ORD 538ORDINANCE NO.538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF
TITLE 9 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day
of April 2016, hold a duly noticed public hearing for review of a City -initiated request
of a Zoning Ordinance Amendment to modify Title 9 (Zoning) of the La Quinta
Municipal Code; and
WHEREAS, the Planning Commission of the City of La Quinta, California, did on
the 8th day of March 8, 2016, hold a duly noticed Public Hearing for review of a Zoning
Ordinance Amendment to amend Title 9 of the La Quinta Municipal Code, as identified
by Title of this Ordinance; and
WHEREAS, subsequent to said Public Hearing, the Planning Commission of the
City of La Quinta did adopt Planning Commission Resolution 2016-005 to recommend
to the City Council adoption of said Zone Ordinance Amendment; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on March 25, 2016, as prescribed
by the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the chapters that address
permitted uses, review authority, development review and permitting procedures; and
WHEREAS, a comprehensive review of Title 9 was undertaken to examine each
chapter for streamlining of the development review process; and
WHEREAS, amendments to several chapters of Title 9 are needed as a result of
the comprehensive review for the Development Code Tune Up; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons wanting to be heard, the City Council
did make the following mandatory findings to justify adoption of said Zoning
Ordinance Amendment:
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 2 of 73
development; Policy LU-5.2, Consider changes in market demand in residential
product type to meet the needs of current and future residents.
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, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. SECTION 9.280.030 DEFINITION OF TERMS shall be amended as written
in Exhibit A attached hereto.
SECTION 2. CHAPTER 9.40 RESIDENTIAL PERMITTED USES shall be amended as
written in Exhibit A attached hereto.
SECTION 3. CHAPTER 9.60 SUPLLEMENTAL RESIDENTIAL REGULATIONS shall be
amended as written in Exhibit A attached hereto.
SECTION 4. CHAPTER 9.80 NONRESIDENTIAL -PERMITTED USES shall be amended as
written in Exhibit A attached hereto.
SECTION 5. CHAPTER 9.120 SPECIAL PURPOSE PERMITTED USES shall be amended
as written in Exhibit A attached hereto.
SECTION 6. CHAPTER 9.200 GENERAL PERMITTING PROCEDURES shall be amended
as written in Exhibit A attached hereto.
SECTION 7. CHAPTER 9.210 DEVELOPMENT REVIEW PERMITS shall be amended as
written in Exhibit A attached hereto.
SECTION 8. CHAPTER 9.220 ZONE CHANGES AND CODE AMENDMENTS shall be
amended as written in Exhibit A attached hereto.
SECTION 9. CHAPTER 9.230 GENERAL PLAN AMENDMENTS shall be amended as
written in Exhibit A attached hereto.
SECTION 10. CHAPTER 9.240 SPECIFIC PLANS shall be amended as written in Exhibit
A attached hereto.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 3 of 73
SECTION 11. CHAPTER 9.250 OTHER ACTIONS shall be amended as written in Exhibit
A attached hereto.
SECTION 12. 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.
SECTION 13. That the City Council does hereby approve Zoning Ordinance
Amendment 2016-0001, as set forth in attached Exhibit "A," for the reasons set forth
in this Ordinance.
SECTION 14. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 15. The City Clerk shall, within 15 days after passage of this Ordinance, cause
it to be posted in at least three public .places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a. regular meeting of the La Quinta City
Council held this 19th day of April 2016 by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
c
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 4 of 73
ATTEST:
YM4�� hoot�
SUSAN MAYSELS, City Cl
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 5 of 73
EXHIBIT A
9.280.030 Definition of terms.
"Director" or "planning director" means the city manager or his/her designee
"Planned unit development" means a residential development characterized by
comprehensive planning for the entire project, the clustering of buildings to preserve
open space and natural features, and provision for the maintenance and use of open
space and other facilities held in common by the property owners within the project.
CHAPTER 9.40 RESIDENTIAL PERMITTED USES
9.40.040 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.
"V: Prohibited in the district.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 6 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
_
Development
M = Minor use
permit H =
V
{a
Home
•�
_
occupation
permit
.y
o
S = Specific
=
o
c
N
m
plan required
M
T= Temporary
c
Use Permit
-1
p
E_
o
X = Prohibited
3
>
use
CD
j
°
�j
a)
2
00
M
Land Use
RVL
RL
RC
RM
RMH
RH
Single-family
P
P
P
P
P
S
detached dwellings
Single-family
detached patio
homes (i.e., "zero
PUD
PUD
PUD
PUD
P
PUD
lot -line")
Duplexes (two units
PUD
PUD
X
PUD
P
P
on the same lot)
Single-family
attached dwellings
(two units per
PUD
PUD
X
PUD
P
P
building with each
unit on its own lot)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 7 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
m
permit H
CU
0
�
+,
Home
occupation
•-°'a_
_
:a
permit
•y
o
S = Specific
=
N
plan required'
a=i
T= Temporary
3
c
o
=
Use Permit
�
p
o
X = Prohibited
itl%
3
>
M .
