownership.
B. Enforceability of Permit Provisions. All conditions, requirements and
standards specified either in writing or graphically as part of any approval
granted by authority of this chapter shall have the same force and effect as
this zoning code. Any land use or development established as a result of
an approval which is not in compliance with all such conditions,
requirements or standards shall be in violation of this chapter, and the
enforcement provisions of the municipal code shall be applicable. (Ord.
284 § 1 (Exh. A), 1996)
9.200.050 Permit applications.
A. Acceptance of Applications as Complete. Within thirty days of receipt of a
permit application, the director shall determine whether the application is
complete and shall transmit such determination to the applicant. If the
application is determined not to be complete, the director shall specify in
writing those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete.
B. Preparation of Environmental Documents. When it is determined that an
environmental impact report or a negative declaration is required for a
proposal, the application for that proposal shall not be deemed complete
until the applicant has deposited with the planning department sufficient
funds to pay for the cost of completion of the environmental impact report
or negative declaration. The director shall determine the amount of funds
32
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. Conditional Approval with Conditions. Any application may be approved
subject to compliance with conditions. Conditions may require
dedication of land, installation of improvements, the posting of financial
security to guarantee performance, design modifications or other
conditions necessary to achieve the objectives of the general plan and
this zoning code. After the action’s effective date as defined in
subsection C of this section and after approval of any required plan
revisions per subsection D of this section, the proposed land use or
development may be established in compliance with all applicable
regulations, the approved project plans and specifications, and the
requirements of the conditions of approval.
3. Denial. When a conditional use permit or site development permit
application has been denied, an application for the same or a similar
use on the same property shall not thereafter be accepted for a period
of one year from the date of final determination, except that the
decision-making authority may specify that this time limitation shall not
apply. This time limitation on resubmittal of applications is not
applicable to other discretionary permits.
4. Withdrawal. With the concurrence of or at the request of the applicant,
any application may be withdrawn. When an application is withdrawn,
such action is effective immediately and is not subject to appeal.
Thereafter, such application shall be null and void and the property
shall have the same status as if no application had been filed.
B. Action in Writing. The decision on each application, including any required
findings and any other reasons that serve to explain the determination plus
all conditions of approval shall be in writing. A copy of the written
determination shall be forwarded to the applicant following the date of final
determination and shall be made available at cost to any person requesting
such a copy.
C. Effective Date. The determination of the decision-making authority by
Resolution shall be effective fifteen calendar days after the date the
33
decision is made and after all appeals, if any, have been acted on per
Section 9.200.120immediately 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 and or inactive for a minimum six-month period shall have a
written thirty-day warning notification forwarded to the applicant by means
of certified mail or similar method. If no action is taken by the applicant
regarding the application within thirty days thereafter, the application shall
automatically be withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1
(Exh. A), 1996)
9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit
shall begin on the permit’s effective date as set forth in Section 9.200.060.
The period of validity shall run pursuant to subsection C of this section.
B. Establishment. A development review permit shall be deemed established
if the following actions occur within twenty-four months of the effective date
of the approval or within such other time period designated by the
approval:
34
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
changes.
B.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
required for an amendment. Amendments shall be processed in the
35
same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998;
Ord. 284 § 1 (Exh. A), 1996)
9.200.090 Modifications by applicant.
A. Plan Modifications by Applicant. Site development permit and Village use
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 permit. The
following criteria constitute minor changes that shall be deemed eligible for
modification by applicant consideration:
1. Increases in building square footage not to exceed ten percent from the
original approval that have been determined to not result in a significant
architectural, aesthetic, or visual impact to the existing project and
require additional parking;
2. Changes, additions, or adjustments to windows, window locations, or
window treatments;
3. Changes, substitutions, or adjustments to building materials, roofing
materials, screening materials, lighting fixtures, or paving;
4. Changes, additions, or substitutions to existing approved landscaping,
including the removal of turf or water features 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.
6.7. 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 amended Village use
permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996)
36
Amendments to development review permits.
C. 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 changes.
D. 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
required for an amendment. Amendments shall be processed in the
same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998;
Ord. 284 § 1 (Exh. A), 1996)
9.200.110 Public hearings.
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
location of the property affected, and a description of the land use,
development or other action proposed, to:
37
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.
B.A. Designation of Board of Appeals. The planning commission shall
constitute the board of appeals for decisions by the planning director and
the city council shall constitute the board of appeals for decisions by the
Planning Commission.
C.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 board 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.
E.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
38
appealed was rendered. If the fifteenth day is a nonworking day for the
city, the appeal period shall be extended to include the next city working
day. No appeal shall be accepted after the appeal period has expired.
2. Required Documents. Each appeal, except for call-up reviews initiated
by a board of appeals on its own motion, shall be in writing and shall
include all grounds for the appeal and sufficient information so as to
make it clear to the board of appealsPlanning 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 board 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 board of appeals 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 board of appeals 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 Councilboard of appeals may modify permitted
land uses, place additional or different conditions of approval on the
project, direct that revisions be made to project plans, or require
other project modifications.
b. Continue the appeal for further consideration.
c. Refer the application back to the original decision-making authority
with directions.
39
1. Majority Vote. Action by the Planning Commission or City Council board
of appeals to reverse or modify an appealed decision shall require a
majority vote of appeal board members present. If there is a tie vote,
the original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996)
9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked
by the decision-making authority or the city council pursuant to the
provisions of this section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted
or extended have been violated.
3. A change in conditions occurring after the original grant of the approval
or the continuation of the use as approved is contrary to public health,
safety or general welfare, or is detrimental or incompatible with other
permitted uses in the vicinity.
4. The findings which were the basis for the original permit approval can
no longer be made.
5. Other grounds as set forth elsewhere in this code such as, but not
limited to, those for sexually oriented businesses.
B. Procedure. Prior to any action on revocation, the decision-making authority
shall hold a public hearing noticed and held in accordance with Section
9.200.110, except that the permittee shall be given not less than fifteen
days’ notice. The notice shall state the causes for which the revocation is
to be considered.
C. Action of Decision-Making Authority. Following the hearing, the decision-
making authority may revoke the permit or revoke the permit subject to
reinstatement upon compliance with the conditions of the original permit.
