2016 02 23 PCN
Planning Commission agendas and
staff reports are now available on the
City's web page: www.la-quinta.orq
PLANNING COMMISSION
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING on TUESDAY, FEBRUARY 23, 2016 at 7:00 P.M.
CALL TO ORDER
1. Roll Call
2. Pledge of Allegiance
PUBLIC COMMENT
At this time members of the public may address the Planning Commission on any
matter not listed on the agenda. Please complete a "Request to Speak" form and limit
your comments to three minutes.
CONFIRMATION OF AGENDA
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "Request to Speak" form must be
filed with the Executive Assistant prior to consideration of that item.
A person may submit written comments to the Planning Commission before a public
hearing or appear in support or opposition to the approval of a project(s). If you
challenge a project(s) in court, you may be limited to raising only those issues you or
someone else raised at the public hearing or in written correspondence delivered to
the City at, or prior to the public hearing.
1. Zoning Ordinance Amendment 2016-0001 submitted by the City of La Quinta
recommending that the City Council amend several chapters of Titles 2, 7, 8,
9, and 13 of the La Quinta Municipal Code, related to streamlining of the
development review process. CEQA: Exempt from environmental review under
PLANNING COMMISSION AGENDA 1 FEBRUARY 23 , 2016
the California Environmental Quality Act, pursuant to Section 15061(b)(3),
Review for Exemptions - General Rule.
BUSINESS SESSION - NONE
COMMISSIONER ITEMS - NONE
DIRECTOR'S ITEMS - NONE
ADJOURNMENT
The next regular meeting of the Planning Commission will be held on March 8, 2016,
commencing at 7:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La
Quinta, CA 92253.
DECLARATION OF POSTING
I, Wanda Wise -Latta, Executive Assistant of the City of La Quinta, do hereby declare
that the foregoing Agenda for the La Quinta Planning Commission meeting was
posted on the inside of the north entry to the La Quinta Civic Center at 78-495 Calle
Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post
Office at 51-321 Avenida Bermudas, on February 19, 2016.
DATED: February 18, 2016
WANDA WISE-LATTA, Executive Assistant
City of La Quinta, California
PUBLIC NOTICES
The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the
hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of
the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the Commission, arrangements
should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is
required.
If background material is to be presented to the Commission during a Planning Commission meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the
Executive Assistant for distribution. It is requested that this take place prior to the beginning of the
meeting.
Any writings or documents provided to a majority of the Commission regarding any item(s) on this
agenda will be made available for public inspection at the Community Development Department's
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
PLANNING COMMISSION AGENDA 2 FEBRUARY 23 , 2016
PH 1
PLANNING COMMISSION
STAFF REPORT
DATE: FEBRUARY 23, 2016
CASE NUMBER: ZONING ORDINANCE AMENDMENT 2016-0001
APPLICANT: CITY OF LA QUINTA
REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY
COUNCIL AMEND SEVERAL CHAPTERS OF TITLES 2, 7, 8, 9,
AND 13 OF THE LA QUINTA MUNICIPAL CODE, RELATED TO
STREAMLINING OF THE DEVELOPMENT REVIEW PROCESS.
LOCATION: CITY-WIDE
ENVIRONMENTAL
DETERMINATION: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA,
PURSUANT TO SECTION 15061(B)(3), REVIEW FOR
EXEMPTIONS - GENERAL RULE
RECOMMENDED ACTION
Adopt a resolution recommending to the City Council approval of Zoning Ordinance
Amendment 2016-0001 approving amendments to Titles 2, 7, 8, 9, and 13 of the La
Quinta Municipal Code and finding of an exemption from environmental review under
the California Environmental Quality Act pursuant to Section 15061(b)(3), Review for
Exemptions - General Rule.
EXECUTIVE SUMMARY
• City Council has requested review of the City's development code (Code) to
identify measures to modernize and improve the development review process.
• A Project Action Team (PAT) and an Ad -hoc Committee (Committee) were
formed to solicit community input for the Development Code Tune Up and
recommend improvements to the development review process.
• Final recommendations include amendments to Titles 2 (Administration
Personnel), 7 (Historic Preservation), 8 (Buildings and Construction), 9 (Zoning),
and 13 (Subdivision Regulations).
Page 1 of 4
BACKGROUND/ANALYSIS
The City Council provided direction to staff on July 21, 2015 to proceed with a
Development Code Tune Up to evaluate the current code and identify ways to
streamline the review of development applications. The code establishes the
development approval procedures, and identifies standards and permitted land uses.
It also identifies the required level of approvals by the Community Development
Director, Planning Commission, and/or City Council.
A PAT was formed to assemble key staff, including representatives from the Building,
Public Works and Planning Divisions, to inventory current permitting procedures and
define key issues and concerns relevant to improving the permitting process. A
Committee consisting of two Councilmembers, two Planning Commissioners, and one
Architectural and Landscaping Review Board Member was established to assist staff in
identifying issues, receiving feedback and providing recommendations.
The objective of the Code review was to allow greater flexibility and reduce the time
and costs associated with the development review process. The review focused on the
following Titles of the La Quinta Municipal Code:
• Title 2 (Administration and Personnel)
• Title 8 (Buildings and Construction)
• Title 9 (Zoning), and
• Title 13 (Subdivision Regulations
The following summarizes the significant changes to each Title:
CHAPTER 2.35 HISTORIC PRESERVATION COMMISSION
The Development Code Tune Up effort included a review of the City's Boards and
Commissions to identify ways to streamline their roles in the development review
process. The PAT and Committee recommend the elimination of the Historic
Preservation Commission, as its role to monitor and protect cultural resources is
largely accomplished by the requirements of the California Environmental Quality Act
and new state tribal consultation laws (AB 52 and SB 18) that did not exist when the
Commission was established. The procedures to protect historic resources in Title 7
(Historic Preservation) will remain in place.
TITLE 8 BUILDINGS AND CONSTRUCTION
• Remove the City's landscape review function from single family home sites
when turf reduction is proposed.
Page 2 of 4
TITLE 9 ZONING
Substantial changes are proposed in the Permitted Uses Table, Review Authority Table,
and the General Permitting of Title 9. The proposed code changes modify the Review
Authority Table and assign more responsibility for project decisions at the
administrative level that will result in significant savings to project applicants in time
and money. New streamlined development review processes are recommended that
include the following:
• Modify 61 use categories in the Permitted Uses Table that allows for a faster
development review process and reduced fees.
• Create an administrative level site development permit for smaller
development projects that reduces current processing times and fees.
• Create a new Planned Unit Development permit option for residential projects
that allows for greater flexibility from the residential development standards.
This is an alternative to the preparation of a Specific Plan, which requires longer
processing times and costly plan preparation.
• Modify the minor adjustment process to allow up to three deviations of up to 10
percent of a numerical development standard. The current process only allows
for one deviation of a numerical development standard.
TITLE 13 SUBDIVISIONS
• Eliminate the Director's Hearing for Tentative Parcel Maps
• Allow for longer terms and flexibility in the granting of time extensions for
tentative maps
• Create new procedures for revisions to tentative maps
DUE PROCESS
The Committee identified the due process procedures for development review as a
high priority to accompany the recommended code changes. The proposed code
changes modify the Review Authority Table and assign more project decision authority
at the administrative level. The current process does not have a reporting mechanism
for staff level decisions to the City Council, Planning Commission and the general
public that allow for the opportunity for the appeal and call-up review process to be
effective. Therefore, new due process procedures have been developed, which
include:
• Clearly defined call-up review procedures
• Weekly reporting of staff level decisions for permits and development projects
available to the Planning Commission, City Council, and the general public
It is expected that the proposed Development Code Tune Up will stimulate new
Page 3 of 4
development and attract new businesses. As the City approaches full build out, there
will be significant limitations to new development that will require greater
development code flexibility that allows creative development approaches that are
compatible with the City's expectations for high quality development.
Following Planning Commission consideration, the schedule to establish the
Development Code Tune Up includes a public hearing before City Council on March 22,
2016. If approved by City Council, the Development Code Tune Up is expected to
become effective mid -May 2016.
AGENCY & PUBLIC REVIEW
Public Notice:
This project was advertised in The Desert Sun newspaper on February 12, 2016. To
date, no comments have been received. Comments were not requested from any
public agencies or other City Departments, given the limited scope of the amendment.
ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the proposed zone
text amendment is exempt from environmental review under CEQA, pursuant to
Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with
certainty that there is no possibility for this action to have a significant effect on the
environment, and individual development plans will be reviewed under CEQA as they
are proposed.
Prepared by: Gabriel Perez, Planning Manager
Approved by: Timothy R. Jonasson, Design and Development Director
Attachments: 1. Development Code Tune Up Recommendations Analysis (Title 8,
9, and 13)
Page 4of4
PLANNING COMMISSION RESOLUTION 2016 -
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL AMEND SEVERAL CHAPTERS OF TITLES
2, 7, 8, 9, AND 13 OF THE LA QUINTA MUNICIPAL CODE,
RELATED TO STREAMLINING OF THE DEVELOPMENT
REVIEW PROCESS
CASE NUMBER: ZONING ORDINANCE AMENDMENT 2016-0001
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 23rd day of February, 2016, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to amend several chapters of the La Quinta Municipal
Code, as identified by Title of this Resolution; and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" (CEQA) as amended (Resolution 83-63). The Community Development
Department has determined that the proposed amendment is exempt from
environmental review pursuant to Section 15061(b)(3), Review for Exemptions -
General Rule, in that it can be seen with certainty that there is no possibility for this
action to have a significant effect on the environment, and individual development
plans will be reviewed under CEQA as they are proposed; and
WHEREAS, the Community Development Department published a public
hearing notice for this request in The Desert Sun newspaper on February 12, 2016, as
prescribed by the Municipal Code; and,
WHEREAS, the proposed amendments are the result of the Development Code
Tune Up effort requested by the City Council at their regular meeting on July 21, 2015
to streamline the development review process; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did make the following mandatory findings to recommend approval of
said Zoning Ordinance Amendment to the City Council:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and policies of the
General Plan. The proposed amendments are supported by Program LU-3.3.a,
to provide incentives in the Zoning Ordinance for creative and high quality
development; Policy LU-5.2, Consider changes in market demand in residential
product type to meet the needs of current and future residents.
Planning Commission Resolution 2016-
Zoning Ordinance Amendment 2016-0001
Applicant: City of La Quinta
Adopted: February 23, 2016
Page 2 of 3
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The amendment
streamlines the development review process and does not incorporate any
changes that affect the regulation and/or provision of public services, utility
systems, or other foreseeable health, safety and welfare considerations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
La Quinta, California, as follows:
SECTION 1. That the above recitations are true and constitute the findings of the
Planning Commission in this case.
SECTION 2. That the Planning Commission does hereby recommend approval of
Zoning Ordinance Amendment 2016-0001, as set forth in attached Exhibit A, to the
City Council for the reasons set forth in this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held this 23rd day of February, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT WILKINSON, Chairperson
City of La Quinta, California
Planning Commission Resolution 2016-
Zoning Ordinance Amendment 2016-0001
Applicant: City of La Quinta
Adopted: February 23, 2016
Page 3 of 3
ATTEST:
TIMOTHY R. JONASSON
Design and Development Director/City Engineer
City of La Quinta, California
EXHIBIT A
PLANNING COMMISSION RESOLUTION 2016 -
DRAFT AMENDMENTS
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Title 7 HISTORIC PRESERVATION
7.02.040 Definitions.
Whenever the following words or terms are used in this title they shall have the meaning
established by this section:
A."Alteration" means any change or modification, through public or private action,
of any historic resource or of any property located within a historic district,
including, but not limited to, exterior changes to or modifications of a structure or
any of its architectural details or visual characteristics, including paint color and
surface texture, grading, surface paving, new structures, cutting or removal of trees
and other natural features, disturbances of archaeological sites or areas, and the
placement or removal of any objects such as signs, plaques, light fixtures, street
furniture, walls, fences, steps, plantings and landscape accessories affecting the
historic qualities of the property.
B."Archaeological site" means an area where remains of man or his activities prior
to keeping of history are still evident.
C. "Certificate of appropriateness" means a certificate issued by the city
council approving such plans, specifications, design or statements of work for any
proposed alteration, restoration, construction, removal, relocation or demolition, in
whole or in part, of or to any historic resource or to any improvement within a
historic district.
D. "Commission" means the hiGteF;^ preseNa+,^r planning_commission
established by this title.
E."Contributing structure" means a structure within a designated historic district
which has a special character, special historic or aesthetic interest or value, and is
incorporated into the district for that reason.
F. "Exterior architectural feature" means the architectural style, design, general
arrangement, components and natural features and all the outer surfaces of the
improvement, including, but not limited to, the kind and texture of the building
material, the type and style of all windows, doors, lights, signs, walls, fences, and
other fixtures appurtenant to such improvement, and the natural form and
appearance of any grade, rock, body of water, stream, tree, plant, shrub, road,
path, walkway, plaza, fountain, sculpture, or other form of natural or artificial
landscaping.
G. "Historic district" means any area which contains one or more historic
resources or landmarks which has a special character or special historical value,
along with other structural, cultural, architectural, archaeological, agricultural,
community or aesthetic value, or which represents one or more architectural
periods or styles typical to the history of the city, that has been designated a
historic district pursuant to this title.
H. "Historic resource" means improvements, including, but not necessarily
limited to, buildings, landscape, structures, signs, features, sites, places, areas, or
other objects of scientific, aesthetic, educational, cultural, architectural, agricultural
or historic significance to the citizens of the city.
I. "Historic resources inventory" means the historic resources inventory adopted
and maintained by council pursuant to Chapter 7.06 of this title.
J. "Improvement" means any building, structure, place, site, structural work of art,
landscape feature, plant life, life -form, scenic condition, parking facility, fence, gate,
wall or other object constituting a physical betterment of real property, or any part of
such betterment.
K."Landmark" means any property or improvement, manmade or natural, which has
special historic, cultural, architectural, archaeological, community interest or value
as part of the development, heritage or history of the city, the state of California, or
the nation, and that has been designated as a landmark pursuant to this title.
L. "Ordinary maintenance" means any cleaning, painting, and/or other restoration
which does not result in the alteration of an improvement or landmark.
M. "Paleontological site" means an area where fossilized or otherwise
preserved remains of plants or animals which generally predate man's emergence
on the earth are still evident.
N. "Person" means any individual, association, partnership, firm, corporation,
public agency, or political subdivision.
O. "Secretary of the Interior's Standards for Rehabilitation" means the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the
National Park Service.
P."Site" means any parcel or portion of real property which has special character or
special historic, cultural, archaeological, architectural, community or aesthetic
value. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
.......... ................. ... ..... - ....... r....,........ 1-2 .,.........� .. \ ........
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Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC
DISTRICTS
7.06.010 Establishment of historic resources inventory.
The city council shall establish and maintain a historic resources inventory
according to the requirements of the State Historic Preservation Office. (Ord. 238 § 2,
1993; Ord. 207 § 1, 1992)
7.06.020 Criteria for historic resources inventory.
A historic resource may be considered for inclusion in the historic resource
inventory based on one or more of the following:
A. It exemplifies or reflects special elements of the city's cultural, social,
economic, political, aesthetic, engineering or architectural history; or
B. It is identified with persons or events significant in local, state or national
history; or
C. It embodies distinctive characteristics of a style, type, period or method of
construction, is a valuable example of the use of indigenous materials or craftsmanship
or is representative of a notable work of an acclaimed builder, designer or architect; or
D. It is an archaeological, paleontological, botanical, geological,
topographical, ecological or geographical site which has the potential of yielding
information of scientific value; or
E. It is a geographically definable area possessing concentration of site,
buildings, structures, improvements or objects linked historically through location,
design, setting, materials, workmanship, feeling and/or association, in which the
collective value of the improvements may be greater than the value of each individual
improvement. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
7.06.030 Landmark designation procedures.
Landmarks shall be established by the city council in the following manner:
A. Any person may request the designation of an improvement as a
landmark by submitting a written request for such designation to the hist^vncal
nrnconrotion nnmmiccinn Planning Commission. The hic+nrinal nreserya+inn
r+nmm.- -.en planning commission, or city council may also initiate such proceedings by
motion.
B. Any such request shall be filed with the planning and development
department upon prescribed forms and shall include the following data:
1. Name and address of property owner and assessor's parcel number and
address of site;
2. Description of the proposed landmark, including special aesthetic, cultural,
architectural or engineering interest or value of a historic nature, including information
about the architecture, notable features, construction and other information indicating
the historical significance of the site;
3. Sketches, photographs or drawings;
4. Statement of condition of the improvement;
5. Explanation of any known threats to the improvement of the site;
6. Additional information:
a. Site plan in appropriate scale,
b. Legal description of the property,
C. Photographs, old and recent,
d. Proposed use,
e. Existing zoning,
Bibliography and references,
g. Chain of title, if available.
C. Within forty-five days of the date of the request, the commission shall hold
a public hearing to review the landmark application according to the criteria of Section
7.06.020.