M
use
j
�
0
m
1 2
m
2
SO
Land Use
RVL
RL
RC
RM
RMH
RH
Townhome
dwellings (two or
more units per
PUD
PUD
X
P
P
P
building with each
unit on its own lot)
Condominium
multifamily
PUD
PUD
X
P
P
P
("airspace" units)
Apartment
multifamily (rental
X
X
X
P
P
P
units)
Mobilehome parks
C
C
C
C
C
C
Mobilehome
subdivisions and
manufactured
P
P
P
P
P
X
homes on individual
lots, subject to
Section 9.60.180
Resort residential
subject to Section
P
P
X
P
P
P
9.60.320
Guesthouses,
subject to Section
A
A
A
A
A
A
9.60.100
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 8 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
�
d
�
N
permit H =
M
ca
�
Home
,:
_
occupation
c
M
permit
.N
o
m
S = Specific
c
_
U)
plan required
a
T= Temporary
3
c
_
Use Permit
-1
p
o
X = Prohibited
3
>
M
=a
use
j
�
Q
1
2
Land Use
RVL
RL
RC
RM
RMH
RH
Second residential
units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Child day care
facilities as an
accessory use,
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 9 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
a>'
c
permit H
Home
N.
occupation
_
permit
•N
o
S = Specific
=
_
plan required
CI
V
m
T= Temporary
3
c
fA
d
Use Permit
-
o
0
2
o
X = Prohibited
3
>
V
=a
s
ar
use
>
�
U
M
M
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
M
M
M
persons, subject to
Section 9.60.200
Time share
facilities, subject to
M
M
M
M
M
M
Section 9.60.280
Bed and breakfast
M
M
M
M
M
M
inns
Supportive Housing
X
X
X
C
C
C
Transitional
X
X
X
C
C
C
Housing
Cottage Food
Operations, subject
P
P
P
P
P
P
to Section 9.60.115
Open Space and Recreational Uses
Public parks,
playfields and open
P
P
P
P
P
P
space
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 10 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
c
Development
M = Minor use
�
permit H =
c
m
ayi
_
Home
w
_
m
occupation
M
c
permit
S = Specific
c
c
N
plan required
o
:'
T= Temporary
3
,-a_
Use Permit
J
p
o
X.= Prohibited
3
>
=5
:5
use
>
J
U
2
Land Use
RVL
RL
RC
RM
RMH
RH
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
M
M
M
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
M
M
X
M
M
M
or without lights
Accessory Uses and Structures
Home occupations,
subject to Section
H
H
H
H
H
H
9.60.110
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 11 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
_
Development
+_
ea
-a
M = Minor use
=
m
permit H
�
Home
occupation
permit
.N
o
S = Specific
=
_
plan required
o
;c
mCID
T= Temporary
Use Permit
�
p
o
X.= Prohibited
3
>
=c
10
s
use
>
-1
v
2
E
SO
Land Use
RVL
RL
RC
RM
RMH
RH
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
Keeping of
household pets,
A
A
A
A
A
A
subject to Section
9.60.120
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 12 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
_
Development
M = Minor use
eU
permit H =
V
*_a
_
Home
•�
_
occupation
c
V
permit'
S = Specific
=
=
N
t
plan required
T= Temporary
3
c
d
_
Use Permit
�
o
o
X = Prohibited
3
>
a
�a
use
Q
>
o
J
o
0
d
*
m
2
_
Land Use
RVL
RL
RC
RM
RMH
RH
On lots of 1 acre or
more, the
noncommercial
keeping of hoofed
animals, fowl
(except roosters)
and rabbits, subject
to Section 9.60.120.
Hoofed animals
A"
A
X
X
X
X
include horses,
sheep, goats, pot
bellied pigs, and
similar. The
keeping of horses is
subject to Section
9.140.060 and
limited to one horse
per 2.5 acres.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 13 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
_
Development
V
M = Minor use
_
permit H =
V
*_a
Home
m
occupation
permit
•N
U)
o
S = Specific
=
o
ZI
=
N
m
plan required
V
T= Temporary
N
Use Permit
�
p
3
0
X= Prohibited
3
>
V
V
s
rn
use
>
.1
0
M
n
Land Use
RVL
RL
RC
RM
RMH
RH
Other accessory
uses and structures
which are
customarily
associated with and
subordinate to the
A
A
A
A
A
A
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 14 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
Development
M = Minor use
permit H =
Home
_
•N
occupation
permit
•N
•`-I-A
S = Specific
plan required
p
T= Temporary
c
Use Permit
—1
p
X = Prohibited
3 .