D. Amortization. If a revocation of any permit is ordered, the decision-making
authority may at the same time provide for a reasonable period of time to
amortize any lawful existing uses on the site. Extensions of this time period
may be granted for good cause shown on later application to the decision-
making authority by any affected person.
E. Appeal. Any action by the decision-making authority pursuant to this
section may be appealed as set forth in Section 9.200.120.
F. New Decision-Making Authority. If the decision-making authority which
granted a permit is no longer in existence or no longer issues such permits,
the authority which would issue such permit at the time revocation is to be
considered shall be the decision-making authority as that term is used in
this section. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.210 DEVELOPMENT REVIEW PERMITS
40
9.210.010 AuthoritySite Development Permits.
A. Terminology. For purposes of this code, site, architectural, lighting and
preliminary landscape plans, related development plans, and sign
programs are included within the term site development permit.
B. Purpose. The purpose of a site development permit is to ensure that the
development and design standards of this zoning code, including, but not
limited to, permitted uses, development standards and supplemental
regulations are satisfied. The site development permit process provides a
means of achieving this purpose through city review of detailed plans for
proposed development projects. Therefore, all development authorized
under a site development permit and any land uses associated with the
development shall be in compliance with the plans, specifications and
conditions of approval shown on and/or attached to the approved permit.
C. Applicability. A site development permit is required for all projects which
involve building construction except the following:
1. Individual single-family houses and alterations to single-family houses
or associated accessory structures, unless a site development permit is
otherwise required by an applicable provision of this code or permit
condition of approval.
2. Temporary uses (requires temporary use permit per Section
9.210.050).
D. Decision-Making Authority. Site development permits shall be processed
as follows:
1. All permits shall be processed by the planning commission per this
section.The Director shall be the Decision Making Authority for the
following projects:
a. New office or commercial buildings no more than 10,000 square feet
that are not part of an approved master commercial development or
Specific Plan.
b. New building construction or remodeling (single and multiple family
residential, office, commercial and/or institutional) and landscape
plans within an approved Specific Plan.
c. New buildings on vacant pads within an approved commercial
development.
d. New single family models and landscaping plans in an approved
tentative tract map.
1.e.
2. The Planning Commission shall be the Decision Making Authority for
the following projects:
a. New office or commercial buildings of more than 10,000 square feet
that are not part of an approved master commercial development or
Specific Plan.
b. New multi-family buildings and landscaping no part of an approved
Specific Plan.
c. New Mixed Use buildings and landscaping plans.
41
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.
E. Precise Development Plan. Upon approval, a site development permit
constitutes a precise development plan. 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.
F. Required Findings. The following findings shall be made by the decision-
making authority prior to the approval of any site development permit:
1.2. Consistency with General Plan. The project is consistent with the
general plan.
2.3. Consistency with Zoning Code. The project is consistent with the
provisions of this zoning code.
3.4. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4.5. 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.
5.6. Site Design. The site design of the project, including, but not
limited to, project entries, interior circulation, pedestrian and bicycle
access, pedestrian amenities, screening of equipment and trash
enclosures, exterior lighting, and other site design elements are
compatible with surrounding development and with the quality of design
prevalent in the city.
6.7. Landscape Design. Project landscaping, including, but not
limited to, the location, type, size, color, texture and coverage of plant
materials, has been designed so as to provide visual relief, complement
buildings, visually emphasize prominent design elements and vistas,
42
screen undesirable views, provide a harmonious transition between
adjacent land uses and between development and open space, and
provide an overall unifying influence to enhance the visual continuity of
the project.
7. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to
approve a planned sign program the decision-making authority must
find that:
a. The sign program is consistent with the purpose and intent of
Chapter 9.160 (Signs);
b. The sign program is in harmony with and visually related to:
i. All signs within the planned sign program, via the incorporation
of several common design elements such as materials, letter
style, colors, illumination, sign type or sign shape,
ii. The Buildings They Identify. This may be accomplished by
utilizing materials, colors, or design motif included in the
building being identified,
iii. Surrounding Development. Implementation of the planned sign
program will not adversely affect surrounding land uses or
obscure adjacent conforming signs.
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 one year from its effective
date as defined in Section 9.200.060. Time extensions may be
grantedshall be pursuant to Section 9.200.080.E
I. Amendments. Amendments to site development permits shall be
processed pursuant to Section 9.200.100.
J. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the site development permit.
(Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Conditional use permits and minor 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 section, the term “use permit” includes both conditional
use and minor use permits.
B. Definitions. See Chapter 9.280.
C. Applicability. A conditional use permit or a minor use permit is required for
all land uses identified in this code as requiring such permits.
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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. Minor use permits shall be processed
administratively by the planning 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 either a conditional use permit or a
minor use permit:
1. Consistency with General Plan. The land use is consistent with the
general plan.
2. Consistency with Zoning Code. The use is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the
vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant
to Section 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080.The decision-making authority may impose a time limitation on
establishment of the use, as defined in Section 9.200.080, and/or may
establish an expiration date on the use permit itself. Time extensions may
be granted pursuant to Section 9.200.080.
I. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200.100080.
J. The use permit may be modified or revoked by the city council, or planning
commission, should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public
health, welfare, or materially injurious to property, or improvements in the
vicinity, or if the property is operated or maintained, so as to constitute a
public nuisance. (Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord.
284 § 1 (Exh. A), 1996)
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9.210 020 Minor use permits
A. Purpose. The purpose of a minor use permit or minor use permit is to
provide for individual approval or denial of land uses requiring such permits
under this code.
B. Definitions. See Chapter 9.280.
C. Applicability. A minor use permit is required for all land uses identified in
this code as requiring such permits.
D. Decision-Making Authority. Minor use permits shall be processed
administratively by the Community Development Director pursuant to
Section 9.200.020.
E. Compliance with Permit. The establishment and operation of any land use
authorized under a use permit and any development associated with the
permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the
permit at all times.
F. Required Findings. The following findings shall be made by the decision-
making authority prior to the approval of a minor use permit:
5. Consistency with General Plan. The land use is consistent with the
general plan.
6. Consistency with Zoning Code. The use is consistent with the
provisions of this zoning code.
7. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
8. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
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.
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 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)
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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.
E. Precise Development Plan. Upon approval, a variance permit constitutes a
precise development plan. 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.
F.E. Required Findings. The following findings shall be made by the
decision-making authority prior to the approval of a variance permit:
1. Consistency with General Plan. The variance is consistent with the
general plan.
2. Consistency with Zoning Code. The variance is consistent with the
provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the 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.
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7. No Special Privileges. The variance’s permit's required conditions of
approval assure that the adjustment authorized will not constitute a
grant of special privileges which are inconsistent with the limitations
placed upon other properties in the vicinity subject to the same zoning
regulations.
8. No Land Use Variance. The approval does not authorize a land use or
activity which is not permitted in the applicable zoning district.
L. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit shall be pursuant to Section
9.200.080.
G. The decision-making authority may impose a time limitation on
establishment of the variance permit, as defined in Section 9.200.080.
Time extensions may be granted pursuant to Section 9.200.080.
H.F. Amendments. Amendments to variance permits shall be processed
pursuant to Section 9.200.100080
I.G. Staff Certification of Construction Documents. If development is
provided for under the variance permit, prior to issuance of a building
permit the director shall certify that final construction documents conform to
preliminary plans (schematic elevations, preliminary site and landscape
plans, etc.) approved as part of the variance. (Ord. 284 § 1 (Exh. A), 1996)
9.210.040 Minor adjustments.
A. Purpose. The purpose of a minor adjustment permit is to provide for minor
deviations from certain specific development standards set forth in this
code.
B. Definition. See Chapter 9.280.
C. Applicability. A minor adjustment permit may be approved only for
deviations of up to ten percent of a numerical development standard (for
example, a reduction of one foot from a ten-foot setback requirement) ; for
an approved or proposed map; approved or proposed development permit
review; single family home building permitor for deviations specifically
identified in this code. Other deviations shall require consideration of a
variance pursuant to Section 9.210.030. Only one setbackUp to three
adjustments 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.
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F. Precise Development Plan. Upon approval, a minor adjustment permit
constitutes a precise development plan. Therefore, 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.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed
pursuant to Section 9.200.120.
I. Expiration and Time Extensions. The decision-making authority may
impose a time limitation on establishment of the minor adjustment permit
as defined in Section 9.200.080. Time extensions may be granted pursuant
to Section 9.200.080.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.
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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. Precise Development Plan. Upon approval, a temporary use permit
constitutes a precise development plan. Therefore, 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)
9.210.060 Home occupation permits. [n5]
A. Purpose. The purpose of a home occupation permit is to regulate certain
incidental and accessory home enterprises in residential neighborhoods
under conditions that will ensure their compatibility with the neighborhood.
Regulations for home occupations are set forth in Section 9.60.110.
B. Applicability. A home occupation permit is required for home occupations
conducted within a residence which are accessory to the main residential
use of the dwelling and which are permitted pursuant to Section 9.60.110.
C. Decision-Making Authority. Home occupation permits shall be reviewed
administratively by the director of building and safety pursuant to Section
9.60.110.
D. Conditions of Approval. If a home occupation is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. Compliance with Permit. Any use or activity authorized under a home
occupation permit shall be in compliance with the specifications and
conditions of approval shown on and/or attached to the approved permit.
Failure to comply with such specifications and conditions of approval may
result in revocation of the permit.
F. Required Findings. Findings required for approval of a home occupation
permit shall be deemed to have been made if the director of building and
safety determines that the standards set forth in Section 9.60.110 for home
occupations have been or will be satisfied. These standards consist of the
following:
1.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
49
than twenty-five percent of the combined floor area of the house and
garage.
4.J. A home occupation shall not be conducted within a detached accessory
structure, although materials may be stored in such a structure.
5.K. There shall be no signs, outdoor storage, parked vehicles or other
exterior evidence of the conduct of the home occupation. Neither the
dwelling nor the lot shall be altered in appearance so that it appears other
than a residence, either by color, materials, construction, lighting, sounds,
vibrations or other characteristics.
6.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
greater vehicular or pedestrian traffic than normal for the district in which it
is located.
9.O. Medical, dental or similar occupations in which patients are seen in the
home are prohibited.
10.P. All conditions attached to the home occupation permit shall be fully
complied with at all times. (Ord. 284 § 1 (Exh. A), 1996)
9.210.070 Sign permits.
Signs shall be regulated and sign permits shall be processed in accordance with
Section 9.160.090. (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 reviewlegislative 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);
50
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The planning director.
D. Review Procedures.
1. Zone changes shall be approved, approved with modifications or
denied by ordinance of the city council after receipt of testimony at a
public hearing held pursuant to Section 9.200.110.
2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation to the
council.
3. If the council contemplates a modification to the application not
previously considered by the planning commission, the proposed
modification may be referred to the planning commission for report back
to council. A public hearing shall not be required for such planning
commission review.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any zone map change:
1. Consistency with General Plan. The zone map change is consistent
with the goals, objectives and policies of the general plan.
2. Public Welfare. Approval of the zone map change will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. Land Use Compatibility. The new zoning is compatible with the zoning
on adjacent properties.
4. Property Suitability. The new zoning is suitable and appropriate for the
subject property.
5. Change in Circumstances. Approval of the zone map change is
warranted because the situation and the general conditions of the
property have substantially changed since the existing zoning was
imposed. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
9.220.020 Zoning code text amendments.
A. Purpose. A zoning code 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;
3.4. 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.
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E. Required Findings. The following findings shall be made by the city council
prior to approval of any code 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 discretionary legislative action by
the city council to change the text of the general plan or any map or
diagram of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65350 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The planning director.
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.
I.F. Review Procedures.
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.
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2. 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)
9.230.020 Review procedures and findings.
A. Review Procedures.
1. General plan amendments shall be approved, approved with
modifications or denied by resolution of the city council after receipt of
testimony at a public hearing held pursuant to Section 9.200.110.
Approval or approval with modifications shall require an affirmative vote
of a majority of the total membership of the council.
2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation with
findings to the council.
3. If the council contemplates a modification to the application not
previously considered by the planning commission, the proposed
modification may be referred to the commission for report back to the
council. A public hearing shall not be required for such commission
review.