D. Notice of the public hearing shall be published in a paper of local
circulation at least ten days prior to the hearing date. In addition, notice of the date,
place, time and purpose of the hearing shall be mailed, return receipt requested, to the
owner of the proposed landmark property as shown on the last equalized assessment
role at least fourteen days prior to the date of the public hearing. Failure to send notice
by mail to any property owner when the address of such owner is not on the latest
equalized assessment role shall not invalidate any proceedings in connection with the
proposed designation.
E. A notice of the request for designation as a landmark shall be forwarded to
the building and safety department and no building or demolition permits for any
alteration to any exterior architectural features of the proposed landmark shall be issued
while the matter is pending final decision.
F. After the public hearing, the commission shall, by resolution, make a
report and recommendation to the city council. If the commission determines that the
improvement does not meet landmark criteria, the process shall terminate and the
commission shall notify the property owner and applicant of such termination in writing
within ten days of the commission's determination. If the commission determines that
the historical resource warrants landmark designation and the property owner has
consented to same in writing, then the commission shall submit a written
recommendation to the city council incorporating its reasons in support of the proposed
landmark designation. Without the property owner's consent to the proposed
designation, the proposal shall terminate.
G. The city council shall hold a public hearing on the proposed historic
landmark designation within thirty days of the receipt of the recommendation from the
commission.
H. At the conclusion of the public hearing on the proposed designation, the
city council shall, by resolution, designate, conditionally designate, or disapprove the
designation of the landmark. Written notice of the city council action shall be mailed to
the property owner. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
7.06.040 Historic district designation procedures.
Historic districts shall be established by the city council in the following manner:
A. The procedures for designating a historic district shall be the same as for
designating a landmark, except as otherwise provided in this section.
B. Any application for designation of a historic district shall be filed with the
planning and development department upon the prescribed form and shall include the
following data:
1. Boundaries of the proposed district and a list of names and addresses of
property owners, assessor's parcel numbers and addresses of properties within the
boundaries;
2. Description of the proposed historic district, including special aesthetic,
cultural, architectural or engineering interest or value of a historical nature;
3. Sketches, photographs or drawings;
4. Statement of condition of structures and improvements within the district;
5. Explanation of any known threats to any historic resource within the
district;
6. Other information requested by the planning and development
department.
C. If written consent of two-thirds of the owners of property within the
proposed district to the proposed designation is not obtained at the time of the histeriG
preserva+inn planning commission hearing, the process shall terminate and the
commission shall notify the property owners and applicant of the termination within
fourteen days of the commission's determination.
D. If the commission determines that the area warrants historic district
designation, it shall submit a written recommendation to the city council incorporating its
reasons in support of the proposed district designation, within thirty days of its decision.
Such recommendation shall include a report containing the following information:
1. A map showing the proposed boundaries of the historic district and
identifying all structures within the boundaries, contributing or noncontributing;
2. An explanation of the significance of the proposed district and description
of the cultural resources within the proposed boundaries;
3. Recommendations as to appropriate permitted uses, special uses, height
and area regulations, minimum dwelling size, floor area, sign regulations, parking
regulations and any other modification to existing development standards necessary or
appropriate to the preservation of the proposed historic district;
4. Proposed design guidelines for applying the criteria for review of
certificates of appropriateness to the nominated historic district. (Ord. 238 § 2, 1993;
Ord. 207 § 1, 1992)
7.10.020 Restitution.
Upon damage, destruction or removal of a historic resource, designated landmark or
historic district without permit, the planninq_commission shall review the
action and make recommendation for restitution commensurate with damage inflicted,
specifically assessing the historic, as well as economic, value of the resource
destroyed. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992)
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.04 BASIC PROVISIONS
13.04.060 Review and approval authority.
The authority for review and approval of subdivisions and related land actions is set
forth in Table 13-1. as follows:
Formatted Table
Tentative m extensiGns Gity sta
Other responsible 0
Final and p of FnapS Gity sta Gityn
Other FeSpen sihlo a
genGieS
Dlo
WaiveFs of paFGel maps Gity staPlann'Rg d'Fe Gter
(DtheF r sihle a
geRGieG
1
TITLE 13 SUBDIVISIONS AD HOC EDITS
Table 13-1 Review and Approval Authority
PH = Decision -making body (public hearing required)
R(PH) = Recommending review body (public hearing required)
A = Administrative review by Community Development Director (no PH)
CC = Decision-makin_q body (City Council as consent calendar item)
Decision -Making Authority
Type of Application Staff Planning City
Commission Council
Vesting Tentative maps
Tentative maps
Revised Tentative mans
Tentative Parcel maps
Tentative map extensions
Final and Parcel maps
Waiver of Parcel map
Reversion to Acreage
Lot Line Adjustments
Parcel Mergers
2
PH
A*
AI
PH
PH
A
A
R(PH) PH
PH
CC
Comment [WN1]: Changed to
Administrative; no public hearing
TITLE 13 SUBDIVISIONS AD HOC EDITS
Amending Final maps I PH
Substantial Conformance - Tentative maps I A**
Environmental review Per city environmental review
procedures
Director's discretion.)
** By Public Works Director
'—Community Development Director may only consider extensions if there are no
proposed changes to the tentative map.
autherity.
a
trte
(Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995)
13.04.070 Definitions.
As used in this title:
"Revised Tentative mao" means a revision to a valid approved tentative mar) 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 Communitv
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.
Comment [WN2]: Added to allow referral of
maps
TITLE 13 SUBDIVISIONS AD HOC EDITS
"Specific plan" means a plan adopted by thety GE)uRaCity Council that is based upon
the G*City of La Quinta :anGeneral 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 &k4y-
feuF to seventy fouF feet with a variabiwidth as specified in (Exhibit II-3 of
the 2035� 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 11-
2 of the 2035I General Plan circulation element.` Vestward He Drove ,s an example of
GeueGter 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 QUiRta geRefa44an2O35
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 rerna+ni=R - ther
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.
Comment [WN3]: Added per 11-19 Ad Hoc
commentary
Comment [WN4]: Added per 11-19 Ad Hoc
commentary
Street, Major Arterial. "Major arterial street" means a six -lane street improvement within
a ene hundred twenty feet right-of-way width as specified in (Exhibit 11-3 of the 2035 Comment [WNS]: Added per 11-19 Ad Hoc
General Plan circulation element.^o^et foot ,n width hetWeeR Urh faGeo With aR commentary
eighteen feet wideand includes a raised center median to separate opposing traffic
flows and restrict access to adjacent properties. Major arterial streets are designed to
provide a high level of mobility for very large traffic volumes and generally serve trips of
several miles or more, including pass -through traffic. Major arterial streets link major
activity centers within the community and provide direct connections to the regional
roadway system. Wash'enten Street jeffersen Street and Fred Waring Drive are
exam 4esDesignation of major arterial streets in the G#y-City of La Quinta are set forth in
Exhibit 11-2 of the 2035 IGeneral Plan circulation element. Highway 111 is alse-classified
as a major arterial, but has a ene hundred seventy two feet ,Ni evariable right-of-way
and varying improvement widths as
TraRGpertat'GRset forth in the 035 General Plan circulation element.
4
Comment [WN6]: Added per 11-19 Ad Hoc
commentary
Comment [WN7]: Added per 11-19 Ad Hoc
commentary
TITLE 13 SUBDIVISIONS AD HOC EDITS
Street, Primary Arterial. "Primary arterial street' means a four -lane street improvement
within a one hundred to one hundred ten feet right-of-way width as specified in lExhibit
11-3 of the 2035 (General Plan circulation element, seventy-six to eighty-six feet in width
Comment [WN8]: Added per 11-19 Ad Hoc
between curb faces, hav+Rg-and includes a raised center median twelve to of ht o„ fee +
commentary
m 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 CitV of La Quinta are set forth in (Exhibit 11-2
of the 2035 (General Plan circulation element. MolesAvenue, Avenue 50 and
Comment [WN9]: Added per 11-19 Ad Hoc
EiSeRhower Drive are examples of primary arterial StFeetS OR the Gity Of La QuiRta.-
commentary
Street, Private. "Private street' means a privately maintained street within a private
development or a planned residential development.
Street, Secondary Arterial. "Secondary arterial street' means a four -lane street
improvement within an eighty eight foot_a right-of-way width as specified in (Exhibit II-3
of the 2035 (General Plan circulation element.si +„_fey ,r feet wide between G ,rh faGeo
Comment [WN10]: Added per 11-19 Ad Hoc
The secondary arterial is designed for mobility, to provide continuity through the
commentary
community, and generally serves trips of a mile or more. Secondary arterial streets
generally border neighborhoods and offer access as a secondary consideration.
Designation of secondary arterial streets in the City of La Quinta are set forth in (Exhibit
11-2 of the 2035 (General Plan circulation element. Adams Street D ,ne Palms
Comment [WN11]: Added per 11-19 Ad Hoc
Avenida Bermudas south of Avenue 52 are examples of seGendary arterial streets in the
pity of La Quinta.
commentary
"Subdivision" means the division of any unit or units of improved or unimproved land, or
any portion thereof, shown on the latest equalized county assessment roll as a unit or
as contiguous units. Property shall be considered as contiguous, even if it is separated
by roads, streets, utility easements or railroad rights -of -way. This definition also refers to
a condominium project, a community apartment project, or the conversion of five or
more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d)
and (m) of Section 1351 of the Civil Code.
"Subdivision Map Act" means Sections 66410 to 66499.58, inclusive, of the Government
Code of the state of California as may be revised from time to time.
"Substantial Conformance" means minor modification(s) to a valid approved tentative
map, which involve changes to map characteristics such as lot lines, shapes,
dimensions, size, etc; changes to street widths or grades, grading criteria, pad
elevations, and other similar characteristics that do not change the basic design and
improvements required of the approved tentative map and the conditions thereof.
TITLE 13 SUBDIVISIONS AD HOC EDITS
"Tentative map" and "tentative parcel map" mean a map designed to illustrate the
concept of a proposed subdivision and how it interfaces with existing conditions and
surrounding uses. Tentative maps need not be based upon an accurate or detailed field
survey of the property.
l Comment [WN12]: Delete this entire section
13.08.010 Diagram.
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TITLE 13 SUBDIVISIONS AD HOC EDITS
(Ord. 272 § 11 1995)
Chapter 13.12 TENTATIVE SUBDIVISION MAPS
13.12.040 Filing of tentative maps.
Tentative maps shall be filed with the planning departmen+Community Development
Department. The city may by resolution establish a filing fee schedule for the processing
of final maps. (Ord. 272 § 1, 1995)
13.12.050 Application materials.
The following application materials shall be submitted with each proposed subdivision:
A: The city tentative subdivision map application form;
A.
a_
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.
.4. fove hupd-Fed- feet radius map exhibit, dFawR te 6GaI8WhiGh displays these
properties withinfive hundred feet of the subdi„isien h.,U Rdaries and which
, as listed OR the latest
updated my equalized tax rolls;
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. TWe e-he requisite number of copies of the tentative map (as stated in the
application requirements form), folded aGGerd+eR 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;
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
4
2. 2. Biological study
i. ,
3 Geologic and/or coils study,
r
3_ 4. Traffic study
4. Geologic and/or soils study,
4-5. Water Quality Management Plan (WQMP).
This list is not all inclusive, and any other special studies required will be
determined by city staff on a case -by -case basis. (Ord. 295 § 1, 1997; Ord. 272 §
1, 1995)
13.12.100 Public notice procedure.
A. Public Notice. Public hearings shall be held on 49-tentative maps as set forth in
Table 13-1. (Notice of such hearings shall be published at least one time not less Comment [WN13]: Revised to refer to
than ten days before the date of the public hearing (twenty days if the tentative Authority Table 13-1
map is not exempt from CEQA action). The notice shall include the following
information:
1. The time and place of the public hearing;
2. The hearing body or officer;
3. A general explanation of the matter to be considered;
4. A general description of the property in text or diagrammatic form;
5. Map preparer/subdivider representative.
TITLE 13 SUBDIVISIONS AD HOC EDITS
13.12.120 Revised tentative maps
A revised tentative map may be filed for an approved tentative map, where the design
and/or improvements of the tentative map are modified from that of said approved
tentative map, but with no substantial change in concept from the approved tentative
map.
A. The Community Development Director shall determine whether the proposed
revisions to the tentative map substantially conform to the original concept of the
approved tentative map.
B. A revised tentative map shall comply with the provisions of the Subdivision Map
Act and all applicable provisions of the La Quinta Municipal Code in effect at the
time of approval of the revised tentative map.
C. A revised tentative map shall be processed in the same manner as an initial
tentative map proposal, with the exception of any procedures determined to be
inapplicable.
D. The approval or conditional approval of a revised tentative map shall terminate
approval of the original tentative map. However, the revised tentative map
approval or conditional approval shall not extend the original time period within
which the final mar) may be filed.
13.12.140 Appeals.
A subdivider or any other interested party may appeal a decision of the advise
ageneyCommunity Development Director or the planning Planning eeffm4sslen
Commission by using the following procedures:
A. Appeal of the ndvis„Fy n en .,Approval Authority Decision. Within ten -fifteen
calendar days after the date of the-@ decision by the advisGry
agenGWCommunity Development Director, a written appeal, accompanied by the
appropriate filing fee, may be submitted to the plaRRiRg 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 Fire^+^'Community
Development Director shall set the matter for hearing before the planning
seMniss+en Planning Commission within thirty days after the date of filing the
appeal. Written notice of the hearing shall be provided by mail to the subdivider,
the property owner and those property owners or individuals originally noticed at
the time of the first public hearing.
B. Appeal of the Planning Commissions Decision. Within -ten fifteen calendar days
after the date of the decision by the Planning Commission Plan ning Gem
TITLE 13 SUBDIVISIONS AD HOC EDITS
a written appeal, accompanied by the appropriate filing fee, may be submitted to
the plaRRiRg depaFtMeRtCOmmunity Development Department. The city clerk
shall set the matter for hearing before the WCity GGuPG4Qouncil. The hearing
on the appeal shall be held not more than thirty days from the date of receipt of
the appeal and shall give written notice of the hearing to the subdivider, property
owner, and those property owners or individuals originally noticed at the first
public hearing. (Ord. 356 § 1, 2000; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.12.150 Term of tentative maps.
Pursuant to California Government Code �66452.6(a)1, tThe approval or conditional
approval of a tentative map by the c*City GGuRGi-Council shall expire tWeRty thirty_
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 r--n extension of time. Requests-AAplications
for extensions of time shall be filed with the plan^'^^ depa tmeRtCommunity
Development DepartmentCommunity Development Department OR either
appFE)ved faFm r by 18#8F All requests for extensions of time shall include:
1. A completed application forme letter;
2. An identification of the length of time requested and reason�sj for the request;
3. The current processing fee as charged by the city for tentative map time
extensions;
4. Twenty— "The requisite number of copies of the tentative map as required by
the application. The tentative map shall be as approved by the Gi#-_City
GeunGilCouncil. Additional copies may be requested subsequent to the
application submittal.
Extensions of time may be granted by the plaRRieg Community Development d+r-eGtsr
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 modifiGatieRchanges to the approved tentative map are
subject to the public notification procedure provided for in Section 13.12.090 and will be
10
TITLE 13 SUBDIVISIONS AD HOC EDITS
considered at a public hearing, to be held by the designated approval authority as set
forth in Section 13.04.060. A time extension granted by the Community Development
Director may not exceed two years.
The approval authority may appro Pa 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. maximurn of throe e year time eXte Sens 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 capproval 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.
11
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.20 FINAL MAPS AND PARCEL MAPS
13.20.010 Purpose.
This chapter establishes requirements for the preparation and processing of final maps,
parcel maps and waivers of parcel maps. (Ord. 272 § 1, 1995)
13.20.020 Applicability.
A final map shall be required for all subdivisions creating five or more parcels, five or
more condominiums as defined in Section 783 of the Civil Code, a community
apartment project containing five or more parcels, or for the conversion of a dwelling to
a stock cooperative containing five or more dwelling units, except as specified herein
below.
A parcel map shall be required for all subdivisions creating four or less parcels, four or
less condominiums as defined in Section 783 of the Civil Code, a community apartment
project containing four or less parcels, or for the conversion of a dwelling to a stock
cooperative containing four or less dwelling units, ''"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 ^f the adviseFy ageRGY er planning G9Mmissien deGiSi^^c concerning final
maps, amending final maps, parcel maps and waivers of parcel maps shall be
processed as provided in Section 13.12.140, Appeals. (Ord. 356 § 1, 2000; Ord. 272 §
1, 1995)
12
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.28" + Indent
at: 0.53"
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.24 IMPROVEMENTS
13.24.070 Street design —Generally.
The design of street improvements shall conform with the following:
A. Full -width street improvements shall be required for all internal subdivision
streets and alleys.
B. Subdivisions bordering a public street shall provide half -width right-of-way
improvements, plus one additional travel lane on the opposite side of the
centerline if it does not already exist.