>
=a
M
-_
use
>
-1
U
I M
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 15 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
E
Unit
Development
M = Minor use
m
c
permit H
aNi
�
Home
m
=
occupation
permit
•N
0
S = Specific
=
=
N
plan required
o
m
T= Temporary
3
c
_
_
Use Permit
�
o
o
X = Prohibited
3
>
=a
=c
use
j
-1
v
m
1 2
m
M
Land Use
RVL
RL
RC
RM
RMH
RH
Museum or gallery
displaying
sculpture, artwork
or crafts, including
M
M
M
M
M
M
schools for above,
on 20 acres or
more
Community
recreational vehicle
A
A
X
A
A
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 16 of 73
Table 9-1 Permitted Uses in Residential Districts
P = Permitted
use
A = Accessory
use
C = Conditional
use permit
PUD = Planned
Unit
_
Development
M = Minor use
�
�
N
permit H =
a
_
Home
•�
Q
occupation
M
_
permit
S = Specific
_
U)
plan required
T= Temporary
Use Permit
�
p
o
X= Prohibited
3
>
M
V
s
use
j
,°
0j 1
a)m
M
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)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 17 of 73
Chapter 9.80 NONRESIDENTIAL PERMITTED USES
9.80.010 Development permits required.
Whether a nonresidential land use or structure is permitted within a zoning district
shall be determined in accordance with this title. In most cases development to
establish a use also requires approval of a site development permit and/or other
permits as set forth in Chapter 9.210., approval of a specific plan is required for any
development or land division in the CR district. (Ord. 284 § 1 (Exh. A) (part),1996)
9.80.020 ' Residential uses in the CR Regional Commercial district adjacent to
Highway 111in NR overlay district.
In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established
within the NR nonresidential overlay portion of the CR regional commercial district
except for incidental residential uses which:
A. Are incorporated into a project site which is twenty acres or more in size;
B. Are a part of a larger mixed use project with predominantly nonresidential uses;
C. Are no more than twenty percent of the total project square footage;
D. Are well integrated into the larger development, i.e., not a separate use;
E. Serve a legitimate necessary purpose for the development such as employee
housing;
F. Have at least fifty percent of the units in the affordable category, as defined in
the general plan housing element; and
G. Are approved by the city as an integral part of the overall mixed use project.
(Ord. 284 § 1 (Exh. A) (part), 1996)
9.80.030 Residential uses outside NR overlay.
In accordance with the General Plan Policies 2-3.1.6 through 2-3.1.8, single-family
residential uses may be established in the CR district outside the NR nonresidential
overlay. Such projects may have up to a proportion of one hundred percent residential.
The following requirements shall apply:
A. A specific plan shall be approved and the project shall conform to the RSP
residential specific plan standards of Section 9.30.0809.140.100 with regard to
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 18 of 73
common open area and perimeter landscaping with the exception of single-
family residential.
B. A minimum of fifteen percent of the dwelling units are provided in the
affordable "low" and/or "very low" income category per Section 9.60.270.
C. Project sites of less than twenty acres shall be single -use, either all residential
or all nonresidential. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part),
1997; Ord. 284 § 1 (Exh. A) (part),1996)
9.80.040 Table of permitted uses.
A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential
Districts, following, specifies those uses and structures which are permitted
within each nonresidential district. The letters in the columns beneath the
district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "M": Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not
permitted unless the planning or the planning commission determines that
such use is within one of the permitted use categories listed (e.g., principal use,
conditional use, etc.) in accordance with Section 9.20.040.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 19 of 73
Table 9-5 Permitted Uses in Nonresidential Districts
P = Permitted use .a
A = Accessory use M o �a � _
IL o ._ 25
C= Conditional use = 'L c = L N m L E d m L
%_ c� m
permit °E L EtM
E °E �E E o= `�E
M =Minor use permit Eo � M E
Temporary use vcvv Zvv v v
permit 0
X = Prohibited use v1 1 1 1 M
Land Use CR I CP CC CN CT I CO I MC VC
Retail Uses
Retail stores under
10,000 sq. ft. floor area
P
P
P
P
P
P
X
P
per business
Retail stores', 10,000—
50,000 sq. ft. floor area
P
P
P
P
X
X
X
P
Retail stores', over
50,000 sq. ft. floor area
P
C
M
X
X
X
X
X
Food, liquor and
convenience stores
under 10,000 sq. ft. floor
P
A
P
P
A
A
X
P
area, open less than 18
hours/day2
Food, liquor and
convenience stores
M
under 10,000 sq. ft. floor
M
X
M
M
M
X
X
area, open 18 or more
hours/day2
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
P
X
P
P
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 and P A P P P A X P
similar uses
Miscellaneous services
such as travel services,
photo developing,
videotape rentals, shoe P A P P P A X
repair, appliance repair, P
and similar uses
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 20 of 73
Table 9-5 Permitted
Uses in
Nonresidential
Districts
P = Permitted use
hc
A = Accessory use
�
'2
n.
o
o o �
'L_
c
C= Conditional use
c
'�
`om
N L
E
m`
permit
om
E
L
E E
E
I -a)
E
�_a)
E E
Er
o
�d
_ E
M =Minor use permit
o
CD E
o o
= o
F0 o
O o
c` MU.