B.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
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9.240.010 Specific plan review.
A. Purpose. A specific plan is a detailed plan covering a selected area of the
city for the purpose of implementation of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65450 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A specific plan or specific plan amendment application
may be initiated by:
1. The city council
2. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
3. The planning commission by a majority vote; or
4. The planning director.
D. Review Procedures. Specific plans shall be prepared, adopted and
amended in the same manner as the general plan, except that a specific
plan may be adopted either by resolution or ordinance.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any specific plan or specific plan amendment:
1. Consistency with General Plan. The plan or amendment is consistent
with the goals, objectives, and policies of the general plan.
2. Public Welfare. Approval of the Specific Pplan or amendment will not
create conditions materially detrimental to the public health, safety and
general welfare.
3. Land Use Compatibility. The specific plan is compatible with zoning on
adjacent properties.
F. Property Suitability. The specific plan is suitable and appropriate for the
subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A),
1996)
Chapter 9.250 OTHER ACTIONS
9.250.010 Subdivisions.
Tract maps, parcel maps and related subdivision applications shall be processed in
accordance with the city’s subdivision code. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.260250.020 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 of
potential impacts include but are not limited to: climate and air quality,
soils, geology and seismicity, hydrology, biotic resources, archeology,
paleontology and cultural resources, land use and zoning, traffic, noise,
54
aesthetics, light and glare, health and safety, public services and utilities,
and threatened or endangered species. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.250.030 Development agreements.
A. Purpose. A development agreement is a discretionary legislative action by
the city council to provide certainty in the review and approval of
development projects in order to make maximum efficient utilization of
resources at the least economic cost to the public, strengthen the public
planning process, encourage private participation in comprehensive
planning, reduce the economic costs of development, and provide for
public facilities and infrastructure. Development agreements shall be
prepared, reviewed, adopted, and maintained in accordance with the
provisions of this section.
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65864 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Review Procedures.
1. Application Forms. The director shall prescribe the form of each
application, notice and document provided for or required under this
chapter for the preparation, processing and implementation of
development agreements. The application shall include as separate
documents by reference, the following information:
a. Duration of the agreement;
b. The permitted uses of the property;
c. The density or intensity of use of the property;
d. The maximum height and size of proposed buildings;
e. Provisions for reservation of dedication of land for public purposes;
f. Fiscal impact statement to include revenue generated to the city and
benefits received by the developer;
g. Phasing and project completion date;
h. Consistency with the general plan and any applicable specific plan.
In addition to the above, the director may require an applicant for a
development agreement to submit such other information and
supporting data as the director deems necessary to process the
application.
2. Fees. The city council shall establish and from time to time amend by
resolution a schedule of fees imposed for the filing and processing of
each application and documentation required by this chapter. The fee
may be waived in whole or in part by the city council for affordable
housing that is in conformance with the general plan.
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
55
property for which a development agreement is sought or the
authorized representative of such person.
4. Proposed Form of Agreement. Each application shall be accompanied
by draft development agreement in form which is mutually agreed upon
by the applicant and the city at a pre-proposal meeting. This
requirement may be met by using the city's standard development
agreement form and including specific proposals for changes in or
additions to the language of the standard form.
5. Review and Filing of Application. The director shall endorse on the
application the date it is received. The director shall review the
application and determine if additional requirements are necessary to
complete the agreement. The application may be rejected if it is not
completed in the manner required by these rules. After receiving the
required information, the director shall prepare a staff report. The staff
report shall analyze the proposed development agreement and shall
contain a recommendation as to whether or not the development
agreement proposed or in an amended form would be consistent with
the general plan or any applicable specific plan. Before processing the
application the director shall obtain the opinion of the city attorney as to
sufficiency of the applicant's interest in the real property to enter into
agreement.
6. Notice of Intention. Upon completion of the staff report required by
subsection C5 of this section, in addition to any other notice required by
law, the director shall give notice of intention to consider adoption of a
development agreement. The notice shall contain:
a. The time and place of the public hearing;
b. A general explanation of the development agreement, including a
general description of the property proposed to be developed;
c. Other information that the director considers necessary or desirable.
7. Manner of Giving Notice. All notices required by these rules shall be
processed in the manner provided in Section 9.200.110 of this code.
8. Hearing and Recommendation of Planning Commission. The planning
commission shall hold a public hearing on the proposed development
agreement at the time and place specified in the notice of intention. The
planning commission shall make its recommendation to the city council
in writing within thirty days of the date set for the public hearing. The
recommendation shall include whether or not the proposed
development agreement:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the general plan and any applicable specific
plan;
b. Is compatible with the uses authorized in and the regulations
prescribed for the land use district in which the real property is
located;
c. Is in conformity with the public necessity, public convenience,
general welfare and good land use practices;
56
d. Will be detrimental to the health, safety and general welfare;
e. Will adversely affect the orderly development of property or the
preservation of property values;
f. Will have a positive fiscal impact on the city.
9. Hearing by City Council. After the recommendation of the planning
commission or after the expiration of the time period specified in
subsection C8 of this section, the director shall give notice of a public
hearing before the city council in the manner provided for in
subsections C6 and 7 of this section.
10. Decision by City Council.
a. After it completes the public hearing and considers the
recommendation, if any, of the planning commission, the city council
may accept, modify or disapprove the proposed development
agreement. It may, but need not, refer the matters not previously
considered by the planning commission during its hearing back to
the planning commission for report and recommendation. The
planning commission shall not be required to hold a public hearing
on matters referred back to it by the city council.
b. The development agreement may not be approved unless the city
council finds that the development agreement is consistent with the
general plan and any applicable specific plan.
11. Approval of Development Agreement. The development agreement
shall be approved by the adoption of an ordinance. Upon the adoption
of the ordinance, the city shall enter into the development agreement by
the execution thereof by the city manager.