C. The street system in a proposed subdivision shall relate to and be compatible
with existing or proposed streets in adjacent subdivisions and/or specific plans
and shall, where applicable, provide for future development of adjoining property.
D. Street connections shall be at ninety -degree angles unless approved by the city
engineer.
E. Alleys shall be at least twenty feet in width. Dead-end alleys shall provide
adequate area for a turnaround.
F. Cul-de-sacs shall not exceed a distance of one thousand three hundred twenty
feet in length (measured from the centerline of the intersection to the center of
the cul-de-sac) unless provided with improved emergency access/outlet routes
no more than one thousand three hundred twenty feet from the end of the cul-de-
sac.
G. Minimum street grades shall be 0.5 percent longitudinally, 2.0 percent laterally.
H. Additional rights -of -way or easements shall be provided, where necessary, to
accommodate roadway slopes, drainage structures, bicycle or equestrian paths
and trails, and other facilities related to subdivision development.
I. The size and configuration of streets shall comply with the feAow+ag
tableCirculation Element of the 2035 La Quinta General Plan, Exhibits II-2 and II-
3, as may be subsequently amended.
13
Comment [WN14]: Added per 11-19 Ad Hoc
commentary
TITLE 13 SUBDIVISIONS AD HOC EDITS
NNE=
MEN=
ff
;
M
J. The right-of-way radius for cul-de-sac bulbs shall be a minimum of forty-five feet.
The minimum curb radius shall be forty-five feet for private streets and thirty-eight
feet for public streets. (Ord. 490 § 1, 2011; Ord. 275 § 1, 1997; Ord. 272 § 1,
1995)
13.24.080 Street design —Private streets.
Private streets, permitted only when there is adequate provision for their construction
and maintenance, shall be in conformance with the standards listed in Table 13.24.070
except as follows:
Width
Permitted Use
28 feet
No on -street parking
32 feet
Parking on only one side
of street
36 feet
Parking on both sides of
the street
40 feet
Entry and primary circulation streets
14
TITLE 13 SUBDIVISIONS AD HOC EDITS
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
13.24.090 Image corridors and gateway iRteFGeGtiGRS
The circulation element of the 2035 La Quinta general General plar�Plan establishes
image corridors and gateway interseGti ns which warrant special improvements.
Improvements constructed along image corridors and at gateway iRterse^+i^^c shall
comply with the improvement standards identified in the general 2035� 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
13.24.140 Landscaping plans.
Landscape and irrigation plans for landscaped lots, landscape setback areas, medians,
common retention basins and park facilities shall be prepared by a licensed landscape
15
Comment [WN15]: Added per 11-19 Ad Hoc
commentary
Comment [WN16]: Added per 11-19 Ad Hoc
commentary
TITLE 13 SUBDIVISIONS AD HOC EDITS
architect. Landscape and irrigation plans shall be submitted for review and approval of
the plaRRORg diFeGt0fQ0MmunitV Development Director and the CGity €RQiReerEngineer
(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 c*City e4g+eeerEngineer. (Ord. 295 § 1,
1997; Ord. 272 § 1, 1995)
13.24.160 Maintenance
Subdividers shall make provisions for maintenance of improvements until final
acceptance, by the city council, of all improvements required as conditions of approval
For privately maintained street and drainage improvements, the entity responsible for
maintenance shall comply with all applicable provisions of the genera 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
SW PPP and DAMP as approved for the c*City under the city's SDP.
Graded land shall be protected from wind and water erosion through the use of various
materials and methods such as, but not limited to, active irrigation, establishment of
vegetative root structure to anchor soil, or surface barriers such as straw, wood chips or
anchored plastic sheeting.
Prior to grading operations, the subdivider shall submit and receive approval of a
fugitive dust control plan prepared in accordance with Chapter 6.4-0-16 of this code.
(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)
16
TITLE 13 SUBDIVISIONS AD HOC EDITS
Chapter 13.32 LOT LINE ADJUSTMENTS
13.32.010 Purpose.
This chapter establishes procedures for adjusting the boundary lines between two or
more existing parcels. (Ord. 272 § 1, 1995)
13.32.020 Applicability.
Lot line adjustment may be utilized to reconfigure the size or shape of one lot provided
that:
A. All property line segments adjusted are boundary lines of the subject lot (though
the extensions of the adjusted segments may affect several lots);
B. The lot line adjustment does not alter the number of lots; and
C. The applicant and/or owner of the property has not received approval of a lot line
adjustment affecting any of the lots to be altered, or lots abutting any of the lots to
be altered, for a period of six months immediately preceding the date of the
current application, unless the property is zoned Reighberhood.Neighborhood
GGFnFneFalCommercial, GOMM 4R*Community iaCommercial, regleRal
Regional GOMM8:GialCommercial, eff+ce Office Commercial,oF WGiRess
parliCommercial Park, Village Commercial or Maior Community Facilities in which
case there shall be no time restriction between lot line adjustments. (Ord. 444 § 1,
2007; Ord. 326 § 3, 1998; Ord. 272 § 1, 1995)
17
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
`°
r
M = Minor use
permit H =
Home
°'
aNi
Fi
occupation
v,
c
a
�,
permit
m
a
S = Specific
plan required
c
T= Temporary
o
Use Permit
X = Prohibited
_j
o
m
use
c
d
c
s
M
>
J
v
x
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family
P
P
P
P
P
S
detached dwellings
Table 9-1 Permitted Uses in Residential Districts
P = PrOnGmpal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
`°
r
M = Minor use
permit H =
Home
°'
E
occupation
c
permit
�
-a
S = Specific
plan required
c
T= Temporary
o
Use Permit
X = Prohibited
_j
o
m
use
�'
3
>
>
J
0
_
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family
detached patio
homes (i.e., "zero
PUDS
PUDS
PUDS
PUDS
P
PUDS
lot -line")
Duplexes (two
units on the same
PUDS
PUDS
SX
PUDS
P
P
lot)
Single-family
attached dwellings
(two units per
PUDS
PUDS
X
PUDS
P
P
building with each
unit on its own lot)
Townhome
dwellings (two or
more units per
PUDS
PUDS
X
SIP
P
P
building with each
unit on its own lot)
Condominium
multifamily
PUDS
PUDS
X
SP
P
P
("airspace" units)
Apartment
multifamily (rental
X
X
X
P
P
P
units)
Comment [nl]: would a PUD or PRD Permit with
Planning Commission approval be appropriate for
first three rows instead of requiring a Specific Plan?
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
J
m
o
E
E
use
c
�,
c
s
_M
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Mobilehome parks
C
C
C
C
C
C
Mobilehome
subdivisions and
manufactured
homes on
P
P
P
P
P
X
individual lots,
subject to Section
9.60.180
Resort residential
subject to Section
CID
GP
X
CP
CID
CID
9.60.320
Guesthouses,
subject to Section
A
A
A
A
A
A
9.60.100
Second residential
units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
J
m
o
E
E
use
c
�,
c
s
_M
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Child day care
facilities as an
accessory use,
A
A
A
A
A
X
serving 8 or fewer
children, subject to
Section 9.60.190
Child day care
facilities as an
accessory use,
M
M
M
M
M
X
serving 9-14
children, subject to
Section 9.60.190
Congregate living
facilities, 6 or fewer
P
P
P
P
P
X
persons
Congregate care
C
C
C
C
C
C
facility
Residential care
facilities, 6 or fewer
P
P
P
P
P
P
persons
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
J
m
o
E
E
use
c
�,
c
s
_M
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Senior citizen
residences, 6 or
fewer persons,
P
P
P
P
P
P
subject to Section
9.60.200
Senior group
housing, 7 or more
X
X
X
XM
GM
M
persons, subject to
—
—
—
Section 9.60.200
Time share
facilities, subject to
GM
GM
GM
GM
GM
Section 9.60.280
Bed and breakfast
GM
GM
GM
GM
GM
GM
inns
—
—
—
—
—
—
Supportive
X
X
X
C
C
C
Housing
Transitional
X
X
X
C
C
C
Housing
Cottage Food
Operations, subject
MP
MP
MP
MP
MP
MP
to Section 9.60.115
Open Space and Recreational Uses
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
-J
m
o
E
E
use
�'
3
�,
>
_a,
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Public parks,
playfields and open
P
P
P
P
P
P
space
Bicycle, equestrian
P
P
P
P
P
P
and hiking trails
Clubhouses and
community
P
P
P
P
P
P
pools/cabanas
Unlighted tennis
and other game
courts on private
A
A
A
A
A
A
property, subject to
Section 9.60.150
Lighted tennis and
other game courts
on private property,
M
M
M
GM
GM
subject to Section
9.60.150
Golf courses and
country clubs per
P
P
P
P
P
P
Section 9.110.040
Driving range with
GM
GM
X
GM
GM
CM
or without lights
—
—
—
—
—
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
-J
m
o
E
E
use
�'
3
�,
>
_a,
>
J
L)
2
Land Use
RVL
RL
RC
RM
RMH
RH
Accessory Uses and Structures
Home occupations,
subject to Section
H
H
H
H
H
H
9.60.110�
Patio covers,
decks, and
A
A
A
A
A
A
gazebos, subject to
Section 9.60.040
Fences and walls,
subject to Section
P
P
P
P
P
P
9.60.030
Satellite dishes
and other antennas
A
A
A
A
A
A
subject to Section
9.60.080
Swimming pools,
spas and cabanas,
A
A
A
A
A
A
subject to Section
9.60.070
Garages and
carports, subject to
A
A
A
A
A
A
Section 9.60.060
Comment [n2]: Home occupations are entirely
handled by Code Enforcement. Delete all references
and move to Municipal Code Title 87
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
J
m
o
E
E
use
c
�,
c
s
_a,
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Keeping of
household pets,
A
A
A
A
A
A
subject to Section
9.60.120
On lots of 1 acre or
more, the
noncommercial
keeping of hoofed
animals, fowl
(except roosters)
and rabbits,
subject to Section
9.60.120. Hoofed
animals include
A
A
X
X
X
X
horses, sheep,
goats, pot bellied
pigs, and similar.
The keeping of
horses is subject to
Section 9.140.060
and limited to one
horse per 2.5
acres.
Table 9-1 Permitted Uses in Residential Districts
P = PronGmpal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
`°
r
M = Minor use
permit H =
Home
°'
E
occupation
c
permit
�
-a
S = Specific
plan required
c
T= Temporary
o
Use Permit
X = Prohibited
-J
o
m
use
�'
3
>
�
>
J
0
2
M
_
Land Use
RVL
RL
RC
RM
RMH
RH
Other accessory
uses and
structures which
are customarily
associated with
and subordinate to
A
A
A
A
A
A
the principal use
on the premises
and are consistent
with the purpose
and intent of the
zoning district.
Agricultural Uses
Tree crop farming;
P
X
X
X
X
X
greenhouses
Field crop farming
P
M
X
X
X
X
Produce stands,
subject to Section
P
M
X
X
X
X
9.100.100
Temporary Uses
Garage sales A A A A A A
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
T= Temporary
o
Use Permit
X = Prohibited
o
J
m
o
E
E
use
c
�,
c
s
_M
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Construction and
guard offices,
M
M
M
M
M
M
subject to Section
9.60.210
Use of relocatable
M
M
M
M
M
M
building
Model home
complexes and
sales offices,
M
M
M
M
M
M
subject to Section
9.60.250
Special outdoor
events, subject to
M
M
M
M
M
M
Section 9.60.170
Parking of
recreational
A
A
A
X
X
X
vehicles, subject to
Section 9.60.130
Other Uses
Churches, temples
and other places of
C
C
C
C
C
C
worship
10
Table 9-1 Permitted Uses in Residential Districts
P = Pr+nEipal
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
w
M = Minor use
m
permit H =20
Home
occupation
c
permit
aNi
m
S = Specific
plan required
o
a_
T= Temporary
o
Use Permit
X = Prohibited
o
-J
m
o
E
E
use
�'
3
�,
>
_a,
>
J
0
2
Land Use
RVL
RL
RC
RM
RMH
RH
Museum or gallery
displaying
sculpture, artwork
or crafts, including
CM
GM
GM
GM
CM
M
schools for above,
on 20 acres or
more
Community
recreational vehicle
XA
XA
X
PA
PA
'A
storage lots,
—
—
—
—
noncommercial
Communication
towers and
equipment
C
C
C
C
C
C
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted
M
M
M
M
M
M
to existing facility)
subject to Chapter
9.170
11
Table 9-1 Permitted Uses in Residential Districts
P = Rr nG+pa1
Permitted use
A = Accessory
use
C=
Conditional
use permit
PUD = Planned
Unit
Development
`°
r
M = Minor use
permit H =
Home
°'
E
occupation
c
permit
�
-a
S = Specific
plan required
c
T= Temporary
o
Use Permit
X = Prohibited
-j
o
m
use
�'
3
>
�
W
>
J
V
2
M
_
Land Use
RVL
RL
RC
RM
RMH
RH
Utility substations
M
M
M
M
M
M
and facilities
Public flood control
facilities and
P
P
P
P
P
P
devices
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007;
Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord.
299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Formatted: List Paragraph, Justified, Indent:
Left: 0.75", Right: 0.01", Space After: 4 pt,
Line spacing: At least 14 pt, Numbered +
Level: 1 + Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5
Formatted: Font: (Default) Anal, 12 pt, Font
color: Black
12
Chapter 9.80 NONRESIDENTIAL PERMITTED USES
9.80.010 Development permits required.
Table 9-4 of this chapter specifies whether a land use or structure is permitted within
a zoning district. However, in most cases development to establish a use also
requires approval of a site development permit and/or other permits as set forth in
Chapter 9.210., approval of a specific plan is required for any development or land
division in the CR district. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.80.020 Residential uses in the CR Regional Commercial district adjacent to
Highway 1 1 1 in NR overlay district.
In accordance with General Plan Policy 2-3.1.4, no residential uses shall be
established within the NR nonresidential overlay portion of the CR regional
commercial district except for incidental residential uses which:
A. Are incorporated into a project site which is twenty acres or more in
size;
B.Are a part of a larger mixed use project with predominantly nonresidential
uses;
C.Are no more than twenty percent of the total project square footage;
D.Are well integrated into the larger development, i.e., not a separate use;
E. Serve a legitimate necessary purpose for the development such as
employee housing;
F. Have at least fifty percent of the units in the affordable category, as
defined in the general plan housing element; and
G.Are approved by the city as an integral part of the overall mixed use
project. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.80.030 Residential uses outside NR overlay.
In accordance with the General Plan Policies 2-3.1.6 through 2-3.1.8, single-
family residential uses may be established in the CR district outside the NR
nonresidential overlay. Such projects may have up to a proportion of one
hundred percent residential. The following requirements shall apply:
A. A specific plan shall be approved and the project shall conform to
the RSP residential specific plan standards of Section 9.30.0809.140.100
with regard to common open area and perimeter landscaping with the
exception of single-family residential.
B. A minimum of fifteen percent of the dwelling units are provided in the
affordable "low" and/or "very low" income category per Section 9.60.270.
13
C. Project sites of less than twenty acres shall be single -use, either all
residential or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord.
299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.80.040 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in
Nonresidential Districts, following, specifies those uses and structures
which are permitted within each nonresidential district. The letters in the
columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. W": Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are
not permitted unless the planning or the planning commission determines
that such use is within one of the permitted use categories listed (e.g.,
principal use, conditional use, etc.) in accordance with Section 9.20.040.