o
use
v
E
V'
v
v
V
0
v
permitTemporary
v
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Laundromats and dry
cleaners, except central
P
X
P
P
P
X
X
M
cleaning plants
Printing, blueprinting and
copy services
P
P
P
P
P
P
X
P
Pet grooming —without
overnight boarding
P
X
P
P
P
X
X
p
Office and Health Services
Banks
P
X
P
P
P
P
X
P
General and professional
P
P
P
P
P
P
P
P
offices
Medical offices —
physicians, dentists,
optometrists,
P
P
P
P
P
P
X
chiropractors and similar
P
practitioners,
Medical centers/clinics—
four or more offices in
P
X
P
C
X
P
X
one building
Surgicenters/ medical
P
P
P
C
X
P
X
X
clinics
Hospitals
C
X
X
X
X
X
C
X
Convalescent hospitals
C
X
C
X
X
X
C
X
Veterinary clinics/animal
hospitals and pet
M
M
M
M
X
X
X
boarding (indoor only)
I
I
M
Dining, Drinking and Entertainment Uses
Restaurants, other than
P
A
P
P
P
X
A
P
drive -through
Restaurants, drive-
p
A
P
X
P
X
X
X
through
Restaurants, counter
take-out with ancillary
P
P
P
P
P
X
A
seating, such as yogurt,
ice cream, pastry shops
P
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 21 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
�
•o
r
A =Accessory use
'�
IL
.a �
'c
°
'�
'L
C = Conditional use
'�
_
La,
�d
E m
E-
as
tea,
permit
..d
Minor use permit
E
r
°E
O E
vM= (aa
> E
use
o
vEv
vvv
z
v
L. -mporary
0
v
permitX
v
= Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
and similar
Bars and cocktail
lounges
C
C
C
C
C
X
X
C
Dancing or live
entertainment as a
C
C
C
X
C
X
X
principal use
C
Dancing or live
entertainment as an
A
A
A
A
A
X
X
A
accessory use
Theaters, live or motion
P
X
M
M
M
X
A
M
picture
Tobacco shops without
onsite smoking, as per
the provisions of the
P
X
P
P
A
X
X
P
Heath and Sanitation
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
M
X
M
M
A
X
X
per the provisions of the
M
Health and Sanitation
Code
Recreation Uses
Bowling, pool or billiard
C
C
C
X
C
X
X
centers as a principal use
C
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 district
X
X
X
X
A
X
X
X
permitted uses, Chapter
9.120)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 22 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
=16.
?
A = Accessory use
�
oM.
w
V
°o �a
�a
20
C= Conditional use
'�
c 0
c 0
`o�
N .L
m L
E ai
L
permit
om
E
E
EE
E
L-m
3E
�m
E
E=
o-
_E
M =Minor use permit
E
E E
E
0 E
O E
v
> E
T= Temporary use
U
E
V 0
.� v
V
0
c�
v
permit
v
Z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Tennis clubs or
C
A
C
X
X
A
C
complexes
Health clubs, martial arts
studios, and dance
P
P
P
P
P
P
M
studios, 5,000 sq. ft. floor
P
area or less
Health clubs, martial arts
studios, and dance
M
M
M
M
M
M
M
studios, over 5,000 sq. ft.
M
floor area
Libraries
P
P
P
P
P
P
P
P
Museum or gallery
displaying sculpture,
P
artwork or crafts,
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
M
X
X
centers
X
Assembly Uses
Ice skating rinks
M
M
M
X
M
X
M
X
Lodges, union halls,
social clubs and senior
P
P
P
P
X
X
P
P
citizen centers
Churches, temples and
M
M
M
M
X
M
X
other places of worship
M
Mortuaries and funeral
M
M
M
X
X
X
Xhome
X
Public and Semipublic Uses
Fire stations
I P
P
P
P
P
P
P
P
Government offices and
I P
P
P
P
P
P
P
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 23 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
.a
A= Accessory use
•2
c9 a.
w
o
��
��
C
•0
C = Conditional use
ea
C 0
G�
lQ
c 0
7 G�
U.
a. G1
�'
N Q
C 01
G1
C� G1
E m
£
m
G�
`_cE
permit
M= Minor use permit
�E
d E
E
EE
o f
Q0E
,� E
cE
0 E
EE
O E
o•�
c� cc
>' E
T=Temporary use
U
E
v v
.� v
v
v
L.
0 u-
v
permit
0
z
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
police stations
P
Communication towers
and equipment
C
(freestanding, new
C
C
C
C
C
C
C
towers) subject to
Chapter 9.170
Communication towers
and equipment (co -
location, mounted to
M
M
M
M
M
M
M
existing facility) subject to
M
Chapter 9.170
Electrical substations
X
M
X
X
X
X
M
X
Water wells and pumping
P
P
P
P
P
P
P
stations
P
Reservoirs and water
X
X
X
X
X
X
Ptanks
X
Public flood control
P
P
P
P
P
P
P
facilities and devices
P
Colleges and universities
C
M
X
X
X
M
C
C
Vocational schools, e.g.,
barber, beauty and
M
C
C
X
X
C
C
C
similar
Private elementary,
intermediate and high
C
C
C
C
C
C
C
C
schools
Helicopter pads
X
X
X
X
C
X
C
X
Public or private kennels
and animal shelters (with
X
C
X
X
X
X
C
indoor or outdoor pet
X
boarding)
Golf courses and country
clubs (see GC district
C
A
C
X
C
A
P
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
P
P
P
P
P
P
A
studios, and dance
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 24 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
L
A= Accessory use
'�
a
w
,a
°o -a7a
'�
r
3 �'
C = Conditional use
�
= 0
L
01'�
permit
o m
E
m
E E
m
o
L.