12. Amendment and Cancellation.
a. Either the city or the applicant or successor in interest thereto may
propose an amendment or cancellation in whole or in part of the
development agreement.
b. The procedure for proposing and approving an amendment to or
cancellation in whole or in part of the development agreement shall
be the same as the procedure for entering into a development
agreement.
c. Notwithstanding the foregoing, a proposed amendment to a
development agreement to delete certain real property from the
terms and conditions of the agreement and sell such property to a
public entity considered by the planning commission without a
noticed public hearing so long as the planning commission holds a
properly noticed public hearing in connection with a proposed
general plan amendment and/or zone change for such property.
Upon consideration of the proposed amendment and written
recommendation to the city council by the planning commission, the
city council shall hold a properly noticed public hearing and consider
the amendment in accordance with the same procedure for entering
into a development agreement.
57
d. Except as expressly set forth herein, each and every provision of
this section concerning the procedures for processing and approval
of development agreements remains in full force and effect.
e. Except as provided for in subsection C14c of this section, the
development agreement may only be amended or canceled in whole
or in part by the mutual consent of all parties to the development
agreement.
13. Recordation.
a. No later than ten days after the city enters into the development
agreement, the city clerk shall record with the county recorder a
copy of the development agreement.
b. If the parties to the agreement or their successors in interest amend
or cancel the agreement, or if the city terminates or modifies the
agreement for failure of the applicant to comply in good faith with the
terms or conditions of the agreement, the city clerk shall cause
notice of such action to be recorded with the county recorder.
14. Periodic Review.
a. The city council shall review the development agreement at least
every twelve months from the date the development agreement is
entered into until expiration of the term of the agreement.
b. The director shall give the applicant or successor in interest thereto
at least thirty days' advance notice of the time at which the city
council will review the development agreement.
c. The city council may refer the matter to the planning commission for
further proceedings or for a report and recommendation.
d. The applicant or successor in interest thereto shall demonstrate
good faith compliance with the terms of the development
agreement.
e. If, as a result of such periodic review, the city council finds and
determines, on the basis of substantial evidence, that the applicant
or successor in interest thereto has not complied in good faith with
the terms or conditions of the development agreement, the city
council may commence proceedings to enforce, modify or terminate
the development agreement.
15. Modification or Termination.
a. If, upon a finding under subsection C14e of this section, the city
council determines to proceed with modification or termination of the
development agreement, the city council shall give notice to the
applicant or successor in interest thereto of its intention to do so.
The notice shall contain the time and place of the hearing.
b. At the time set for the hearing on the modification or termination, the
city council may refer the matter back to the planning commission
for further proceedings or for report and recommendation. The
decision of the city council shall be final. (Ord. 284 § 1 (Exh. A)
(part), 1996)
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Chapter 9.60.?? Planned Unit Development Standards
K. Purpose. The purpose of the Planned Unit Development is to allow
flexibility in the design of residential projects, and encourage the
development of creative, high-quality residential projects that provide
attractive living environments in a setting that is different from standard
single family home development.
L. Permit Required. Planned Unit Developments (PUD) shall require approval
of a Conditional Use Permit.
M. Design Guidelines Required. All PUDs shall be required to submit design
guidelines that include:
1. A site plan that shows building and unit footprints, common and private
open space areas, parking areas, roadways/driveways/alleys, and
access points.
2. Architectural plans that include elevations, floor plans, roof plans,
lighting and landscaping plans. The graphic plans must be
accompanied by text that describes minimum development standards,
building materials, landscape palette and lighting details.
3. For projects proposing two or more story structures, a massing plan that
depicts the relationship of the structures within the project to each other,
and to development adjacent to the project. The massing plan shall be
accompanied by text that describes how the project is compatible with
surrounding development.
4. A common area plan that describes in text the area(s) to be devoted to
common area, and the amenities to be provided, as well as a
calculation of the percentage of common area provided in relation to the
residential units.
5. A circulation plan that provides graphics and text describing the
roadway/driveway/alleyway cross-section dimensions, parking areas,
and entryway treatments.
N. Development Standards. All PUDs shall be subject to the following
development standards.
1. Density. The maximum density allowed in a PUD shall not exceed the
General Plan and Zoning designation on the property.
2. In order to encourage creative design, development standards in PUDs
can be proposed by the applicant. The applicant must demonstrate in
the project’s Design Guidelines that reduced setbacks are offset with
project amenities.
3. Common Areas. A PUD must provide 30% of the net project area (not
including City street dedications, interior streets or parking areas), as
common area. Common area cannot include parking lot landscape
59
areas, landscaped areas of less than 5 feet in width, or any open space
area provided for the exclusive use a residential unit. Common areas
can include passive and active areas, and must provide amenities for
the community as a whole. Amenities can include:
• Passive park, at least ½ acre in size, and not including retention
basins
• Swimming pool, with or without spa
• Clubhouse/recreation room
• Tot lot with play equipment
• Picnic tables and barbeque areas
• Tennis court
• Basketball court
• Volleyball court
• Bocce ball or horseshoe pitch
• Softball, baseball or soccer field
• Putting green, driving range or similar golf-oriented area
• Par course
• Off-street continuous trail or paseo (allowing a loop through the
project)
• Community garden
• Daycare center or similar children’s activity building
• Other facilities as determined appropriate by the Director
A minimum number of amenities shall be provided based on the
number of units within a project, as shown below.
0-25 units 2 amenities
26-50 units 3 amenities
51-100 units 4 amenities
101 or more units 5 amenities
4. Parking: Parking shall be provided consistent with Chapter 9.150. As
provided in that Chapter, variations from parking requirements can be
proposed in a PUD, with appropriate substantiation.
5. Signage. Signage shall be provided consistent with Chapter 9.160.
O. Required Findings. The following findings shall be made by the decision-
making authority prior to the approval of any Planned Unit Development:
8. Consistency with General Plan. The project is consistent with the
general plan.
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9. Consistency with Zoning Code. The project is consistent with the
provisions of this zoning code.
10. Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
11. Architectural Design. The architectural design of the project, including,
but not limited to, the architectural style, scale, building mass, materials,
colors, architectural details, roof style and other architectural elements
are compatible with surrounding development and with the quality of
design prevalent in the city.
12. Site Design. The site design of the project, including, but not limited to,
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.