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
R
10
w
R
use
A=Accessory use
M u
-E
U
E
u
E
C= Conditional use
o `m
5
�,
=
L �,
E
E :-
E
permit
E
E E
so E
v
o
o
v
M= Minor use permit
� c
E
c
a� o
'iv
y
m
o LL
d
T= Temporary use
0
c
v Co
v
Z
w
�
permit
U
Z
�0
0
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Retail Uses
Retail stores under
10,000 sq. ft. floor area P AP P P AP AP X P
per business
Retail stores', 10,000—
50,000 sq. ft. floor area P SP SP SP X X X P
Retail stores', over
50,000 sq. ft. floor area GP C 6M X X X X X
Food, liquor and
convenience stores
under 10,000 sq. ft. floor P A P P A A X P
area, open less than 18
hours/day2
14
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Principal -Permitted
Y
!0
T
R
useV
A =Accessory use
20
c-
c
0.�
E
'V
C = Conditional use
c d
CD
CD
E
E
£ r
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
H
M
c LL
d
T=Temporary use
c�
c
v
m U
r
w
.0
permit
V
Z
0
O
g
j
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Food, liquor and
convenience stores
M
under 10,000 sq. ft. floor
OM
X
GM
GM
CM
X
X
area, open 18 or more
hours/day2
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
CID
X
GP
GP
X
X
X
subject to Section
P
9.100.120 (Outdoor
—
storage and display)
Showroom/catalog
stores, without
P
P
P
X
X
X
X
X
substantial on -site
—
inventory
General Services
Barbershops, beauty,
nail and tanning salons
P
A
P
P
P
A
X
P
and similar uses
—
Miscellaneous services
such as travel services,
photo developing,
videotape rentals, shoe
repair, appliance repair,
P
A
P
P
P
A
X
p
and similar uses
—
Laundromats and dry
cleaners, except central
P
X
P
P
P
X
X
M
cleaning plants
—
Printing, blueprinting
and copy services
P
P
P
P
P
P
X
P
Pet grooming —without
overnight boarding
P
X
P
P
P
X
X
p
Office and Health Services
15
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Plat Permitted
use'V
A=Accessory use
20
[-
c
.�
E
�=
V
C = Conditional use
c d
3 y
L CD
E
E
E
E '=
E
E
permit
E
Eo
E E
Q E
0
o
o •�
0
M =Minor use permit
W
E
E
o o
v
rn o
•m
H
o LL
T = Temporary use
c�
t)
v
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Banks
P
X
P
P
P
P
X
General and
P
XP
P
P
P
P
GP
professional offices
—
—
Medical offices —
physicians, dentists,
optometrists,
P
XP
P
P
P
P
X
chiropractors and similar
practitioners,
Medical centers/clinics—
four or more offices in
P
X
P
C
X
P
X
one building
Surgicenters/_medical
P
XP
P
C
X
P
X
clinics
—
Hospitals
C
X
X
X
X
X
C
Convalescent hospitals
C
X
C
X
X
X
C
Veterinary clinics/animal
hospitals and pet
CM
GM
CM
CM
X
X
X
boarding (indoor only)
Dining, Drinking and Entertainment Uses
Restaurants, other than
P
A
P
P
P
X
A
drive -through
Restaurants, drive-
P
A
P
X
P
X
X
through
Restaurants, counter
take-out with ancillary
seating, such as
yoghurt, ice cream,
P
P
P
P
P
X
XA
pastry shops and
similar
Bars_, taV8FRs and
cocktail lounges
C
C
C
XC
C
X
X
Dancing or live
entertainment as a
C
XC
C
X
C
X
X
principal use
Dancing or live
entertainment as an
A
XA
GA
GA
GA
X
X
accessory use
16
P
P
X
P
C
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
�_
6
use'V
A=Accessory use
La
o-
c
.�
E
�=
V
C = Conditional use
c d
CD
CD
E
B
E
£ r
E
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
'm
H
M
c LL
T = Temporary use
c�
c
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Theaters, live or motion
GP
X
GM
XM
GM
X
XA
picture
M
Tobacco shops without
onsite smoking, as per
the provisions of the
P
X
CP
XP
CA
X
X
P
Heath and Sanitation
—
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
GM
X
XM
xM
GA
X
X
per the provisions of the
M
Health and Sanitation
Code
Recreation Uses
Bowling, pool or billiard
centers as a principal
C
XC
C
X
C
X
X
C
use
Pool or billiard tables as
accessory use (3 tables
A
A
A
A
A
A
X
A
or less)
Game machines, 11 or
more (as either a
C
X
C
C
C
X
X
principal or accessory
use)
Game machines as an
accessory use, 10 or
A
A
A
A
A
A
X
A
fewer machines
Golf courses and
country clubs (see GC
X
AX
X
X
GA
AX
X
X
district permitted uses,
—
—
—
—
Chapter 9.120)
Tennis clubs or
C
A
C
X
X
A
C
complexes
Health clubs, martial arts
studios, and dance
MP
MP
MP
MP
MP
MP
AM
studios, 5,000 sq. ft.
P
floor area or less
Health clubs, martial arts
studios, and dance
GM
GM
GM
GM
GM
GM
XM
studios, over 5,000 sq.
M
17
Formatted: Left, Indent: Left: 0"
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
Ri
m
use'V
A=Accessory use
La
c-
c
.�
E
�=
V
C = Conditional use
c d
CD
CD
E
B
E
£ r
E
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
'm
H
M
c LL
T = Temporary use
c�
c
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
ft. floor area
Libraries
P
XP
P
CP
P
P
P
P
Museum or gallery
displaying sculpture,
P
artwork or crafts,
P
P
P
P
P
P
P
including schools for
above
Parks, unlighted
playfields and open
P
P
P
P
P
P
P
P
space
Lighted playfields
X
X
X
X
X
X
C
C
Bicycle, equestrian and
P
P
P
P
P
P
P
hiking trails
P
Indoor pistol or rifle
X
C
X
X
X
X
X
ranges
X
Miniature golf/recreation
C
X
X
X
GM
X
X
ters
X
Assembly Uses
Ice skating rinks
GM
XM
GM
X
XM
X
GM
X
Lodges, union halls,
social clubs and senior
GP
GP
CID
GP
X
X
GP
P
citizen centers
Churches, temples and
CM
GM
GM
GM
X
GM
X
other places of worship
M
Mortuomearies and funeral
GM
GM
GM
X
X
X
X
X
Public and Semipublic Uses
Fire stations
P
P
P
P
XP
P
P
P
Government offices and
P
P
P
P
P
P
P
police stations
P
Communication towers
and equipment
C
(freestanding, new
C
C
C
C
C
C
C
towers) subject to
Chapter 9.170
Communication towers
and equipment (co-
M
M
M
M
M
M
M
location, mounted to
18
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
�_
6
use'V
A=Accessory use
La
o-
c
.�
E
�=
V
C = Conditional use
0 d
CD
y
E
E
E
E r
E
E
E
0
0
0
M= Minor use permit
a
E
o o
v
rn o
.2
H
M
c LL
T = Temporary use
c�
v
c)
w
permit
V
Z
0
O
2iF
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
existing facility) subject
M
to Chapter 9.170
Electrical substations
PAX
M
MX
X
X
X
M
X
Water wells and
MP
MP
MP
XP
XP
XP
MP
pumping stations
P
Reservoirs and water
X
X
X
X
X
X
MPtanks
X
Public flood control
P
P
P
P
P
P
P
facilities and devices
P
Colleges and
C
XM
X
X
X
XM
C
universities
C
Vocational schools, e.g.,
barber, beauty and
CM
C
C
X
X
C
C
C
similar
Private elementary,
intermediate and high
C
C
C
C
C
C
C
C
schools
120w;tn o..dm onhnnls
G
G
G
X
G
X
G
�TFaiR bus and t.+.:
s �m
S
X
G
X
C
X
C
Helicopter pads
X
X
X
X
C
X
C
X_
Public or private kennels
and animal shelters
X
C
X
X
X
X
C
(with indoor or outdoor
X
pet boarding)
Golf courses and
country clubs (see GC
C
A
C
X
C
A
P
district permitted uses,
Chapter 9.120)
Driving range unlighted
P
A
C
X
P
A
P
Tennis clubs or
C
A
C
X
C
A
C
complexes
Health clubs, martial arts
studios, and dance
P
P
P
P
P
P
A
studios, 5000 sq. ft. floor
area or less
Residential, Lodging and Child-Car-eChild daycare
Uses
Townhome and
C a
a
C
�4C
XC
XC
XC
X
multifamily dwelling as a
PC
19
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
�_
6
use'V
A=Accessory use
La
o-
c
.�
E
�=
V
C = Conditional use
0 d
CDL
y
E
E
E
E r
E
E
E
0
0
0
M= Minor use permit
a
E
o o
v
rn o
.2
H
M
c LL
T = Temporary use
c�
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
primary use3,4
Residential as an
accessory use, e.g.,
OM
CM
GM
CM
GM
GM
CM
caretaker residences per
M
Section 9.100.160
Child day-care facilities,
centers and preschools
as a principal use,
GM
GM
GM
GM
XX
GM
GM
subject to Section
—
—
—
—
—
—
—
M
9.100.250 (also see
Accessory Uses)
Senior group housing,
subject to Section
GX
X
X
X
X
X
X
M
9.100.260
Rooming and boarding
GX
X
X
X
X
X
X
M
houses
—
Single room occupancy
(SRO) hotels, subject to
C
X
X
X
X
X
X
X
Section 9.100.270
Emergency shelters
P
P
P
P
P
P
P
X_
Transitional shelters for
homeless persons or
C
X
X
X
X
X
C
X
victims of domestic
—
abuse
Single family residential
SX
X
X
X
X
X
X
X
Mixed -use projects:
residential and
SP
XP
XP
XP
XP
XP
X
P
office/commercial
RV rental parks and
ownership/membership
GX
X
CX
X
CM
X
X
X
parks
Resort residential
S
X
C
X
C
X
X
Hotels and motels
CID
X
CID
X
CID
X
X
P
Timeshare facilities,
subject to Section
PC
XX
PC
XX
PC
XX
XX
P
9.60.290
V
F
Formatted Table
Formatted: Left, Indent: Left: 0", Space
Before: Opt
Formatted: Not Highlight
Table 9-5 Permitted Uses in Nonresidential
Districts
P = P at -Permitted
Ri
m
use'V
A=Accessory use
La
[-
c
.�
E
�=
V
C = Conditional use
0 d
y
L y
E
E
E
E r
E
E
E
0
0
0
M= Minor use permit
a
E
o o
v
rn o
'm
H
M
c LL
T = Temporary use
c�
v
t)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Caretaker residences
M
M
M
M
M
M
M
M
Automotive Automobile Uses5
Golf cart, neighborhood
electric vehicle (NEV),
P
P
P
XM
X
X
X
and electric scooter
—
M
sales
Automobile service
stations, with or without
C
C
C
C
X
X
X
C
minimart
Car washes
GM
GM
GM
X
X
X
X
X
Auto body repair and
painting; transmission
X
C
X
X
X
X
X
X
repair
Auto repair specialty
shops, providing minor
auto maintenance: tire
sales/service, muffler,
C
C
C
X
X
X
X
brake, lube and tune-up
services —not including
X
major engine or
drivetrain repair
Auto and motorcycle
GM
GM
X
X
X
X
X
sales and rentals
X
Used vehicle sales, not
associated with a new
C
C
X
X
X
X
X
vehicle sales facility, as
X
per Section 9.100.030
Truck, recreation vehicle
C
C
X
X
X
X
X
and boat sales
Auto parts stores, with
no repair or parts
P
P
P
GP
X
X
X
installation on the
P
premises
Auto or truck storage
yards, not including
X
Cr
X
X
X
X
X
dismantling
X_
Private parking
lots/garages as a
C
C
C
X
C
C
X
principal use subject to
21
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
�_
6
use'V
A=Accessory use
La
c-
c
.�
E
�=
V
C = Conditional use
c d
CD
CD
E
B
E
£ r
E
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
'm
H
M
c LL
T = Temporary use
c�
c
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Chapter 9.150, Parking
C
Warehousing and Heavy Commercial Uses5
Wholesaling/distribution
centers, with no sales to
C
P
X
X
X
X
X
X
consumers
General warehouses,
with no sales to
C
P
X
X
X
X
X
consumers
Mini -storage
X
warehouses
X
X6
X
X
X
X
X
Lumber yards, outdoor
(see retail stores for
X
GM
X
X
X
X
X
indoor lumber sales)
X_
Pest control services
CM
PG
X
X
X
X
X
X_
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public utility
and similar
GX
GM
X
X
X
X
GP
X
equipment/storage yards
—
Central cleaning or
GX
GX
GX
X
XA
X
X
laundry plants
X_
Communication or relay
facilities/antennas as
C
C
Cr
C
C
C
C
primary use
Industrial and Research Uses
Indoor manufacture and
assembly of
components or finished
products from materials
such as cloth, fiber, fur,
X
P
X
X
X
X
X
X
glass, leather, stone,
paper (except milling),
plastics, metal, and
wood
Research and
P
P
X
X
X
X
X
development
X
Recording studios
P-M
P
X
X
X
X
X M
Bottling plants
X
P
X
X
X
X
X X
22
Formatted Table
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prir�Permitted
�_
6
use'V
A =Accessory use
La
o-
c
.�
E
�=
V
C = Conditional use
c d
CD
CD
E
E
£ r
E
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
.2
H
M
c LL
T = Temporary use
c�
c
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Sign making, except
P
P
X
X
X
X
X
sandblasting
Sign making, including
X
P
X
X
X
X
X
sandblasting
Recycling centers as a
X
primary use, collection
X
C
X
X
X
X
C
and sorting only, subject
to Section 9.100.190
Off -site hazardous
waste facilities, subject
X
C
X
X
X
X
X
X
to Section 9.100.230
—
Accessory Uses and Structures
Portable outdoor
vending uses (such as
flower stands, hotdog
M
M
M
M
M
M
M
stands, etc.), subject to
M
Section 9.100.100
Swimming pools as an
MA
MA
MA
XA
AA
MA
AA
accessory use
A_
Golf or tennis facilities
MA
MA
MA
XA
AA
MA
AA
as an accessory use
A_
Signs, subject to
A
A
A
A
A
A
A
Chapter 9.160
Fences and walls,
subject to Section
A
A
A
A
A
A
A
9.100.030
Antennas and satellite
dishes, subject to
A
A
A
A
A
A
A
Section 9.100.070
A
Reverse vending
machines subject to
A
A
A
A
X
X
A
Section 9.100.190
M
Recycling dropoff bins,
subject to Section
M
A
M
M
X
X
A
9.100.190
Incidental products or
services for employees
A
A
A
A
A
A
A
or businesses, such as
23
Formatted Table
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Prin�Permitted
Ri
m
use'V
A =Accessory use
La
o-
c
.�
E
�=
V
C = Conditional use
0 d
y
L CD
E
E
£ r
E
E
E
0
0
0
M= Minor use permit
a
o o
v
rn o
'm
H
M
c LL
T = Temporary use
c�
c
v
c)
w
permit
V
Z
0
O
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
child day care,
cafeterias and business
A_
support uses
Other accessory uses
and structures which are
customarily associated
with and subordinate to
the principal use on the
premises and are
A
A
A
A
A
A
A
consistent with the
A_
purpose and intent of
the zoning district, as
determined by the
director
Temporary Uses
Christmas tree sales,
subject to Section
T
T
T
T
X
X
T
T
9.100.080
Halloween pumpkin
sales, subject to Section
T
T
T
T
X
X
T
T
9.100.090
Stands selling fresh
produce in season,
T
T
T
T
X
X
T
T
subject to Section
9.100.100
Sidewalk sales, subject
T
T
T
T
T
T
X
to Section 9.100.130
T
Temporary outdoor
events, subject to
T
T
T
T
T
T
T
T
Section 9.100.140
Construction and guard
offices, subject to
T
T
T
T
T
T
T
Section 9.100.170
Use of relocatable
building, subject to
T
T
T
T
T
T
T
T
Section 9.100.180
Other Uses
Fortunetelling and
C X C X X
X X
24
Table 9-5 Permitted Uses in Nonresidential
Districts
P = Princ+pa4-Permitted
Y
f6
7+
use
A =Accessory use
20
L
°
_
C
r
t>
E
v
!=
v
E
C= Conditional use
c m
3 `m
d
E
E
E-
E
mit
0
0
0
M= Minor use permit
E
E
E
o f
o
r;
m
c U.
T= Temporary use
0
v v
m U
L
c
permit
U
Z
0
O
g
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
palmistry
Sexually oriented
businesses, subject to
C
X
X
X
X
X
X
X
Section 9.110.0807
Other uses not listed in this table: per Section 9.20.040, director of planning commission to
determine whether use is permitted
Notes:
1 Other than convenience stores. Items sold may include clothing, groceries, meat, drugs,
jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials
(except lumber yards), and similar retail items.
2 With no consumption of alcohol on the premises.
3 If part of a mixed -use project per Section 9.80.020 or 9.80.030.
4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, 9.60.270.
5 Subject to Section 9.100.120, Outdoor storage and display.
6 Mini -storage warehousing operating on December 17, 2008 (the effective date of -the
ordinance codified in this section), are considered legal, conforming land uses._Existing
facilities may be reconstructed if damaged, and may be modified or expanded within the
boundaries of the lot on which they occur as of December 17, 2008 with approval of a site
development permit. Any modification or expansion shall conform to the development
standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential
Development Standards.
7 Property must also be located within the SOB (sexually oriented business) overlay district.
(Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009;
Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1, 2005; Ord.
397 § 1 (Exh. A), 2004; Ord. 325 § 1 (Exh. A), 1998; Ord. 307 § 1, 1997; Ord. 299 §
1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.110 SPECIAL PURPOSE, DISTRICTS
Chapter 9.120 SPECIAL PURPOSE PERMITTED USES
25
Formatted: Space Before: 0 pt, After: 10 pt,
Don't add space between paragraphs of the
same style
Formatted: Font: (Default) Anal
9.120.010 Development permits required.
Table 9-8 of this chapter specifies whether a use or structure is permitted within a
zoning district. However, in most cases development to establish a land use requires
approval of a site development permit and/or other permits as set forth in Chapter
9.210. (Ord. 284 § 1 (Exh. A) (part), 1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those
uses and structures which are permitted within each special purpose district. The
letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "X": Prohibited in the district.