= E
ii m
E E
E�
o-
`0 E
M =Minor use permit
E
E
o o
o
~ o
o
U
o
use
iY
v
E
v v
v
v
v
uc°.
0
v
permitTemporary
V
Z
E
X = Prohibited use
1
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
studios, 5000 sq. ft. floor
area or less
Residential, Lodging and
Child daycare Uses
Townhome and
multifamily dwelling as a
C3
C4
C
C
C
C
X
C
primary use3,4
Residential as an
accessory use, e.g.,
M
M
M
M
M
M
M
caretaker residences per
M
Section 9.100.160
Child daycare facilities,
centers and preschools
M
as a principal use,
M
M
M
M
X
M
M
subject to Section
9.100.250 (also see
Accessory Uses)
Senior group housing,
subject to Section
X
X
X
X
X
X
X
M
9.100.260
Rooming and boarding
X
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
X
X
X
X
X
X
X
X
Mixed -use projects:
residential and
P
P
P
P
P
P
X
P
office/commercial
RV rental parks and
ownership/membership
X
X
X
X
M
X
X
X
parks
Resort residential
S
X
C
X
C
X
X
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 25 of 73
Table 9-5 Permitted Uses in Nonresidential Districts
P = Permitted use
A = Accessory use
'�
c
w
.o
°o
�
'0
'�
'�
'L
C = Conditional use
= L
_
L.
�d
= 0
1 L
w'
N L
4% L
E o
d
permit
o�
E
L
E E
`o°'
E
�m
3 E
�m
E
E_
o•—
Cc
= E
M= Minor use permit
d E
£
o f
E
0 E
O E
0 a
>' E
use
v
vEC.)
vv
v
R
vmporary
permit'S
v
z
X = Prohibited use
1
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Hotels and motels
P
X
P
X
P
X
X
P
Timeshare facilities,
subject to Section
P
X
P
X
P
X
X
P
9.60.290
Caretaker residences
M
M
M
M
M
M
M
M
Automotive Automobile
Uses'
Golf cart, neighborhood
electric vehicle (NEV),
P
P
P
M
X
X
X
and electric scooter sales
M
Automobile service
stations, with or without
C
C
C
C
X
X
X
C
minimart
Car washes
M
M
M
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
M
M
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 installation
P
P
P
P
X
X
X
on the premises
P
Auto or truck storage
yards, not including
X
C
X
X
X
X
X
dismantling
X
Private parking
C
C
C
X
C
C
X
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 26 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
L
,a
A =Accessory use
'�
IL
o �
2
c
2
C= Conditional use
=
'�
c L
'
L
y L
m
E
;?
permit
o
a' E
`m
B
M
N_ m
o
�_ d
E
'�
M Minor use permit
p
)o
E
oo
ago
~o
�o
)
c`LL
�o
mporary use
v
c
v v
o v
v
v
0
v
perm
v
X = Prohibited use
1
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
lots/garages as a
principal use subject to
C
Chapter 9.150, Parking
Warehousing and Heavv 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 warehouses
X
Xs
X
X
X
X
X
X
Lumber yards, outdoor
(see retail stores for
X
M
X
X
X
X
X
indoor lumber sales)
X
Pest control services
M
P
X
X
X
X
X
X
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public utility
and similar
X
M
X
X
X
X
P
X
equipment/storage yards
Central cleaning or
X
X
X
X
A
X
X
laundry plants
X
Communication or relay
facilities/antennas as
C
C
C
C
C
C
C
primary use
Industrial and Research
Uses
Indoor manufacture and
assembly of components
or finished products from
materials such as cloth,
X
P
X
X
X
X
X
fiber, fur, glass, leather,
X
stone, paper (except
milling), plastics, metal,
and wood
Research and
P
P
X
X
X
X
X
development
X
Recording studios
M
P
X
X
X
X
X
M
Bottling plants
X
P
X
X
X
X
X
X
Sign making, except
P
P
X
X
X
X
X
sandblasting
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 27 of 73
Table 9-5 Permitted Uses in Nonresidential Districts
P = Permitted use
a
,?
A = Accessory use
'�
1°
IL
�o
o �a
ea
•�
ea
R
��
C = Conditional use
c
'�
L
`o°'
N
m
E d
m
permit
o�
E
L
EE
E
�m
�E
�d
EE
E=
O•-
�°'
=E
M= Minor use permit
d E
o f
E
F0 E
O E
cc
E
Temporary use
vEvvvv
z
v
-
v
permit0
v1
E
X = Prohibited use
1
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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 to
X
C
X
X
X
X
X
X
Section 9.100.230
Accessory Uses and Structures
Portable outdoor vending
uses (such as flower
stands, hotdog stands,
M
M
M
M
M
M
M
etc.), subject to Section
M
9.100.100
Swimming pools as an
A
A
A
A
A
A
A
accessory use
A
Golf or tennis facilities as
A
A
A
A
A
A
A
an accessory use
A
Signs, subject to Chapter
A
A
A
A
A
A
A
9.160
Fences and walls,
subject to Section
A
A
A
A
A
A
A
9.100.030
Antennas and satellite
dishes, subject to Section
A
A
A
A
A
A
A
9.100.070
A
Reverse vending
machines subject to
A
A
A
A
X
X
A
Section 9.100.190
M
Recycling dropoff bins,
subject to Section
M
A
M
M
X
X
A
9.100.190
Incidental products or
services for employees or
businesses, such as child
A
A
A
A
A
A
A
day care, cafeterias and
business support uses
A
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 28 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
w
A = Accessory use
'�
M
.a
o �a
o.