13. Landscape Design. Project landscaping, including, but not limited to,
the location, type, size, color, texture and coverage of plant materials,
has been designed so as to provide visual relief, complement buildings,
visually emphasize prominent design elements and vistas, screen
undesirable views, provide a harmonious transition between adjacent
land uses and between development and open space, and provide an
overall unifying influence to enhance the visual continuity of the project.
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Title 8 Buildings and Construction Ad Hoc Edits
8.13.030 Provisions for new or rehabilitated landscapes.[WN1]
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. Resident homeowner-provided and/or homeowner-hired landscaping at
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;
d.e. Ecological restoration projects that do not require a permanent
irrigation system;
e.f. Mined-land reclamation projects that do not require a permanent irrigation
system;
f.g. Plant collections, as part of botanical gardens and arboretums open to
the public.
B. Final Landscaping Plan Application Submittal PackageRequirements.
1. Each final landscaping plan submittal shall include the following elements:
a. Water conservation concept statement;
b. Calculation of the maximum applied water allowance;
c. Calculation of the estimated applied water use;
d. Calculation of the estimated total water use;
e. Landscape design plan;
f. Irrigation design plan;
g. Grading design plan; and
h. Soil analysis.
2. Five copies of theThe final landscaping plan submittal conforming to this
chapterapplication shall be submitted to the city in accordance with the
requirements and information as stipulated on the City application form. No
permitCity approval shall be issued until the city and the local water purveyor
reviews and approveshave reviewed and accepted the landscape
documentation package. Prior to preparation and submission of the final
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Title 8 Buildings and Construction Ad Hoc Edits
landscaping plan submittal, with the exception of rehabilitated or home-
owner provided landscaping, the preliminary landscape design shall beIf
applicable, the final landscape plan submittal shall substantially conform to
the project’s preliminary landscape plan as approved by the planning
commission.for the project.[WN2]
3. A copy of the approved final landscaping plan submittal shall be provided to
the property owner or site manager along with the record drawings and any
other information normally forwarded to the property owner or site manager.
C[WN3]. 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.
E. Measurements. Measurements referred to in this chapter are shown as both English
units (foot/pound/second) and metric units (metric units are in parenthesis following the
English units). Measurements used in a grading project may be either English units or
metric units. However, whatever type of unit is used (English or metric) in a grading
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Title 8 Buildings and Construction Ad Hoc Edits
project; the type of unit selected must be used exclusively throughout that project in
complying with the requirements of this chapter. (Ord. 406 § 1, 2004)
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.
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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 issuance of a grading certificate signed by the city engineer designated to issue
said certificate.by inspection and acceptance of the work by the City Engineer or
Designee. In the event of failure to complete the work and failure to comply with all
of the conditions and terms of the permit, the city engineer may order the work to be
completed as required by the permit and to the satisfaction of the city engineer’s
office. The surety executing such bond or such deposit, shall continue to be firmly
bound under a continuing obligation for the payment of all necessary costs and
expenses that may be incurred or expended by the city in causing any and all of
such required work to be accomplished and that said surety or the depositor assents
to any lawful extensions of time within which to construct and complete such work.
In the case of a cash deposit or deposit agreement, any unused portion shall be
refunded to the permittee.
2. After the work has been completed to the satisfaction of the city engineer, the
city engineer may release or exonerate the bond, deposit agreement, or cash
deposit earlier than the additional one-year period if the city engineer determines
that the public health and welfare is not jeopardized. In no case shall the security be
released earlier than four months after the grading work has been completed to the
satisfaction of the city engineer.
F. Amount of Security. The amount of the security shall be based upon the
estimated cost plus twenty percent, as determined by the number of cubic yards of
material in either excavation or fill, whichever is the greater amount, and shall
include the cost of all retaining walls, drainage structures, erosion control, and other
protective devices as may lawfully be required. (Ord. 406 § 1, 2004) determined by
the method outlined in Engineering Bulletin #04-09, which is available via the City
website at www.la-quinta.org.
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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:
Type of Action Review Authority Approval Authority
Tentative maps City staff
Other responsible agencies
Planning commission
City council
Vesting tentative maps City staff
Other responsible agencies
Planning commission
City council
Tentative parcel maps City staff
Other responsible agencies
Planning director
Tentative map extensions City staff
Other responsible agencies
Planning commission1
City council
Planning director2
Final and parcel maps City staff
Other responsible agencies
Planning commission
City council
Waivers of parcel maps City staff
Other responsible agencies
Planning director
Reversions to acreage City staff
Other responsible agencies
Planning commission
City council
Lot line adjustments City staff Planning director
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TITLE 13 SUBDIVISIONS AD HOC EDITS
Other responsible agencies
Lot and parcel mergers City staff
Other responsible agencies
Planning director
Amending final maps City staff
Other responsible agencies
Planning director
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)
Type of Application
Decision-Making Authority
Staff Planning
Commission
City
Council
Vesting Tentative maps R(PH) PH
Tentative maps PH
Revised Tentative maps PH
Tentative Parcel maps A[WN1]*
Tentative map extensions A 1
Final and Parcel maps CC
Waiver of Parcel map PH
Reversion to Acreage PH
Lot Line Adjustments A
Parcel Mergers A
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TITLE 13 SUBDIVISIONS AD HOC EDITS
Amending Final maps PH
Substantial Conformance - Tentative maps A**
Environmental review Per city environmental review
procedures
* By Community Development Director. Map can be referred to Planning Commission at
Director’s discretion.[WN2]
** By Public Works Director
1 Community Development Director may only consider extensions if there are no
proposed changes to the tentative map.
1Planning commission shall review tentative tract map when city council is the approval
authority.
2Planning director may only consider extensions if there are no changes to the tentative
tract map.
(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.
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TITLE 13 SUBDIVISIONS AD HOC EDITS
“Specific plan” means a plan adopted by the city councilCity Council that is based upon
the city 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 sixty-
four to seventy-four foot right-of-way with a variable width as specified in Exhibit II-3 of
the 2035[WN3] 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 Exhibit II-
2 of the 2035[WN4] General Plan circulation element.Westward Ho Drive is an example of
a collector street within the city of La Quinta.
Street Improvements, Full-Width. “Full-width street improvements” means pavement,
curbs, gutters, sidewalks, medians, traffic-control devices, pavement markings, and
other improvements required by Chapter 13.24, the La Quinta general plan2035
General Plan circulation element and the city engineer.