P = Permitted use
2
= Accessory use
d
f0
L
C = Conditional
m
m
o
C0
O
use permit
c
n
M
0 (Am
=
0
= Temporary use
R %
oo
y
a
d >+
�'
coo
permit
Y�
,�?
c
c
y N C
3 c
m
'y
= Prohibited use
d
o
c
o
= o>
0 M
a
� o
a.W
0
0
U-
x00
cnm
w
Qx
Land Use
JPR
GC
OS
FP
HC'
SOB*
EOD*
AHO*
Open space
Public parks, lakes
�P
**
**
i
and passive
recreation facilities
Playfields, lighted or
P
**
unlighted,
Bicycle, equestrian
P
and hiking trails
26
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= Permitted use
>a
2
T
= Accessory use
—
m
= Conditional
d
o
1 >
O
se permit
-o c
0
0
= Temporary use
'm
o
�
a
d
T
mtM
srmit
N
V
_
'a
°o
y
= Prohibited use
m 42
o
a.
o >
0 =
a
r- oo
dQ'
0
O
LL
2U0
fnm
W
Q2
;s and
ms.
IC-1 A I C I C I C
for centers.
bhouses and imunity I P. I A I X I X I X I X
Tennis clubs or
;omplexes, private,
3olf courses and
;ountry clubs,
ncluding C„
;lubhouses and
)ther customary
accessory uses
3olf courses
vithout above-
3round structures, C
ncluding fairways,
3reens, tees and
gns, subject to
ha ter 9.160
races and walls,
abject to Section
100.030
atellite dish and A A AI A A `.
27
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71 Formatted
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', Formatted
P = Permitted use
�a
T
= Accessory use
c —
m
C = Conditional
d
d
c>
O
use permit
= Temporary use
o o
R 'm
o
c
a
;�
d
0
2'
0
m
permit
Y
w
Cn
=
O
>a
a y=
V;
n
ayi
` .W
= Prohibited use
an d
—0
a.
O
= o>
N
a
� oo
dW
0
O
LL
200
!nm
W
Qx
i
other antennas,
J1'
subject to Section
9.100.070
Temporary outdoor
T�
T
T
T
T
**
events, subject to
�T
Section 9.100.040
Commercial
Filming, subject to
T
T
T
T
T
T
T
T
Section 9.210.050
Single-family
C
C'
**
residential
Multifamily
**
residential,
commercial (except
sexually oriented
**
businesses), office
or industrial
develo ment
Sexually oriented
businesses, subject
X,
C
**
o Section
--
9.140.050
Communication
towers and
equipment
C
C
C
C'
C
**
(freestanding, new
AC
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted to
M
**
existing facility)
subject to Chapter
9.170
Electrical
,
**
substations
28
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P = Permitted use
>
T
= Accessory use
c
C = Conditional
d
c
L>
O
use permit
o o
_
O
O
= Temporary use
m '�
o
0)
a
m >•
, 0
m e
permit
Y i
w
c
N ti
3
N
0
= Prohibited use
`m 0
o
o.
o
y o >
0 =
a
o'
aW
0
O
LL
Too
vim
w
Qx
P
P
P
'
**
ater wells and
pumpingstations
X.-
M
�
`*
Water tanks and
reservoirs
Public flood control
P
facilities and
devices
Medical marimuana
X
X
X
X
X
X—
X
—
X
dis ensaries
Uther principal,
accessory or
temporary uses not
listed above
(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
29
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Chapter 9.200 GENERAL PERMITTING PROCEDURES
9.200.010 Development review process.
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A.
Purpose. Chapters 9.200 through 9.260 set forth the procedures for
style
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)
A
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4
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9.200.020 Authority.
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A.
Decision -Making Authority. Table 9-23, following, specifies the decision-
paragraphs of the same style, No bullets or
making authority for each of the various actions described in this code. An
numbering
"A," "PH" or "CC" means that the official or body at the top of the column
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has decision -making authority for the application. An "A" means that the
paragraphs of the same style, Line spacing:
application is reviewed administratively without a public hearing. A "PH"
Multiple 1.15 li
means that a public hearing is required before action is taken. An "R(PH)"
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means that the planning commission is responsible for holding a public
style
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
A
PH
Site development LQQMG
permit —(;per
Minor use permit
A*
Minor adjustment
A*
Temporary use permit
A*
Home occupation permit
Sin permit
A*
Sign program
A*
P44
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,
** ****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
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r
ment [n3]: Should SDPs be an
inistrative process, with staff approval? (See
ussion under 9.210.010.
Comment [n4]: May be deleted if Home Occ.
Moved to Title 11.
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9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently on GRe app"GatoG, with eRe foe 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
32
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or negative declaration. The director shall determine the amount of funds
required to be deposited for the preparation of an environmental impact
report or negative declaration and shall advise the applicant of that amount
within ten days after the application is filed. (Ord. 284 § 1 (Exh. A), 1996)
9.200.060 Action by decision -making authority.
A. Possible Actions. The decision -making authority may take one of the
following actions on each application:
1. Approval. Simple approval of an application means that no conditions or
requirements other than those specified by the application are imposed.
After the action's effective date defined in subsection C of this section
and after approval of any required plan revisions per subsection D of
this section, the proposed land use or development may be established
in compliance with all applicable regulations and the approved project
plans and specifications.
2. GGRdit+aealApproval with Conditions. Any application may be approved
subject to compliance with conditions. Conditions may require
dedication of land, installation of improvements, the posting of financial
security to guarantee performance, design modifications or other
conditions necessary to achieve the objectives of the general plan and
this zoning code. After the action's effective date as defined in
subsection C of this section and after approval of any required plan
revisions per subsection D of this section, the proposed land use or
development may be established in compliance with all applicable
regulations, the approved project plans and specifications, and the
requirements of the conditions of approval.
3. Denial. When a conditional use permit or site development permit
application has been denied, an application for the same or a similar
use on the same property shall not thereafter be accepted for a period
of one year from the date of final determination, except that the
decision -making authority may specify that this time limitation shall not
apply. This time limitation on resubmittal of applications is not
applicable to other discretionary permits.
4. Withdrawal. With the concurrence of or at the request of the applicant,
any application may be withdrawn. When an application is withdrawn,
such action is effective immediately and is not subject to appeal.
Thereafter, such application shall be null and void and the property
shall have the same status as if no application had been filed.
B. Action in Writing. The decision on each application, including any required
findings and any other reasons that serve to explain the determination plus
all conditions of approval shall be in writing. A copy of the written
determination shall be forwarded to the applicant following the date of final
determination and shall be made available at cost to any person requesting
such a copy.
33
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C. Effective Date. The determination of the decision -making authority by
Resolution shall be effective fifteen calendar days after the da+mot"�
deGesien ismade and after all appeals Of any, have been aGte l en pe
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 aPA—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
34
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of the approval or within such other time period designated by the
approval:
1. In the case of a development review permit where ministerial permits
are required, such permits have been issued.
2. In the case of a development review permit where no ministerial permits
are required, the use authorized by the permit has been established. In
circumstances where a certificate of occupancy is required, such
certificate has been issued.
C. Expiration. A development review permit shall expire and be of no further
force or effect if:
1. The permit is not established within twenty-four months of the permits
effective date or such other time period designated by the permit
approval, by state law or by this code; or
2. After establishment, the use or activity for which the permit was
approved is discontinued or abandoned for a period of one year.
D. Time Extensions.
1. Upon application before expiration of the period of validity, the original
decision -making authority may grant an extension to the period of
validity for up to two years if it finds that such an extension is justified by
the circumstances of the project. The filing of an application for
extension shall stay expiration of the permit until action is taken on the
time extension by the decision -making authority unless the application
has been deemed incomplete and inactive pursuant to Section
9.200.070(B). Development Review Permits can be extended no more
than twir.P
2. Projects not requiring a time extension may be constructed in
accordance with the requirements and standards in effect at the time of
permit approval provided the construction complies with all project
conditions of approval and all laws in effect at the time of the permit
approval. However, any project or permit requiring a time extension
shall conform to the requirements and standards in effect at the time
the extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A),
1996)
E. Amendments to development review permits.
A-1. Content of Amendments. Permit amendments are required for -
substantial revisions to conditions of approval, alterations to approved
plans which are more substantial than the modifications provided for in
Section 9.200.090 new or additional land uses, or similar major
chanaes.
9-.2. Procedures. A development review permit may be amended any
number of times by the approval of a subsequent application. All permit
amendments shall be for the same parcel or property for which a
development review permit was previously approved. Amendments
shall be filed prior to the expiration of the previously approved permit in
compliance with the same filing procedures and payment of the fee
35
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required for an amendment. Amendments shall be processed in the
same manner as an original application. (Ord. 325 § 1 (Exh. A), 1998:
Ord. 284 § 1 (Exh. A). 1996)
9.200.090 Modifications by applicant.
A. Plan Modifications by Applicant. Site development permit and Village
permit plans modified at the initiative of the applicant from those approved
by the decision -making authority may be submitted to the director.
B. Procedures. If the director determines that the proposed plan modification
is minor, will not result in a significant change in the project approved by
the decision -making authority, and complies with the spirit and intent of the
original approving action, the director may approve the modified plan
without further compliance with this section. If the director determines that
the plan modification may result in a significant change in the project, the
director shall refer the change to the original decision -making authority.
C. Criteria. Modifications by applicant shall permit minor changes to an
existing or approved site development permit er Village use permi+ 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,
0n,'Yd;ng the r al of W-4 . victor fo-afi r 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 er amended Village
use -
permit. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996)
36
9.200.110 Public hearings.
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A. Applicable State Law. Public hearings required for development review
actions shall be carried out in accordance with the procedures set forth in
this section. It is intended that the provisions of this section shall be fully
consistent and in full compliance with Section 65090 et seq., of the State
Government Code and that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to State Government Code Section
65093, the failure of any person to receive notice shall not constitute
grounds for any court to invalidate the action of the decision -making
authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with
subsection D of this section and then held by the decision -making authority
prior to action on the relevant application. At the public hearing, the
decision -making authority may take action on the application, continue the
application to a specified date, or take the application under submission.
An application taken under submission may later be taken out of
submission for the purpose of taking action on the application without
scheduling a new public hearing provided no additional testimony is heard
and no further evidence is presented. Further testimony may be heard and
further evidence may be presented regarding an application taken under
submission only if a new public hearing is held in compliance with this
section.
D. Noticing Requirements. Not less than ten days prior to hearing. The city
shall:
1. Mail or deliver a public notice, which includes the date, time and place
of the hearing, the application number, the applicants name, the
37
location of the property affected, and a description of the land use,
development or other action proposed, to:
a. The owner of the subject real property,
b. The owners authorized agent, if any,
c. The project applicant,
d. Each local agency expected to provide water, sewage, street, roads,
schools or other essential facilities or services to the project,
e. All owners of real property as shown on the last equalized
assessment roll within five hundred feet of the subject real property.
If the number of owners to whom notice would be mailed is greater
than one thousand, the city may instead place a display
advertisement of at least one -eighth page in a newspaper of general
circulation; and
2. Publish a legal notice in a newspaper of general circulation or post a
notice at two public places in the city and one place at the subject site.
E. Additional Notice. The planning director may require that additional notice
be given by enlarging the notification radius or by other means determined
by the director.
F. Other Notice. The city shall also provide any other notice required by law.
(Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A),
1996)
9.200.120 Appeals.
A. —Appealable Decisions. Any development review action by the director may
be appealed to the planning commission and any development review
action by the planning commission may be appealed to the city council in
compliance with the provisions of this section.
nlonn!R- GOMMISSIOR shall-
the Gity G nil shall G notit Ute the board of appeals for deeioir-r,e y bthe
GB. 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.
GC. 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 pRlanninq cGommission's
or cGity cGouncil's' call-up review shall be processed in accordance with
s bSeGtie., C of this section and m , he a e.J at a y time prier to the
expiratiOR of fifteen days from the .Jute O .,hieh the d is i n e
38
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E-. D. Appeal Procedures.
1. Time Limits for Filing Appeals.
a. All appeals, except call-up reviews pursuant to Subdivision C,�
shall be filed with the director within fifteen calendar days of the date on
which the decision being appealed was rendered. If the fifteenth day is
a nonworking day for the city, the appeal period shall be extended to
include the next city working day. No appeal shall be accepted after the
appeal period has expired.
fib. A request for call-up review pursuant to Subdivision C shall be -
initiated by a member of a board of appeals (either the planning
commission or city council) delivering written request for call-up review
to the city manager or his/her designee within fifteen calendar days of
the date on which the decision of the director or the planning
commission (as applicable) was rendered. Upon timely receipt of the
request for call-up review, the city manager or his/her designee shall
schedule as an agenda item at the next regular meeting of the board of
appeals, on which the member calling up review is seated, the question
whether an appeal shall be considered for the decision subject to Gall-
up review. If the next regular meeting of the board of appeals is
cancelled, the city manager or his/her designee shall reschedule the
question whether an appeal shall be considered at the next regular
meeting that is not cancelled. No appeal may be heard on a decision
subject to call-up review unless a majority of the membership of the
board of appeals votes to approve the consideration of the appeal. The
board of appeals shall consider the appeal that was subject to call-up
review not later than forty-five days after the board of appeals votes to
approve consideration of the appeal. An appeal may be heard and
decided at the same meeting at which the majority of the membership
voted to approve the call-up review, provided no applicable law would
be violated if the hearing of an appeal occurs at the same meeting. A
member of the city council may initiate the call-up review process for a
director's decision on a development review permit, without the need for
review of that decision by the planning commission, in which case an
appeal of the decision subject to call-up review may be considered
directly by the city council if a majority of the membership of the city
council vote to approve the consideration of the appeal pursuant to this
section.
2. Required Documents. Each appeal, except for call-up reviews i�+tiaed
by a board of appeals on its own moti , shall be in writing and shall
include all grounds for the appeal and sufficient information so as to
make it clear to the board ef appealsplanning cSommission or cSity
cSouncil 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
39
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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 p�lanning cSommission
or cGity cGouncil -all documents and information on file pertinent to the
appeal together with the minutes or official action of the decision -
making authority and a report on the basis of the decision.
4. Public Hearing Requirements. If the original approving action did not
require a public hearing, the appeal review shall not require a public
hearing. If the original approving action required a public hearing, the
appeal review shall also require a public hearing. Notice and scheduling
requirements for an appeal hearing shall be the same as those for an
original hearing as described in Section 9.200.110.
5. Issues to be Considered. The beard ef appe pRlanninq cGommission
or cGity cGouncil-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 pRianninq cGommission or cGity
cGouncil beard ef app 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 pP-lanninq
cGommission or cGity cGouncil beard 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 pRianning
cGommission or cGity cGouncilboard 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.
4-.7. Majority Vote. Action by the pPlanning cGommission or cGity cGouncil--
beard of appeals to reverse or modify an appealed decision shall require a
majority vote of appeal board members present. If there is a tie vote, the
original decision shall stand. (Ord. 284 § 1 (Exh. A), 1996)
9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked
by the decision -making authority or the city council pursuant to the
provisions of this section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information.
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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
9.210.010 A"Site 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 anv land uses associated with the
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development shall be in comDliance 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 Allpermits shall PFOGessed by the Planning nnmmiooiOn per th'c
ce�.The Director shall be the Decision Making Authority for the
following protects:
a. New office or commercial buildings no more than 10,000 square feet
that are not part of an approved master commercial development or
Specific Plan.
b. New building construction or remodeling (single and multiple family
residential, office, commercial and/or institutional) and landscape
plans within an approved Specific Plan.
c. New buildings on vacant pads within an approved commercial
development.
d. New single family models and landscaping plans in an approved
tentative tract map.
Vie.
2. The Planning Commission shall be the Decision Making Authority for
the following projects:
a. New office or commercial buildings of more than 10,000 square feet
that are not part of an approved master commercial development or
Specific Plan.
b. New multi -family buildings and landscaping no part of an approved
Specific Plan.
c. New Mixed Use buildings and landscaping plans.
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ealenrdar, er she ld the Planning Gerpm'scien'c ae+'n not he approved as
a consent calendar item the permit shell be noticed for public hearing
hefere the City Ge eil City Ce inoi"S review of the 'tern shall fully eensirder
the a pliea+ien
E. Precise Development -Plan. Upon approval a site development nermi -
senstitWt8s—awes+se de"el anent nla . Therefore, all de„el enauthorized under a site development permit and any land uses associated
with rde + ell he I' '+h t# land s GifiGa+ions
�,-r- the r�enr ��cen�ce�r- the r
and GenditieRS Gf a ,al she OR and/er attached +e the a ,ed
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.
�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.
b-7. Landscape Design. Project landscaping, including, but not
limited to, the location, type, size, color, texture and coverage of plant
materials, has been designed so as to provide visual relief, complement
buildings, visually emphasize prominent design elements and vistas,
screen undesirable views, provide a harmonious transition between
adjacent land uses and between development and open space, and
provide an overall unifying influence to enhance the visual continuity of
the project.