�
c
C = Conditional use
c
'd
.c L
N
�,
w
permit
om
' E
c,
E E
o�
E
�aa
E
�d
E E
E=
o=
tm
_ E
M= Minor use permit
E
o f
� E
l.0 E
O E
v cc
'> E
use
U
E
v v
z v
v
v
s c-
v
permitTemporary
v
2
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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 Section
T
T
T
T
T
T
T
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
palmistry
Sexually oriented
businesses, subject to
C
X
X
X
X
X
X
X
Section 9.110.0807
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 29 of 73
Table 9-5 Permitted Uses in
Nonresidential
Districts
P = Permitted use
-19
A = Accessory use
co
'�
a
w R
°o io
�a
C= Conditional use
c L
s
�, L
m
E d
m
tM
permit
0E
EE
mE
�E
EE
o=
`_°E
M= Minor use permit
d E
E
o f
t E
i.0 E
O E
v
15 E
Temporary use
v
E
v v
) v
v
v
0 U.
v
perm
V
M
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
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)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 30 of 73
Chapter 9.120 SPECIAL PURPOSE PERMITTED USES
9.120.010 Development permits required.
Table 9-8 of this chapter specifies whether a use or structure is permitted within a
zoning district. However, in most cases development to establish a land use requires
approval of a site development permit and/or other permits as set forth in Chapter
9.210. (Ord. 284 § 1 (Exh. A) (part),1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses
and structures which are permitted within each special purpose district. The letters in
the columns beneath the ' district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is
approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "X": Prohibited in the district.
P = Permitted use
ea
= Accessory use
a
m
1c
C = Conditional
�,
o
>
O
use permit
o
L
'o
O
d O
M
= Temporary use
N
c.
d � �,
�'
L
r
ca
'w
permit
Y
„�
c
c
N 0 2
0
d
= Prohibited use
0)0
a
C
= o>
d 5
cr
o
IL
0
O
u.
=00
U)m
w
ax
PR
GC
OS
FP
HC*
SOB
EOD*
AHO*
Land Use
P
P
P
P
P
P
**
O ens ace
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 31 of 73
P = Permitted use
d C
co
= Accessory use
`m
>
�a
x
C= Conditional
�,
m
c
L. 0
O
>
use permit
V c
= Temporary use
R '
oo
N
a
w
e�
permit
Y 0
,v
c
'fl
N N
3=
d
'rn
= Prohibited use
d
o
Q.
_°o
o>
m go
a
� o
a0�
O
O
LL
=00
cnm
w
ax
Public parks, lakes
P
P
P
P
X
**
**
and passive
recreation facilities
Playfields, lighted or
P
X
X
X
X
X
**
**
unlighted
Bicycle, equestrian
P
P
P
P
P
**
**
and hiking trails
Libraries and
C
X
X
X
C
X
**
**
museums
C
X
C
C
C
X
**
**
Visitor centers
Clubhouses and
P
A
X
X
X
X
**
**
community
pools/cabanas
Tennis courts or
P
A
X
X
X
X
**
**
complexes, public
**
Tennis clubs or
A
X
X
X
X
**
complexes, private
Golf courses and
**
country clubs,
including
C
P
X
X
X
X
**
clubhouses and
other customary
accessory uses
Golf courses
**
without above-
C
P
X
P
X
X
**
round structures,
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 32 of 73
P = Permitted use
5
= Accessory use
°
C = Conditional
cJR
'�
>
O
O
use permit
c
L
°
O
r
La
d O
= Temporary use
cc '
c
y
a
�, � >,
Z% d
w
� c
permit
Y
,v
c
w v L
x w
°
°
= Prohibited use
c o°i
o
a.
_°o
o >
o
IL W
O
O
u.
= Ci 0
U) IM
w
a x°
including fairways,
greens, tees and
golf -cart paths
Signs, subject to
A
A
A
X
A
**
**
Chapter 9.160
Fences and walls,
P
**
**
subject to Section
9.100.030
Satellite dish and
**
other antennas,
A
A
A
X
A
**
subject to Section
9.100.070
Temporary outdoor
T
T
T
T
T
T
**
**
vents, subject to
Section 9.100.040
Commercial
Filming, subject to
T
T
T
T
T
T
T
T
Section 9.210.050
Single-family
X
X
C
X
C'