Street, Local. “Local street” means a two-lane street within a sixty foot right-of-way with
a variable width of thirty-six to forty feet between curb faces. All remaining other
roadways which do not fit within the arterial or collector classifications are local streets.
The local street system is designed for access to abutting properties and the movement
of traffic is of secondary importance.
Street, Major Arterial. “Major arterial street” means a six-lane street improvement within
a one hundred twenty foot right-of-way width as specified in Exhibit II-3 of the 2035
[WN5]General Plan circulation element,ninety-six feet in width between curb faces, with
an eighteen foot wideand includes a raised center median to separate opposing traffic
flows and restrict access to adjacent properties. Major arterial streets are designed to
provide a high level of mobility for very large traffic volumes and generally serve trips of
several miles or more, including pass-through traffic. Major arterial streets link major
activity centers within the community and provide direct connections to the regional
roadway system. Washington Street, Jefferson Street and Fred Waring Drive are
examplesDesignation of major arterial streets in the city City of La Quinta are set forth in
Exhibit II-2 of the 2035 [WN6]General Plan circulation element. Highway 111 is also
classified as a major arterial, but has a one hundred seventy-two foot widevariable right-
of-way and varying improvement widths as established by the California Department of
Transportationset forth in the 2035 [WN7]General Plan circulation element.
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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 foot right-of-way width as specified in Exhibit
II-3 of the 2035 [WN8]General Plan circulation element, seventy-six to eighty-six feet in
width between curb faces, having and includes a raised center median twelve to
eighteen feet in 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
Exhibit II-2 of the 2035 [WN9]General Plan circulation element. Miles Avenue, Avenue 50
and Eisenhower Drive are examples of primary arterial streets in the city 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 foot a right-of-way width as specified in Exhibit II-3
of the 2035 [WN10]General Plan circulation element.sixty-four feet wide between 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 Exhibit
II-2 of the 2035 [WN11]General Plan circulation element. Adams Street, Dune Palms and
Avenida Bermudas south of Avenue 52 are examples of secondary arterial streets in the
city 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.
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TITLE 13 SUBDIVISIONS AD HOC EDITS
“Tentative map” and “tentative parcel map” mean a map designed to illustrate the
concept of a proposed subdivision and how it interfaces with existing conditions and
surrounding uses. Tentative maps need not be based upon an accurate or detailed field
survey of the property.
Chapter 13.08 LA QUINTA SUBDIVISION PROCESS[WN12]
13.08.010 Diagram.
The La Quinta subdivision process shall be as follows:
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TITLE 13 SUBDIVISIONS AD HOC EDITS
(Ord. 272 § 1, 1995)
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.
B.
B. A public notification package must be submitted to the Community Development
Department and shall include a scaled map or Assessor’s Map showing all
properties within a minimum 500-foot radius of subject property, a typed list of all
property owners and their mailing address within a 500-foot radius, and all
residents/tenants of said properties, and a typed list of the residents that reside
contiguous to the subject property. The package shall include 3 sets of typed,
self-adhesive, address labels for the above property owners and residents, as
well as application contact persons. The list and map must be prepared with a
wet signed or notarized certification by a title company, the Riverside County
Assessor, or a licensed architect, engineer, or surveyor.
A five-hundred-foot radius map exhibit, drawn to scale, which displays those
properties within five hundred feet of the subdivision boundaries and which
identifies the names of the affected property owners, as listed in the latest
updated county equalized tax rolls;
Three sets of self-adhesive mailing labels and one photocopy of the names and
addresses of those property owners within five hundred feet of the subdivision
boundary;
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-five he requisite number of copies of the tentative map (as stated in the
application requirements form), folded accordion styleappropriately 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;
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TITLE 13 SUBDIVISIONS AD HOC EDITS
E. A preliminary title report prepared and dated no more than ninety days prior to
submission of the application;
F. A drainage report describing the on- and off-site drainage characteristics, the
amount of stormwater falling within the development and the proposed method
of retaining that stormwater, and the amount and nature of historic inflow from
other properties and the proposed method of retaining or passing through the
inflow;
G. The following additional documentation and special studies may be required:
1. 1. Historical, paleontological and/or archaeological study
1. ,
2. 2. Biological study
1. ,
3. Geologic and/or soils study,
3. 4. Traffic study
4. Geologic and/or soils study,
1.5. Water Quality Management Plan (WQMP).
This list is not all inclusive, and any other special studies required will be
determined by city staff on a case-by-case basis. (Ord. 295 § 1, 1997; Ord. 272 §
1, 1995)
13.12.100 Public notice procedure.
A. Public Notice. Public hearings shall be held on all tentative maps as set forth in
Table 13-1. [WN13]Notice of such hearings shall be published at least one time not
less than ten days before the date of the public hearing (twenty days if the
tentative 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.
13.12.120 Special studies.
As part of any tentative map submittal, a qualified archaeologist shall evaluate, report
and identify appropriate mitigation measures on the project-related impacts to cultural,
historical, paleontological and/or archaeological resources. A wildlife biologist and/or
horticulturist may be required to evaluate any project-related impacts to habitat areas of
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threatened or endangered plant and wildlife species. (Ord. 295 § 1, 1997; Ord. 272 § 1,
1995)
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 advisory
agencyCommunity Development Director or the planning Planning commission
Commission by using the following procedures:
A. Appeal of the Advisory AgencyApproval Authority Decision. Within ten fifteen
calendar days after the date of the any decision by the advisory
agencyCommunity Development Director, a written appeal, accompanied by the
appropriate filing fee, may be submitted to the planning departmentCommunity
Development Department. The “date of decision” shall be either the time a
formal noticed hearing is held or the date noted on correspondence mailed to the
subdivider indicating the staff decision. The appeal shall state the item to be
appealed and the reason for the request. The planning directorCommunity
Development Director shall set the matter for hearing before the planning
commission 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. Within ten fifteen calendar days
after the date of the decision by the Planning CommissionPlanning Commission,
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a written appeal, accompanied by the appropriate filing fee, may be submitted to
the planning departmentCommunity Development Department. The city clerk
shall set the matter for hearing before the city City councilCouncil. 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 city City council Council shall expire twenty-fourthirty-
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 twothree-year term of tentative maps may be extended as follows:
A. Nothing in this chapter shall preclude or otherwise disallow any automatic time
extension which may be granted by the state of California, for any approved
tentative map meeting the criteria for such an extension. Any automatic
extension shall run from the expiration date of the qualifying map, and shall be in
addition to any remaining extensions available under this chapter.