7 Sign Prggrarno Per SeGtien 9.160.090 (Sign p .nit r W) ender to
planned sign program the rleeision_makiR authority m s+
finrd that:
fondcr-n-ruy
a. The —sign �pregrar'mn is Gensisten+ with the purpose and iRten of
Chapter 9.160 (Signs);
b. The sign program is inn harmony with and visually related +e:
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i All signs within the planned sign pregram, via the in ra+ien
of several remmon design elements sUGh as materials totter
style eleFSy i illmina+ien n type shone �
H. The Buildings They Identify. This may be aseeMplsshed—bp
WtiliZiRggmaterials, 66IGF, eF desgTlTVoff 'fnfGluded-I-the
building being identified,
Surrounding Development Implementa+ien of the planned sign
prenram will net adversely affes+ s ending land uses er
ebSGUre adianent senfermin.. s
G. Appeals. Appeals to decisions on -site development permits shall be -
reviewed pursuant to Section 9.200.120.
H. Expiration and Time Extensions. The period of validity for establishment or
time extension of a site development permit is pne "ear frpm its effer.tiv e
date as defined in 9est+car-9.280-060Tie—exteRsiens may be
graetedshall be pursuant to Section 9.200.080.E
I. Amendments. Amendments to site development permits shall be
processed pursuant to Section 9.200.100.
J. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the site development permit.
(Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Conditional use permits
A. Purpose. The purpose of a conditional use permit or minor use permit is to
provide for individual approval or denial of land uses requiring such permits
under this code. Uses requiring these permits have potential for adverse
impacts on surrounding properties, residents or businesses. Therefore,
when such uses are approved, conditions are placed on their
establishment and operation to mitigate or eliminate such impacts. der
purpeses of this seGtir,n the term LisePeFmit" insludes hpth r•pnditienal
use and miner usepermite
B. Definitions.,See Chapter 9.280.
C. Applicability. A conditional use permit or a minor use permit is required for
all land uses identified in this code as requiring such permits.
D. Decision -Making Authority. Conditional use permits shall be reviewed by
the planning commission in conjunction with a public hearing held pursuant
to Section 9.200.110. Ma EW Use permits shall bePFocessed
admipistra+iyel„ by the planning direr.ter p ant to Sep+ten 9.200.
n7n
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.
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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
ner --- norm•+•
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 akin authority m impose a tome limitation
establ'shMe t of use, as defined OR SestiOR 9.200.080, and/or m
establish an expiration date on the use permit •+self. Time extensions
I. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200A98080.
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)
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
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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.
The use Dermit may be modified or revoked by the Citv Council. or
Planning Commission, should they determine that the proposed uses or
conditions under which it is being operated or maintained is detrimental to
the public health, welfare, or materially injurious to property, or
improvements in the vicinity, or if the property is operated or maintained, so
as to constitute a public nuisance. (Ord. 489 1, 2011; Ord. 325 1 (Exh.
A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210.030 Variances.
A. Purpose. The purpose of a variance Perrp-i' 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 Dermit shall be in comDliance with
the plans, specifications and conditions of approval shown on and/or
attached to the approved permit,
B. Applicability. A variance pe mit is required for any development which is
not consistent with applicable site development standards or other
regulations of this code and which is not eligible for consideration as a
minor adjustment pursuant to Section 9.210.040.
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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. PFes+se Development Plan. I Inn approval, -PFMit eenst+tutes a
res+se develepment plan. Therefore, any develepment e. ethe. aGtiV*ty
authorized rl + shall be liars h the lone
au�ze �„Qer su—�pe�r�;�����n esn,;�..u,Tee w+t�-p.�.,,T
speGifina+inns and Gendi+inns of a ,al sheen n and/er a++ashed to the
approved permit.
€- 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.
7. No Special Privileges. The variance's -perpAls-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.
47
G. The deGiSiGR rnakiRg aa+therity may impese a time —i*ri+ on
establishment -v the variance hermit, as defined in Section9.200.080.
Time exteRS'eRS may ben anted pursuant to SeGtien 9.200.080.
K.F. Amendments. Amendments to variance permits shall be processed
pursuant to Section 9.200.400080
4-.G. Staff Certification of Construction Documents. If development is
provided for under the variance it, prior to issuance of a building
permit the director shall certify that final construction documents conform to
preliminary plans (schematic elevations, preliminary site and landscape
plans, etc.) approved as part of the variance. (Ord. 284 § 1 (Exh. A), 1996)
9.210.040 Minor adjustments.
A. Purpose. The purpose of a minor adjustment permit is to provide for minor
deviations from certain specific development standards set forth in this
code.
B. Definition. See Chapter 9.280.
C. Applicability. A minor adjustment permit may be approved only for
deviations of up to ten percent of a numerical development standard (for
example, a reduction of one foot from a ten -foot setback requirement) for
an approved or proposed map; approved or proposed development permit
review; single family home building permiter fer deviations speGifi^
;._on+ifio.+ in this ,ode. Other deviations shall require consideration of a
variance pursuant to Section 9.210.030. Only one setba-kUp to three
adjustments per lot shall be allowed. Example aR „+i„S+..,on+ of the fr.,nand rear yard Shall Rot be appreved.
D. Decision -Making Authority. Minor adjustments shall be reviewed
administratively by the director pursuant to Section 9.200.020 unless
combined with another application which requires discretionary review by
the planning commission or city council pursuant to Section 9.200.030 and
9.200.090.B.
E. Conditions of Approval. If a minor adjustment is approved, conditions may
be placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
F. Precise Devekepment PlaR. Upen appreval, a miner adjustment perr it
eenst+tutes—arise dev=elepm ent plaR. Therefere—aA_ny 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.
48
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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 llmltatlnn OR establishment of the, MiRer adj Uo+ment n mi+
as defined in S8Gtien 9.200.080. Time extensiens may he granted pursuant
te .The minor adjustment will expire at the same time as
the primary building or planning permit.
J. Amendments to Minor Adjustment Permits. Amendments to minor
adjustments shall be processed pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a
building permit, the director shall certify that final construction documents
conform to preliminary plans (schematic elevations, preliminary site and
landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1
(Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210.050 Temporary use permits.
A. Purpose. The purpose of a temporary use permit is to regulate certain
temporary land uses and activities to ensure that adverse impacts on
surrounding properties, residents and businesses are minimized, that the
time limitations for temporary uses are specified and complied with, and
that the site of the temporary use is restored to its condition prior to
establishment.
B. Applicability. A temporary use permit is required for temporary uses
permitted under this code.
C. Decision -Making Authority. Temporary use permits shall be reviewed
administratively by the director pursuant to Section 9.200.020.
D. Conditions of Approval. If a temporary use is approved, conditions may be
placed on the permit to mitigate or eliminate adverse impacts on
surrounding properties, residents or businesses.
E. PFes+se Development PlaR. UPa; aPpFeval, a temporary use pe mit
eenstitetes aPFec+se develOpMent plaR. Therefor�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.
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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.
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:
4G. 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.
3I.A home occupation shall be conducted only within the enclosed living area
of the dwelling unit or within the garage provided no garage space required
for off-street parking is used. The home occupation shall not occupy more
than twenty-five percent of the combined floor area of the house and
garage.
4J. A home occupation shall not be conducted within a detached accessory
structure, although materials may be stored in such a structure.
-5K. 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
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than a residence, either by color, materials, construction, lighting, sounds,
vibrations or other characteristics.
6-1. 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.
TM. 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.
9.0. Medical, dental or similar occupations in which patients are seen in the
home are prohibited.
40-.P. All conditions attached to the home occupation permit shall be fully
complied with at all times. (Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.220 ZONE MAP CHANGES AND CODE AMENDMENTS
9.220.010 Zone map changes and prezoning.
A. Purpose. A zone map change is a develepment review action by
the city council to change the zone designation of a property or properties
on the official zoning map. A prezoning is the zoning of property outside
the city's boundaries in anticipation of annexation into the city. For
purposes of this code, prezonings are included within the term "zone
change."
B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65853 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply.
1. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
2. The city council by a majority vote;
3. The planning commission by a majority vote; or
4. The planning director.
D. Review Procedures.
1. Zone changes shall be approved, approved with modifications or
denied by ordinance of the city council after receipt of testimony at a
public hearing held pursuant to Section 9.200.110.
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2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation 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. Cede Text amendments shall be reviewed under the
same procedures as zone map changes as set forth in Section 9.220.010.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any eede text amendment:
1. Consistency with General Plan. The code amendment is consistent with
the goals, objectives and policies of the general plan.
52
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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.
F1. 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)
14-.2.
�F.Review Procedures.
1 . General Plan elements sp ec+#i ed as mandatery in the State
GOVernmen+ Code may he amended n an+ tG Git y r.eU RGil Resel6 lien
20000 77. EaGh a nrlmen+ m ORGlude mere than eRe nhanr.e to the
general plan.
7. The limitation on frequenG y of a Rdmen+s to the general plan set forth
L
in subseet en(€)(1�) of this eGt' does Rot apply to residential
deyelenmen+ n er•+s with at least twee+y_fiye n ent of the dwelli 4
units to he a ied by PeFSORS r families of low or moderate in
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284§1 (Exh. A), 1996)
53
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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.
�G. Required Findings. The following findings shall be made by the city -
council prior to the approval of a general plan amendment:
1. Internal General Plan Consistency. The General Plan amendment is
internally consistent with those goals, objectives and policies of the
general plan which are not being amended.
2. Public Welfare. Approval of the General Plan amendment will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. General Plan Compatibility. In the case of amendments to the general
plan policy diagram, the new designation is compatible with the
designations on adjacent properties.
4. Property Suitability. In the case of amendments to the general plan
policy diagram, the new designation is suitable and appropriate for the
subject property.
5. Change in Circumstances. In the case of amendments to the general
plan policy diagram, approval of the amendment is warranted because
the situation and the general conditions of the property have
substantially changed since the existing designation was imposed.
(Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.240 SPECIFIC PLANS
9.240.010 Specific plan review.
A. Purpose. A specific plan is a detailed plan covering a selected area of the
city for the purpose of implementation of the general plan.
54
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B. Applicable State Law. It is intended that the provisions of this section shall
be fully consistent and in full compliance with Section 65450 et seq., of the
State Government Code and that such provisions shall be so construed.
C. Who May Apply. A specific plan or specific plan amendment application
may be initiated by:
1. The city council
2. The owner of the property or by the owners agent (with written
notarized authorization from the owner);
3. The planning commission by a majority vote; or
4. The planning director.
D. Review Procedures. Specific plans shall be prepared, adopted and
amended in the same manner as the general plan, except that a specific
plan may be adopted either by resolution or ordinance.
E. Required Findings. The following findings shall be made by the city council
prior to approval of any specific plan or specific plan amendment:
1. Consistency with General Plan. The plan or amendment is consistent
with the goals, objectives, and policies of the general plan.
2. Public Welfare. Approval of the Specific Pplan or amendment will not
create conditions materially detrimental to the public health, safety and
general welfare.
3. Land Use Compatibility. The specific plan is compatible with zoning on
adjacent properties.
F. Property Suitability. The specific plan is suitable and appropriate for the
subject property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A),
1996)
Chapter 9.250 OTHER ACTIONS
9.2-69250.020 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 9
potential paGtsiRGIude but are RGt limited--«E and air
seils, geology and/. y,y, b+� seTsrxieithydrologpEAG Fesoees, aFGheelog
paleen#II and
GCITCt. ral Fr�ArGeS,�Qse and ZGRing,
traffiG, PlGiSe,
aesthetics, light and glare, health and safety, public services and utilities,
aR d +hreateRed ., or,.•I- Rgere d SpeGieS.(Ord 294 § 1 (Exh A) (part) 1996)
55
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9.250.030 Development agreements.
A. Purpose. A development agreement is a daSGF ,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
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
56
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0
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.
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.
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.
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.
Hearing and Recommendation of Planning Commission. The planning
commission shall hold a public hearing on the proposed development
agreement at the time and place specified in the notice of intention. The
planning commission shall make its recommendation to the city council
in writing within thirty days of the date set for the public hearing. The
recommendation shall include whether or not the proposed
development agreement:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the general plan and any applicable specific
plan;
b. Is compatible with the uses authorized in and the regulations
prescribed for the land use district in which the real property is
located;
c. Is in conformity with the public necessity, public convenience,
general welfare and good land use practices;
d. Will be detrimental to the health, safety and general welfare;
e. Will adversely affect the orderly development of property or the
preservation of property values;
f. Will have a positive fiscal impact on the city.
57
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.
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
58
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)
Chapter 9.60.015?? 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
59
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 protects 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 prolect'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
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 communitv as a whole. Amenities can include:
60
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• Passive park, at least '/2 acre in size, and not including retentionnumbering
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basins 1" + Indent at: 1.25"
• 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 preen, driving range or similar golf -oriented area
• Par course
• Off-street continuous trail or paseo (allowing a loop through the
ro'ect
• Community garden
• Daycare center or similar children's activity building
• Other facilities as determined appropriate by the Director
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A minimum number of amenities shall be provided based on the numbering
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0-25 units 2 amenities color: Black
26-50 units 3 amenities
51-100 units 4 amenities
101 or more units 5 amenities
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4. Parkina: Parkina shall be Drovided consistent with ChaDter 9.150. As color: Black
provided in that Chapter, variations from parking requirements can be
proposed in a PUD, with appropriate substantiation.
5. Signage. Signage shall be provided consistent with Chapter 9.160.
O. Required Findings. The following findings shall be made by the decision -
making authority prior to the approval of any Planned Unit Development:
8. Consistency with General Plan. The project is consistent with the
general plan.
9. Consistency with Zoning Code. The protect 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 Qualitv Act.
61
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
q!b
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.
62
Title 8 Buildings and Construction Ad Hoc Edits
8.13.030 Provisions for new or rehabilitated landscapes.)
A. Applicability.
1. Except as provided in subsection (A)(3) of this section, this section shall
apply to:
a. All new construction and rehabilitated landscaping for private, public,
commercial and governmental development projects; and
b. All new construction and rehabilitated landscaping in single-family tracts
and multifamily projects.
2. Projects subject to this section shall conform to the provisions in this section.
3. This section shall not apply to:
a. ResadeRt h.,Mor,W. eF provided a. d/er hr,.r,or,Wr,or_hired I.-,.,.Jo..a.,iRgm t
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 protects, with no new or
expansion of existing landscaped area(s) involved;
Ed. 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 Pask-ageReguirements.
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 GGpies of +h^The final landscaping plan submittal ^^ fGFFn;ng t^ this
GhapterappIication shall be submitted to the city in accordance with the
requirements and information as stipulated on the City application form. No
+tCity-approval shall be issued until the city and the local water purveyor
Fevie s and appFe eshave reviewed and accepted the landscape
documentation package. or;^r to r r,t,^., and s bl'FliSSOO , of the final
Comment [WN1]: Much of this Section wilt
need revision based on the new draft CVWD
revised model ordinance
Title 8 Buildings and Construction Ad Hoc Edits
landSGaninn plan submittal, .with the 0 eptien of rehabilitated er hGmo_
If
applicable, the final landscape plan submittal shall substantially conform to
the proiect's preliminary landscape plan as approved !by the planning
R.for the prolect.1
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.
ICI. Elements of Final Landscaping Plan Submittal.
Chapter 8.80 GRADING
8.80.010 Purpose and intent.
A. Generally. The purpose of this chapter is to safeguard life, limb, health, property and
public welfare by establishing minimum requirements for regulating grading and
procedures by which these requirements may be enforced.
B. Scope. No person shall make, alter or maintain any excavation or fill except as
provided by this chapter.
Exception: The provisions of this chapter shall not apply to the following:
1. Work accomplished under the auspices of land owned and controlled by the
United States of America or by the State of California.
2. Work in a public right of way, drains and drainage structures constructed by or
under contract with the city or county flood control district unless the structure
forms a portion of the support for a building or a structure coming within the
jurisdiction of the building and safety department.
C. Permissive Provisions. The permissive provisions of this chapter do not waive, and
shall not be presumed to waive, any limitations imposed by other statutes or ordinances
of the state or city.
D. Limitations. If two or more pertinent limitations are not identical, those limitations
shall prevail which provide the greater safety to life, limb, health, property, and public
welfare.
Comment [WN2]: Eliminated PC review per
Ad Hoc commentary of 10/28.
Comment [WN3]: Per Comment 1, no
changes to 8.13.030.0 and subsequent
sections are proposed so they are not included
here. The new CVWD ordinance will need to be
incorporated which will replace the remainder
of this Section.
Title 8 Buildings and Construction Ad Hoc Edits
PFGjeGt; the type Of WRit GeleGted must be used eXGIUS*Vely thrGughout that prejeGt
rmmplyinn with the r nts of this nhapter. (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.
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
said Ger+if'Ga+o 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
materfai i either o .a+iOR er fill whinheyer is the greater a Rt Rd shall
* nclude the cost of all retaining walls, drainage structures, erosion control, and ot
protective devices a „ lawfully be required (Ord 496 § 1, 22004-) determined by
the method outlined in Enaineerina Bulletin #04-09. which is available via the Citv
website at www.la-guinta.org.