X
**
**
residential
Multifamily
**
residential,
commercial (except
sexually oriented
X
X
X
X
X
X
**
businesses), office
r industrial
development
**(1) .
Sexually oriented
businesses, subject
X
X
X
X
X
C
**
o Section
9.140.050
Communication
**
towers and
C
C
C
C
C'
C
**
[equipment
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 33 of 73
P = Permitted use
= Accessory use
C = Conditional
use permit
= Temporary use
permit
= Prohibited use
(freestanding, new
towers) subject to
Chapter 9.170
Communication
towers and
equipment (co -
location, mounted to
existing facility)
subject to Chapter
9.170
Electrical
substations
Water wells and
pumping stations
Water tanks and
reservoirs
Public flood control
facilities and
devices
Medical marijuana
dispensaries
Other principal,
accessory or
emporary uses not
listed above
(Ord. 492 § 1, 2011; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 34 of 73
Chapter 9.200 GENERAL PERMITTING PROCEDURES
9.200.010 Development review process.
A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing
development review applications and.the criteria and conditions necessary so
that an appropriate decision may be made by the city on each such application.
B. Applicable State Law. It is intended that the provisions of this chapter shall be
consistent and in full compliance with Section 65920 et seq., and other
applicable sections of the State Government Code and that such provisions
shall be so construed.
C. Persons Who May File Applications. An application for a permit or other action
under Chapters 9.200 through 9,260 may be submitted only by a property
owner of the subject property, by an agent with notarized written authorization
from the property owner, or by a public agency.
D. Application Filing. Applications shall be filed with the planning department on
forms prescribed by the director, together with: (1) all maps, plans, documents
and other materials required by the director, and (2) all required fees per
Chapter 9.260. The director shall provide the necessary forms plus written filing
instructions specifying all materials and fees required to any requesting person
at no charge.
E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside,
void or annul any discretionary action described in this chapter shall be
governed by the applicable provisions of the State Planning and Zoning Law
(Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A),1996)
9.200.020 Authority.
A. Decision -Making Authority. Table 9-23, following, specifies the decision -making
authority for each of the various actions described in this code. An "A," "PH" or
"CC" means that the official or body at the top of the column has decision -
making authority for the application. An "A" means that the application is
reviewed administratively without a public hearing. A "PH" means that a public
hearing is required before action is taken. An "R(PH)" means that the planning
commission is responsible for holding a public hearing and forwarding a
recommendation to the city council. A "CC" means that the city council is
responsible for considering the site development permit as a consent calendar
item.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 35 of 73
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
Authori
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 ermit*'t*
A
PH
Minor use permit
A*
Minor adjustment
A*
Temporary use permit
A*
Home occupation permit
A**
Sign permit
A*
Sign program
A*
Subdivisions
Per city subdivision
code
Environmental review
Per city environmental review
procedures
F t3y city manager or nis/ner designee
** 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)
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 36 of 73
9.200.030 Combined applications.
At the discretion of the director, applications for different types of actions may be
combined and processed concurrently 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 some 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.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 37 of 73
B. Preparation of Environmental Documents. When it is determined that an
environmental impact report or a negative declaration is required for a
proposal, the application for that proposal shall not be deemed complete until
the applicant has deposited with the planning department sufficient funds to
pay for the cost of completion of the environmental impact report or negative
declaration. -The director shall determine the amount of funds 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. Approval with Conditions. Any application may be approved subject to
compliance with conditions. Conditions may require dedication of land,
installation of improvements, the posting of financial security to guarantee
performance, design modifications or other conditions necessary to achieve
the objectives of the general plan and this zoning code. After the action's
effective date as defined in subsection C of this section and after approval of
any required plan revisions per subsection D of this section, the proposed
land use or development may be established in compliance with all
applicable regulations, the approved project plans and specifications, and
the requirements of the conditions of approval.
3. Denial. When a conditional use permit or site development permit
application has been denied, an application for the same or a similar use on
the some 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.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 38 of 73
4. Withdrawal. With the concurrence of or at the request of the applicant, any
application may be withdrawn. When an application is withdrawn, such
action is effective immediately and is not subject to appeal. Thereafter, such
application shall be null and void and the property shall have the same
status as if no application had been filed.
B. Action in Writing. The decision on each application, including any required
findings and any other reasons that serve to explain the determination plus all
conditions of approval shall be in writing. A copy of the written determination
shall be forwarded to the applicant following the date of final determination
and shall be made available at cost to any person requesting such a copy.
C. Effective Date. The determination of the decision -making authority by
resolution shall be effective immediately unless appealed. Ordinances shall be
effective 30 days after second reading unless adopted as an urgency or
emergency ordinance as shall be effective as authorized under law.
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)
9.200.70 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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 39 of 73
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 or inactive.for a minimum six-month period shall have a written
thirty -day warning notification forwarded to the applicant by means of certified
mail or similar method. If no action is taken by the applicant regarding the
application within thirty days thereafter, the application shall automatically be
withdrawn and closed. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A), 1996)
9.200.080 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a development review permit shall
begin on the permit's effective date as set forth in Section 9.200.060. The
period of validity shall run pursuant to subsection C of this section.
B. Establishment. A development review permit shall be deemed established if the
following actions occur within twenty-four months of the effective date of the
approval or within such other time period designated by the approval:
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 40 of 73
extension shall stay expiration of the permit until action is taken on the
time extension by the decision -making authority unless the application
has been deemed incomplete , and inactive pursuant to Section
9.200.070(B). Development Review Permits can be extended no more
than twice.