B. Request by the Subdivider. Before the expiration of the tentative map, the
subdivider may apply for a one-year n extension of time. Requests Applications
for extensions of time shall be filed with the planning departmentCommunity
Development DepartmentCommunity Development Department on either an
approved form or by letter. All requests for extensions of time shall include:
1. A completed application form or letter;
2. An identification of the length of time requested and reason(s) for the request;
3. The current processing fee as charged by the city for tentative map time
extensions;
4. Twenty-fiveThe requisite number of copies of the tentative map as required by
the application. The tentative map shall be as approved by the city City
councilCouncil. Additional copies may be requested subsequent to the
application submittal.
Extensions of time may be granted by the planning Community Development director
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 modifications changes to the approved tentative map are
subject to the public notification procedure provided for in Section 13.12.090 and will be
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considered at a public hearing, to be held by the designated approval authority as set
forth in Section 13.04.060. A time extension granted by the Community Development
Director may not exceed two years.
The approval authority may approve agrant a maximum of six one-year time extensions.
The extension may be granted for any period of time, from one year up to the maximum
of six years. maximum of three one-year time extensions and The approval authority
shall impose additional conditions of approval if such conditions are intended to
maintain the public health, safety and welfare and/or to comply with current city, state or
federal requirements.
If, as part of the request for extension of the term of a tentative map, the subdivider
requests changes or amendments to the tentative map or the conditions of approval for
that map, the city approval authority may impose other conditions or amendments to the
tentative map or the conditions of approval including the then-current standards and
requirements for approval of tentative maps.
C. Filing of Final Maps/Off-site Improvements. If a subdivider is required to expend
the amount specified in Section 66453.6 of the Government Code to construct,
improve or finance the construction or improvement of public improvements
outside the property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be subdivided
and which are reasonably related to the development of that property, each filing
of a final map authorized by Section 66456.1 of the Government Code shall
extend the expiration of the approved tentative map by thirty-six months from the
date of its expiration or the date of a previously filed final map, whichever is later.
The extensions shall not extend the term of the tentative map more than ten
years from its approval.
D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors
affecting the term of approved tentative maps, and information for the proper
construction of the provisions of subsections A through C of this section shall be
as specified in Section 66452.6 of the Government Code. (Ord. 394 § 2, 2003;
Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.12.170 Substantial conformance with tentative map
The process and criteria for substantial conformance determinations with an approved
tentative map are at the discretion of the Public Works Director, based on the definition
set forth in Chapter 13.04, Section 13.04.070. Requests for substantial conformance
determinations shall be filed with the Public Works Department, in the format and with
the information as may be required by the Public Works Director in order to adequately
review and decide on the request. As part of the review, the Public Works Director shall
transmit a copy of the request to the Community Development Department for
comment, as to zoning comnformance with the approved tentative map.
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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, including with 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
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
governing body as to street alignments and widths; or
B. The land before division contains less than five acres, each parcel created by the
division abuts upon a maintained public street or highway and no dedications or
improvements are required by the legislative body; or
C. Each parcel created by the division has a gross area of twenty or more acres
and has an approved access to a maintained public street or highway; or
D. Each parcel created by the division has a gross area of not less than forty acres
or is not less than a quarter or a quarter section. (Ord. 272 § 1, 1995)
13.20.130 Appeals.
Appeals of the advisory agency or planning commission decisions concerning final
maps, amending final maps, parcel maps and waivers of parcel maps shall be
processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 §
1, 1995)
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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 following
tableCirculation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II-
3, as may be subsequently amended.[WN14]
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Table 13.24.070
Type of
Facility Right-of-Way Width
Number
of Travel
Lanes
Distance
Between
Curbs
Center
Median
Size
Minimum
Intersection
Spacing
Major
arterial
120′ (S.R. 111 shall be
172′ or as required by
Caltrans)
6 lanes 96′ 18′ 2,600′
Primary
arterial
100′ — 110′ 4 lanes 76′ — 86′ 12′ — 16′ 1,200′
Secondary
arterial
88′ 2 lanes 64′ N/A 600′
Collector 64′ — 74′ 2 lanes 40′ — 50′ N/A 300′
Local street 60′ 2 lanes 36′ — 40′ N/A 250′
Culs-de-sac 50′ 2 lanes 32′ — 36′ N/A N/A
Calles Amigo,
Cadiz &
Barcelona
50′ N/A
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 Development Parking on only one side
of street
36 feet Development Parking on both sides of
the street
40 feet Entry and primary circulation streets
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(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.090 Image corridors and gateway intersections.
The circulation element of the 2035[WN15] La Quinta general General plan Plan
establishes image corridors and gateway intersections which warrant special
improvements. Improvements constructed along image corridors and at gateway
intersections shall comply with the improvement standards identified in the general
2035[WN16] General planPlan. (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
Improvements within areas designated agricultural character retention areas on the
open space policy diagram of the La Quinta general plan shall incorporate elements of
past agricultural uses, such as date palm groves and citrus orchards into those
landscape areas that are within or adjacent to public rights-of-way. (Ord. 295 § 1, 1997;
Ord. 272 § 1, 1995)
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
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TITLE 13 SUBDIVISIONS AD HOC EDITS
architect. Landscape and irrigation plans shall be submitted for review and approval of
the planning directorCommunity Development Director and the CCity EngineerEngineer.
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.150 Special improvements.
Bicycle lanes shall be designed and improved consistent with the bikeway corridor
policy diagram contained within the La Quinta general plan, or if adopted,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 city City engineerEngineer. (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 city 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 6.10 16 of this code.
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
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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
commercialCommercial, community Community commercialCommercial, regional
Regional commercialCommercial, office Office Commercial,or business
parkCommercial Park, Village Commercial or Major Community Facilities in which
case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1,
2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995)
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