4
ATTACHMENT 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
Review
Inefficiency/Challenge
Possible Improvement
tcome
Ad Hoc
SectionCode
P• •DirectionL
9.40.040
Housing types not
-Specific Plans require
Create new Code Provisions for Planned
Savings in
Acceptable
Permitted
permitted by right in
lengthier processing
Unit Development Permits
Time
changes
Uses in
specific residential
times, subject to SB
Maximum flexibility from existing
Money
Residential
zones require approval
18, and can be costly
development standards for
District
of a Specific Plan (pg 1-
to prepare.
residential projects, except
2)
-Creative housing
Public Works Street
types and project
Specifications and density-e-nd
designs are not
iondscape setharks.
allowed within the
Allow the final review authority
scope of the Code.
to be Planning Commission
-Creates staff
Approval
challenge for tracking
See Page 59-60
multiple standards for
Specific Plans
9.40.040
Duplexes (two units on
-Specific Plan a
-Prohibit in Cove Residential Zone.
Easier to
Permitted
the some lot) (pg 2)
challenge for small
understand
Uses in
lots in cove and may
Residential
not be desired
District
9.40.040
Townhomes and
-Require a Specific
-Allow as a Permitted Use in Medium
0 Savings in
Permitted
Condominiums Land
Plan in Medium
Density Residential Zone
Time
Uses in
Use (pg 2)
Density Residential
0 Money
Residential
Zone
District
9.40.040
Condominium
-Condominium
-Allow as a permitted use in the Medium
• Flexibility
Permitted
multifamily ("airspace"
multifamily is
Density Residential Zone
Uses in
units)
compatible in the
Residential
Medium Density
District
Residential Zone
9.40.040
Resort Residential Land
-Requires a CUP and
-Allow as a Permitted Use in all
Savings in
Permitted
Use (pg 3)
approval at the
Residential Zones except Cove
Time
Page 1 of 17
9
M
Z
Uses in
Planning Commission
Residential Zone
0 Money
Residential
-No review
District
9.40.040
Senior Group Housing
-Not allowed in
-Allow as a Minor Use Permit in Medium
0 Savings in
Permitted
(pg 5)
Medium Density
Density, Medium -High Density and High
Time
Uses in
Residential
Density Residential zones
0 Money
Residential
-Requires Planning
-Administrative Level Review
District
Commission approval
as a CUP in Medium
High Density and
High Density
Residential zones
9.40.040
Bed and Breakfast (pg
-Requires a
-Allow as Minor Use Permit in all
0 Savings in
Permitted
5)
Conditional Use
residential zones
Time
Uses in
Permit
-Administrative Level Review
0 Money
Residential
District
9.40.040
Cottage Food
-Requires a Minor Use
-Permit by right since Riverside County
e Savings in
Permitted
Operations (pg 5)
Permit
Environmental Health conducts health
Time
Uses in
- Riverside County
inspections and City currently does not
. Money
Residential
Environmental Health
reviews.
District
conducts health
inspections
-unnecessary
9.40.040
Lighted tennis and
-Requires a
-Allow as Minor Use Permit in Medium
0 Savings in
Permitted
other game courts on
Conditional Use
Density Residential, Medium High
Time
Uses in
private property (pg 6)
Permit in Medium
Density Residential and High Density
. Money
Residential
Density Residential,
Residential zones
District
Medium High Density
-Administrative Level Review
Residential and High
Density Residential
zones
-Does this really need
a public hearing?
9.40.040
Stand Alone Driving
-Requires a CUP
-Allow as Minor Use Permit in all
Savings in
Page 2 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Permitted
Range (pg 6)
-impacts can be
residential zones except Cove
Time
Uses in
evaluated at staff
Residential
. Money
Residential
level
-Administrative Level Review
District
9.40.040
Home Occupations (pg
-Doesn't make sense
-Move to Title 8
0 Easier to
Permitted
7)
in this table and is
Understand
Uses in
handled entirely by
Residential
code enforcement
District
9.40.040
Museum or gallery
-Conditional Use
-Allow as Minor Use Permit in all
0 Savings in
Permitted
displaying sculpture,
Permit unnecessary
Residential Zones.
Time
Uses in
artwork or crafts (pg
-Impacts can be
-Administrative Level Review
. Money
Residential
11)
evaluated at staff
District
level or will already be
evaluated with SDP if
new construction
9.40.040
Recreational vehicle
-doesn't permit in
-Allow as an accessory use in all
0 Easier to
Permitted
storage lots,
Very Low Density or
residential zones if associated with a
understand
Uses in
associated with a
Low Density
planned community and therefore can
0 Potential
Residential
planned community
Residential zones
be located to minimize impacts to
savings to
District
(pg 11)
when there is a need
residents.
residents in
to store these
storage fees
vehicles.
0 Reduce
demand for
code
enforcement
services
9.80.040
Retail stores under
-doesn't make sense
-Allow as permitted use in all non-
0 Easier to
Permitted
10,000 sq. ft. of floor
to be an accessory
residential zones, except Major
understand
Uses in
area per business (pg
use in Commercial
Community Facilities zone.
0 Encourage
Nonresidenti
14)
Park, Tourist, or
development
al Districts
Office Commercial
zones
9.80.040
Retail stores,10,000—
-Requires CUP
-Allow as a permitted use in Commercial
. Savings in
Acceptable
Permitted
50,000 sq. ft. floor area
approval by Planning
Park, Community Commercial,
Time
changes
Uses in
(pg 14)
Commission in
Neighborhood Commercial, and Village
Money
Nonresidenti
Commercial Park,
Commercial Zones.
Page 3 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
at Districts
Community
Commercial, and
Neighborhood
Commercial Zone
-No reason why a CUP
is necessary if new
construction requires
an SDP.
9.80.040
Retail stores, over
-CUP required for
-Allow as permitted use in Regional
0 Savings in
0 Acceptable
Permitted
50,000 sq. ft. floor area
Regional Commercial
Commercial.
Time
changes
Uses in
(pg 14)
and Community
-Allow as a minor use permit in
0 Money
Nonresidenti
Commercial Zones
Community Commercial since the scale
at Districts
-No reason why a CUP
of commercial in this zone is intended for
is needed for this use
smaller scale commercial. The minor use
in these zones.
permit allows for any impacts to be
addressed through conditions of
approval.
-Not permitted in the Village
Commercial Zone
9.80.040
Food, liquor and
-Requires a CUP for
-Allows as minor use permit in the
0 Savings in
Not
Permitted
convenience stores
Regional Commercial,
Regional Commercial, Community
Time
presented at
Uses in
under 10,000 sq. ft.
Community
Commercial, Neighborhood Commercial,
. Money
Ad -Hoc
Nonresidenti
floor area, open 18 or
Commercial,
Tourist Commercial, and Village
Meeting #2-
al Districts
more hours/day (pg 14)
Neighborhood
Commercial zone.
Direction
Commercial, Tourist
-Administrative Level Review
needed.
Commercial, and
Village Commercial
zones
-Impacts related to
the proposed use can
be conditioned at the
administrative level.
9.80.040
Plant nurseries and
-Requires a CUP in the
-Permit by right in Regional Commercial,
• Savings in
Permitted
garden supply stores,
Regional Commercial,
Community Commercial, Neighborhood
Time
Uses in
with no propagation of
Community
Commercial, and Village Commercial
0 Money
Nonresidenti
plants on the premises,
Commercial,
zones
al Districts
subject to Section
Neighborhood
Page 4 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
9.100.120 (pg 15)
Commercial zones
-No reason why they
shouldn't be allowed
9.80.040
General and
-No reason why not to
-Allow as permitted use in the
0 Easier to
Permitted
professional offices (pg
allow in Commercial
Commercial Park or major Community
understand
Uses in
15)
Park or major
Facilities zones
0 Encourages
Nonresidenti
Community Facilities
investment,
al Districts
zones
development
9.80.040
Medical offices—
-No reason why not
-Allow as permitted use in Commercial
0 Easier to
Permitted
physicians, dentists,
permitted in
Park zone
understand
Uses in
optometrists,
Commercial Park
0 Encourages
Nonresidenti
chiropractors and
zone
investment,
al Districts
similar practitioners
development
(pg 15)
9.80.040
Surgicenters/ medical
-No reason why not
-Allow as permitted use in Commercial
0 Easier to
Permitted
clinics (pg 16)
permitted in
Park zone
understand
Uses in
Commercial Park
0 Encourages
Nonresidenti
zone
investment,
at Districts
development
9.80.040
Veterinary
-No reason this should
-Allow as a Minor Use Permit in Regional
• Savings in
Permitted
clinics/animal hospitals
be a CUP approval at
Commercial, Commercial Park,
Time
Uses in
and pet boarding
Planning Commission.
Community Commercial, Neighborhood
Money
Nonresidenti
(indoor only) (pg 16)
-Can be reviewed at
Commercial and Village Commercial
al Districts
administrative level
Zones
-Administrative Level Review
9.80.040
Restaurants, drive-
-Not permitted in
-Allow as ^ permitted use iR
Encourages
No change
Permitted
through (pg 16)
Neighborhood
Ne*g bGrhG^a Ca-mm^r-^i^'
investment,
Uses in
Cmmn^e�..:
development
Nonresidenti
r^,wegt CarnmPrei^i
al Districts
Zones
-Limits development
opportunities
9.80.040
Restaurants, counter
-We may want to
-Allow as an Accessory use
Encourages
Permitted
take-out with ancillary
allow restaurants and
investment,
Page 5 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Uses in
seating, such as
lessees in Public
development
Nonresidenti
yogurt, ice cream,
Facilities
al Districts
pastry shops and
similar (pg 16)
9$0.049
Mirrn_hrewer OF WIRe-Net
a n+l„ a laved
_Add as a new land use.
. cam
. Acceptable
Pprmitttnd
tasting, accessory to
use ldesignn+lnn and
_Alln,n, ae an accessory use in all
change but
e
restci gran+ or har (pg
+hnrnfnrn nn+
commercial zones except Mainr
. Money
on�
modify bar to
nlnnrnci.de�n+i
,�.a-�.�
4
('e,rr,.v Unity Facilities � ne
Fn n„raans
tasting room
�+mn
investment ,
m-vi�crrcz�
Nc) n _nnnrW, ti.eS fnr
Will be
+hnce, n�+ahlichmnn+�
develp}pmeRt
presented
+ha+ r•an he great
separately in
a++ra-rut am_
March 2016
as part of
Zoning
Consistency
effort.
9.80.040
Permitted
Bars and cocktail
lounges (pg 16)
-Not allowed in
Neighborhood
-allow as a Conditional Use Permit in the
Neighborhood Commercial Zone as we
Encourages
investment,
Uses in
Commercial Zone
are still able to condition the use to
development
Nonresidenti
-limits economic
address possible impacts.
al Districts
development
opportunities
9.80.040
Dancing or live
-not allowed in
-allow in Commercial Park Zone with
Encourages
Permitted
entertainment as a
Commercial Park
approval of a Conditional Use Permit.
investment,
Uses in
principal use (pg 16)
zone
development
Nonresidenti
al Districts
9.80.040
Dancing or live
-not allowed in
-Allow as a permitted use in Commercial
Savings in
Permitted
entertainment as an
Commercial Park
Park zone
Time
Uses in
accessory use (pg 16)
zone
-Allow as an accessory permitted use in
Money
Nonresidenti
-requires CUP in
the Community Commercial,
al Districts
Community
Neighborhood Commercial, and Tourist
Commercial,
Commercial zones
Neighborhood
Page 6 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Commercial, and
Tourist Commercial
zones
-If this is an accessory
use do we really need
a CUP?
9.80.040
Theaters, live or
-requires a CUP in
-Allow as permitted us in Regional
. Savings in
Permitted
motion picture (pg 16)
Regional Commercial,
Commercial Zone.
Time
Uses in
Community
-Allow as a minor use permit in the
. Money
Nonresidenti
Commercial zone,
Commercial zone, Neighborhood
0 Encourages
al Districts
Neighborhood
Commercial, and Tourist Commercial
investment,
Commercial, and
Zones.
development
Tourist Commercial
-Administrative Level Review
a Easier to
Zones. Theaters in a
understand
Regional Commercial
zone should have the
least impact. Impacts
in other commercial
zones can be
mitigated in the
conditions of
approved under an
MUP.
-Not allowed in Major
Community Facilities
zone which limits
ability to have a
community theater in
a City facility.
9.80.040
Tobacco shops without
-Requires a CUP in
-Allow as permitted use in Community
0 Savings in
Permitted
onsite smoking, as per
Community
Commercial and the Neighborhood
Time
Uses in
the provisions of the
Commercial and
Commercial Zones.
0 Money
Nonresidenti
Heath and Sanitation
Tourist Commercial
-Allow as an accessory use in the Tourist
al Districts
Code (pg 16)
Zones
Commercial Zone.
-Not permitted in
Neighborhood
Commercial Zone
Page 7 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
-Are there any
business impacts that
require special
conditions?
9.80.040
Cigar lounges, hookah
-Requires a CUP in the
-Allow as minor use permit in Regional
0 Savings in
Permitted
bars, and similar uses
Regional Commercial
Commercial, Community Commercial,
Time
Uses in
with onsite smoking, as
and Tourist
Neighborhood Commercial, and Village
. Money
Nonresidenti
per the provisions of
Commercial Zones
Commercial zones.
at Districts
the Health and
-Not permitted in
-Allow as Accessory in the Tourist
Sanitation Code (pg 17)
Community
Commercial Zone.
Commercial and
Neighborhood
Commercial Zones
-Are these restrictions
necessary?
-Impacts can be
addressed with
conditions at
administrative level.
9.80.040
Bowling alleys (pg 17)
-Requires a CUP and is
-Allows as a permitted use in Regional
0 Savings in
Permitted
added in same
Commercial, Commercial Park,
Time
Uses in
category as pool or
Community Commercial zones.
0 Money
Nonresidenti
billiards centers
-Allow as a CUP in the Village
at Districts
Commercial zones
9-80040
Peel er hilliarfl centerc
-Alloy as n CUP in the f nmmprnial Park
Cnrni irnnes
. Will be
0
.Permitted
nc nPFiRGiPG1 use G
and Village !'nmmnrninl 7nnnc
inyPgt-P'Pe_ntt1
presented
,fin
nrincin„I use (pq , 7)
zone
development
separately
nlen t4
with Zoning
,. l nay orsi; r'
Consistency
Changesin
March 2016
9.80.040
Permitted
Golf courses and
country clubs (see GC
-Do not allow golf courses in Commercial
Park, Tourist Commercial, or Office
Encourages
investment,
Uses in
district permitted uses,
Commercial zone
development
Nonresidenti
Chapter 9.120) (pg 17)
(encoura
al Districts
ge retail
Page 8 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
develop
ment)
9.80.040
Health clubs, martial
-requires a minor use
-Allow as a permitted use in all
0 Savings in
Permitted
arts studios, and dance
permit in most
commercial zones.
Time
Uses in
studios, 5,000 sq. ft.
commercial zones
-allow as minor use permit in Major
0 Money
Nonresidenti
floor area or less (pg
-biggest impacts for
Community Facilities zone
at Districts
17)
these uses are parking
in existing retail
centers which can be
analyzed during
tenant improvements
9.80.040
Health clubs, martial
-requires a
-Allow as a minor use permit in all
. Savings in
Permitted
arts studios, and dance
Conditional Use
commercial zones, including Major
Time
Uses in
studios, over 5,000 sq.
Permit in commercial
Community Facilities zone.
0 Money
Nonresidenti
ft. floor area (pg 17)
zones.
0 Easier to
at Districts
-Parking impacts
understand
larger than same use
less than 5,000 square
feet but CUP is too
much
9.80.040
Miniature
-requires a
-Allow as Minor Use Permit in Tourist
0 Savings in
Permitted
golf/recreation centers
Conditional Use
Commercial Zone.
Time
Uses in
(pg 18)
Permit in Tourist
0 Money
Nonresidenti
Commercial Zone.
al Districts
-it should be easier to
approve miniature
gold centers since the
use is compatible.
9.80.040
Ice skating rinks (pg
-requires a CUP in
-Allow as Minor Use Permit in Regional
. Savings in
Permitted
18)
Regional Commercial,
Commercial, Commercial Park,
Time
Uses in
Community
Community Commercial, Tourist
0 Money
Nonresidenti
Commercial, and
Commercial, and Major Community
at Districts
Major Community
Facilities zones.
Facilities Zone.
-Not permitted in
Commercial Park and
Tourist Commercial
Page 9 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Zone
9.80.040
Lodges, union halls,
-allow as a permitted
-allow as permitted use in Regional
. Savings in
Permitted
social clubs and senior
use. Design with new
Commercial, Commercial Park,
Time
Uses in
citizen centers (pg 18)
construction is
Community Commercial, Neighborhood
. Money
Nonresidenti
addressed as a site
Commercial and Major Facilities Zone.
al Districts
development permit
9.80.040
Churches, temples and
-CUP is unnecessary.
-allow as a minor use permit in Regional
. Savings in
Permitted
other places of worship
Impacts of use can be
Commercial, Commercial Park,
Time
Uses in
(pg 18)
addressed with
Community Commercial, Neighborhood
Money
Nonresidenti
conditions of a minor
Commercial, and Office Commercial
at Districts
use permit
Zone.
9.80.040
Mortuaries and funeral
-CUP is unnecessary.
-allow as a minor use permit in Regional
. Savings in
Permitted
homes (pg 18)
Impacts of use can be
Commercial, Commercial Park,
Time
Uses in
addressed with
Community Commercial and not
. Money
Nonresidenti
conditions of a minor
permitted in Village Commercial Zone.
al Districts
use permit
9.80.040
Electrical Substations
-requires a minor use
-require Community Facilities zoning for
. Too
Permitted
(pg 19)
permit
electrical substation sites.
permissive
Uses in
and has
Nonresidenti
potential
at Districts
impacts
9.80.040
Water wells and
-allow as permitted in all commercial
Permitted
pumping stations (pg
zones
Uses in
19)
Nonresidenti
al Districts
9.80.040
Reservoirs and water
-requires a minor use
-allow as a permitted use in Community
0 Savings in
Permitted
tanks (pg 19)
permit in Major
Facilities zone
Time
Uses in
Community Facilities
0 Money
Nonresidenti
zone when the
at Districts
designation is already
the most appropriate
zone
Page 10 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
9.80.040
Colleges and
-not allowed in
-allow as a minor use permit in
. Savings in
Permitted
universities (pg 19)
Commercial Park or
Commercial Park and Office Commercial
Time
Uses in
Office Commercial
Zone.
0 Money
Nonresidenti
Zones and therefore
-allow as a Conditional Use permit in
0 Easier to
al Districts
difficult for desired
Village Commercial Zone
understand
educational facilities
0 Encourages
and associated
investment,
economic
development
opportunities to
operate in these
zones.
9.80.040
Vocational schools,
-Conditional Permit
-allow as a Minor Use Permit in the
0 Savings in
Permitted
e.g., barber, beauty
unnecessary in
Regional Commercial Zone.
Time
Uses in
and similar (pg 19)
Regional Commercial
. Money
Nonresidenti
zone.
al Districts
0
Private c,e,im rheelc
-RG need to regulate
_eliminate land- use rateaerV
• Not a
• Not a
T^te
(pg 9)
these
streamlining
streamlining
,fin
Alnnre jaenm.
A, D*rtr'rto
-Can he ,-In«ifiPd ;n
health club rntegery
issue
issue
0
Train bus and taxi
_Alone ex*St and are
-eliminate Iand use cciteanry
• Not a
• Not a
Permitted
StatieRS (pg , %
there an., rea�an� .,e
streamlining
streamlining
Uses in
NeRresifi'Cnt4
A, n'a✓+crrtc
arvrri-ci�
i ilt ,n,ant there
farIra,cil ies?
issue
issue
9.80.040
Townhome and
-Only allowed as a
-Permit by right in Regional rnmmnr.-inl,
. Savings in
Staff
Permitted
multifamily dwelling as
CUP in Regional
inmmer�inl Pnrk Cnmmi�ni+.,
Time
recommende
Uses in
a primary use (pg 19)
Commercial and
Commercial, Neighborhood Commemi
• Money
d change not
Nonresidenti
Commercial Park
Tn--rir+ Commercial, Office Cnmmer, :nl�
Encourages
approved
at Districts
Zone
and village f nmmnr�inl zones
investment,
Amend Code
-Not Permitted in
-Keep as CUP in Regional Commercial,
development
to require
Community
Commercial Park.
CUP approval
Commercial,
-Allow with CUP in Community
in all
Page 11 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Neighborhood
Commercial, Neighborhood Commercial,
Commercial
Commercial, Tourist
Tourist Commercial, Office Commercial,
zones.
Commercial or Office
and Village Commercial zones
Commercial
9.80.040
Residential as an
-Requires a CUP in all
-Allow with a minor use permit in all
0 Savings in
Permitted
accessory use, e.g.,
zones which is too
commercial zones.
Time
Uses in
caretaker residences
rigid
. Money
Nonresidenti
per Section 9.100.160
at Districts
(pg 19)
9.80.040
Timeshare facilities
-there is a difference
-Divide timeshares into two categories 1)
. Savings in
Permitted
subject to Section
between new
new development 2) conversions
Time
Uses in
9.60.290 (pg 20)
development for
-Allow new development timeshares as
0 Money
Nonresidenti
timeshares and
permitted by right for Regional
0 Easier to
al Districts
conversions
Commercial, Community Commercial,
understand
-Conversions may
Tourist Commercial, and Village
create impact on
Commercial zones.
existing residential
-Require timeshare conversion as
developments
Conditional Use Permits for Regional
-Existing CUP
Commercial, Community Commercial,
requirements is too
Tourist Commercial, and Village
cumbersome for new
Commercial zones
proposed timeshare
development
9.80.040
Golf cart, neighborhood
-Opportunities not
-Allow sales as a minor use permit in the
Flexibility
Permitted
electric vehicle (NEV),
available for NEV
Neighborhood Commercial Zone
Uses in
and electric scooter
sales
Nonresidenti
sales (pg 21)
al Districts
9.80.040
Car washes (pg 21)
-Minor Use Permit will
-allow as a minor use permit in the
0 Savings in
Permitted
allow a faster process
Regional Commercial, Commercial Park,
Time
Uses in
and include
Community Commercial zones. Not
0 Money
Nonresidenti
conditions to mitigate
permitted in the Village Commercial
al Districts
impacts
Zone
9.80.040
Auto and motorcycle
-CUP is unnecessary
-Allow as a minor use permit in Regional
. Savings in
Permitted
sales and rentals (pg
and impacts can be
Commercial and Commercial Park Zones
Time
Uses in
21)
mitigated with
0 Money
Page 12 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Nonresidenti
conditions under a
al Districts
Minor Use Permit
9.80.040
Private parking
-Requires a CUP in
Savings in
No
Permitted
lots/garages as a
most Commercial
Community Cnmmnrrinl Zones
Time
Uses in
principal use subject to
Zones
-Allp , n,; r,in,,. „moo .,o..,,itgn 'Ta-wort
. Money
Nonresidenti
Chapter 9.150, Parking
-May not be a desired
.,mWf ;
rmeFGiG nrl_ and
at Districts
(pg 21)
use in some
Major Community Facilities, and Village
commercial zones as
it may prevent retail
-Keep as a CUP in the zones where it is
development
currently required.
9.80.040
Auto parts stores, with
-CUP is unnecessary
-Allow as a permitted us in
0 Savings in
Permitted
no repair or parts
Neighborhood Commercial and Village
Time
Uses in
Nonresidenti
installation on the
premises (pg 21)
Commercial Zone.
0 Money
al Districts
9.80.040
Lumber yards, outdoor
-CUP is unnecessary
-Allow as a Minor Use Permit in the
0 Savings in
Permitted
(see retail stores for
when a MUP can
Commercial Park Zone.
Time
Uses in
Nonresidenti
indoor lumber sales)
(pg 22)
include conditions of
regulate use
. Money
al Districts
9.80.040
Pest control services
-CUP is unnecessary
-Allow as a Minor Use Permit in the
0 Savings in
Permitted
(pg 22)
when a minor use
Regional Commercial Zone.
Time
Uses in
Nonresidenti
permit can include
conditions of regulate
-Allow as a permitted use in the
Commercial Park Zone
0 Money
al Districts
use. Pest control
seems to be a
compatible use with
the Commercial Park
Zone
9.80.040
Contractor, public
-CUP is unnecessary in
-Allow as a Minor Use Permit in the
0 Savings in
Permitted
utility and similar
Commercial Park zone
Commercial Park Zone
Time
Uses in
equipment/storage
when use can be
-Allow as a permitted use in the Major
• Money
Nonresidenti
yards (pg 22)
regulated with
Community Facilities Zone
al Districts
conditions in a minor
use permit.
Page 13 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
-CUP is too restrictive
in a Major Facilities
zone and is
compatible as a
permitted use
9.80.040
Central cleaning or
-The restriction should
-Allow as an accessory use in the Tourist
Flexibility
Permitted
laundry plants (pg 22)
be lifted in the Tourist
Commercial Zone
Uses in
Commercial since
-Prohibit in the Regional Commercial,
Nonresidenti
laundry plant may be
Commercial Park, and Community
al Districts
central to services at
Commercial zone
a resort
9.80.040
Recording Studios (pg
-Prohibited in
-Allow as minor use permit in Regional
Flexibility
Permitted
22)
Regional Commercial
Commercial and Village Commercial
Uses in
and Village
zones
Nonresidenti
Commercial zones
at Districts
9.80.040
Swimming pools as an
-Minor Use Permit
-Allow as an accessory use in all
0 Saving in
Permitted
accessory use (pg 23)
unnecessary if an
commercial zones
Time
Uses in
accessory use
. Money
Nonresidenti
al Districts
9.80.040
Golf or tennis facilities
-Minor Use Permit
-Allow as an accessory use in all
0 Saving in
Permitted
as an accessory use
unnecessary if an
commercial zones
Time
Uses in
(pg 23)
accessory use
0 Money
Nonresidenti
al Districts
9.200.020
Site Development
-Requires approval by
S-DP to be Gppr ved at the
0 Savings in
Create a
Authority
Permit (SDP) (pg 31,
Planning Commission
level.
Time
Minor Site
41)
-Some Site
-Create a Minor SDP process to be
0 Money
Development
Development Permits
approved at the administrative level.
Review
require approval by
-Staff Recommended Threshold is:
Process for
City Council
New office or commercial
administrativ
buildings no more than 10,000
e review.
square feet that are not part of
Keep Site
Page 14 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
an approved master commercial
Development
development or Specific Plan.
Permit at
• New building construction or
Planning
remodeling (single and multiple
Commission
family residential, office,
for big
commercial and/or institutional)
projects
and landscape plans within an
Major
approved Specific Plan.
concerns
• New buildings on vacant pads
with Minor
within an approved commercial
Site
development.
Development
• New single family models and
Permit will be
landscaping plans in an approved
referred to
tentative tract map.
Planning
Commission
9.200.020
Home Occupation
-already reviewed by
-Move to Title 11
0 Easier to
Authority
Permit (pg 31)
Code Enforcement
understand
9.200.020
Add: Planning
-No specific process
-add to authority table at staff level
0 Easier to
Authority
Compliance Review
for substantial
review
understand
(pg 30)
conformance review
9.200.020
Sign Program (pg 31)
-Requires Planning
-Move to Staff review
a Savings in
• Yes
Authority
Commission review
Time
• Money
9.200.090
C. Criteria ("this is the
-only allows for
-Allow for decrease in building square
0 Savings in
• Yes
Modification
criteria for allowing
modification of
footage through the Modification by
Time
by applicant
minor changes to an
building square
Applicant process.
• Money
(MBA)
approved development
footage if it is
design) (pg 36)
increases. A decrease
in square footage is
subject to a Site
Development Permit
to be approved by the
Planning Commission.
9.200.090
C. Criteria (pg 36)
-MBA process does
-Allow for changes, additions or
Savings in
Yes
Page 15 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Modification
by applicant
(MBA)
not allow for minor
changes to site or
grading plans as an
administrative
function.
-Any changes site or
grading plans would
require Site
Development Permit
approval by the
Planning Commission.
substitutions for site and grading plans in
the Modification by Applicant process.
Time
Money
9.200.090
C. Criteria (pg 36)
-MBA process does
-Allow for changes in residential model
0 Savings in
Approved
Modification
not allow for changes
design in the Modification by Applicant
Time
by applicant
in residential model
process.
0 Money
(MBA)
design.
-Any changes to the
residential model
design would require
a Site Development
Permit approval by
the Planning
Commission.
Chapter
D. Decision -making
-requirements that
-Remove SDP from final approval
0 Savings in
Approved
9.210
authority (pg 31)
Site Development
authority
Time
Developmen
Permits for high
0 Money
t Review
density residential or
Permits
non-residential
permits with
structures greater
than one-story and
twenty-two feet in
height and within one
hundred feet of
residentially zoned
properties be
reviewed by Council is
too rigid.
Page 16 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Chapter
C. Applicability (pg 47)
-Only one deviation of
-Allow for up to three adjustments per lot
Flexibility
As Directed
9.210.040
10% allowed for a
by Ad -Hoc
Minor
numerical standard
Committee
Adjustments
Page 17 - Development Code Tune Up- Title 9 Draft Recommendations and Analysis 1-12-2016
Title 8- Buildings and Construction Procedural Improvements (La Quinta Municipal Code)
Title 8; Chapters 8.13 and 8.80
Development Code Tune Up Draft Recommendations Analysis -Joint Study Session of the City Council and Planning Commission
Highlighted text relates to streamlining change
MAU
11 IN III III 1111�
8.13.030.A
Applicability of
Turf reduction plans
-Clarify inapplicability to SFD homesites
No further direction given
landscaping review
subject to full review
-Make section inapplicable to turf reduction
process/application
plans
8.13.030.B
Clarify submittal
Text not tied to actual
-Change text to cite application
Changes reviewed 11/19;
items
application requirement
-Change reference to project and not PC
no further direction given
Due to upcoming revisions to CVWD Model Ordinance; no further changes are proposed to Chapter 8.13 as they may conflict. However, most of the
remaining landscape code requirements are technical and do not impact potential for streamlining.
8.80.050
Bonding
N/A - Clean-up only
Minor clean-up language related to current
No further direction given
Grading
requirements
bond requirements
Bonds
Page 1- Development Code Tune- Title 8 Draft Recommendations- 1-12-2016
Title 13- Subdivision Regulations (La Quinta Municipal Code)
Development Code Tune Up Draft Recommendations Analysis - Joint Study Session of the City Council and Planning Commission
*Highlighted text relates to streamlining or significant change for discussion by Ad -Hoc Committee
/
/ •
.060
7Approval
Decision authority
Reduce layers of review for map
Revise review table to limit PC and CC review of
No further direction given
w and
on tentative maps
applications
mapping actions, except where maps filed with
(Pg. 2)
other applications require those reviews.
Authority
Staff has added TPM review by Director as non-
Confirmed change
PH
13.04.070
Add review type
No procedures for TTM revisions or
Add definitions to allow for Revised TTM and
No further direction given
Definitions
definitions (Pg. 4)
substantial conformance
Substantial Conformance processes
0 Added revisions to cite
General Plan for defined
street hierarchy
Chapter 13.08
Subdivision
Outdated
Delete Chapter and reserve Chapter number
0 No further direction given
Subdivision
process flowchart
Process
(Pg.10)
13.12.050
Clarify
Clean-up / update
Consistency with application forms and current
0 No further direction given
Application
requirements (pg
procedures
materials
11)
13.12.120
Requires cultural
Unclear and redundant as
Delete Section as application and General Plan
0 No further direction given
Special studies
and bio studies
applications vary
sets forth requirement to address studies
(Pg 12)
13.12.120
Add process for
Current ordinance does not allow
Add Section on procedure for revised tentative
0 No further direction given
(New)
revised maps
for revision to approved tentative
maps
Revised
maps
tentative
maps
13.12.150
Establish validity
N/A - Update and clarify
Current state provisions allow initial 3 year
No further direction given
Term of
of tentative map
approval term, while current code cites 2 year
tentative
(pg 13)
term
maps
13.12.160
Establishes time
Ordinance not reflective of current
Allow longer extension terms and flexibility in
No further direction given
Extensions of
extension process
state allowances
granting those terms.
time for
(pg 14)
tentative
maps
13.12.170
Establish
Ordinance does not codify current
Codifies the current process and clarifies it as a
No further direction given
Substantial
substantial
use of a substantial conformance
Public Works preocedure, allowing flexibility by
conformance
conformance
through Public Works.
granting discretion to PW in applying the
with tentative
process (pg 15)
process
map
13.24.070 and
Sets street design
Section reflects prior General Plan
Delete Table 13.24.070, and replace with
0 Add reference to where
080 - Street
standards (pg 17)
geometries
general reference to current General Plan.
standard is in General
design
Update table in 13.24.080.
Plan - added
13.24.090
References image
Section reflects prior General Plan
Update per current GP
0 No further direction given
Image
corridors (pg 18)
language
corridors
13.24.130
References
Section reflects prior General Plan
Update per current GP
0 No comment made -
Landscaped
landscape
language
acceptable change
setbacks
setback
requirements (pg
19)
13.32.020.0
Limits
Unclear at this time
Proposes including Village Commercial and
No comment made -
Lot line
adjustments
Major Community Facility zoned property to
acceptable change
adjustments
within a 6 month
allowed exception for commercial districts
period on
residential zoning
(pg 21)
Page 2 — Development Code Tune Up —Title 13 Draft Recommendations- 1-12-2016