2. Projects not requiring a. time extension. may be constructed in
accordance with the requirements and standards in effect at the time of
permit approval provided the construction complies with all project
conditions.of approval and all laws in effect at the time of the permit
approval. However, any project or permit requiring a time extension shall
conform to the requirements and standards in effect at the time the
extension is granted. (Ord. 489 § 1, 2011; Ord. 284 § 1 (Exh. A),1996)
E. Amendments to development review permits.
1. Content of Amendments. Permit amendments are required for
substantial revisions to conditions of approval, alterations to approved
plans which are more substantial than the modifications provided for in
Section 9.200.090 new or additional land uses, or similar major changes.
2. Procedures. A development review permit may be amended any number
of times by the approval of a subsequent application. All permit
amendments shall be for the same parcel or property for which a
development review permit was previously approved. Amendments shall
be filed prior to the expiration of the previously approved permit in
compliance with the same filing procedures and payment of the fee
required for an amendment. Amendments shall be processed in the
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 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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 41 of 73
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. 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 approved landscaping 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.
7. Changes in residential model design.
D. Ineligibility. Modifications by applicant which have been determined by the
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. (Ord. 466 § 1, 2009; Ord. 284 § 1 (Exh. A),
1996)
9.200.110 Public hearings.
A. Applicable State Law. Public hearings required for development review actions
shall be carried out in accordance with the procedures set forth in this section.
It is intended that the provisions of this section shall be fully consistent and in
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 42 of 73
full compliance with Section 65090 et seq., of the State Government Code and
that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to State Government Code Section 65093,
the failure of any person to receive notice shall not constitute grounds for any
court to invalidate the action of the decision -making authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with
subsection D of this section and then held by the decision -making authority
prior to action on the relevant application. At the public hearing, the decision -
making authority may take action on the application, continue the application
to a specified date, or take the application under submission. An application
taken under submission may later be taken out of submission for the purpose
of taking action on the application without scheduling a new public hearing
provided no additional testimony is heard and no further evidence is presented.
Further testimony may be heard and further evidence may be presented
regarding an application taken under submission only if a new public hearing is
held in compliance with this section.
D. Noticing Requirements. Not less than ten days prior to hearing. The city shall:
1. Mail or deliver a public notice, which includes the date, time and place of the
hearing, the application number, the applicants name, the location of the
property affected, and a description of the land use, development or other
action proposed, to:
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
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 43 of 73
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 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. For purposes of this section, the "board of
appeals" shall be the planning commission for decisions appealed to the
planning commission and shall be the city council for decisions appealed to the
city council.
B. Persons Who May Appeal. Any interested person may appeal a decision of the
director or the planning commission regarding the action taken on a
development review permit application for a development project upon
submittal of the required documents and information and the payment of the
required fee.
C. Call -Up Review. The board of appeals (either the planning commission or city
council), on its own motion adopted by a majority vote of its total membership,
may elect to call up and review any decision of the director or the planning
commission regarding the action taken on a development review permit
application. The planning commission's or city council's call-up review shall be
processed in accordance with this section
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
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include the next city working day. No appeal shall be accepted after the
appeal period has expired.
b. 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 call-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
some 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, shall be in
writing and shall include all grounds for the appeal and sufficient
information so as to make it clear to the planning commission or city
council the substance of each of the grounds for appeal. The director may
require that the written appeal be accompanied by such other documents
and information that the director determines to be necessary to adequately
explain and provide proper notification for the appeal. No appeal shall be
accepted if it fails to contain the grounds for the appeal and the description
of the grounds.
3. Forwarding of Records. When an appeal has been received, the director
shall forward to the planning commission or city council all documents and
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information on file pertinent to the appeal together with the minutes or
official action of the decision -making authority and a report on the basis of
the decision.
4. Public Hearing Requirements. If the original approving action did not require
a public hearing, the appeal review shall not require a public hearing. If the
original approving action required a public hearing, the appeal review shall
also require a public hearing. Notice and scheduling requirements for an
appeal hearing shall be the same as those for an original hearing as
described in Section 9.200.110.
5. Issues to be Considered. The planning commission or city council may
refuse to consider any issues which were not raised by the appellant or
another person either by verbal testimony or written correspondence made
at or before the time the decision -making authority took action. When
reviewing a decision -making authority's decision via its own call-up review,
the planning commission or city council may raise and consider any issue it
deems appropriate to the project application.
6. Action on Appeal. Not later than forty-five days after an appeal. has been
received and accepted by the director, the planning commission or city
council shall consider the appeal and take one of the following actions:
a. Take action to sustain, reverse or modify the original decision. If an
original decision to approve a project is modified, the planning
commission or city council 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.
7. Majority Vote. Action by the planning commission or city council 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)
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9.200.130 Permit revocation.
A. Grounds for Revocation. Any development review permit may be revoked by the
decision -making authority or the city council pursuant to the provisions of this
section on any of the following grounds:
1. Such approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted or
extended have been violated.
3. A change in conditions occurring after the original grant of the approval or
the continuation of the use as approved is contrary to public health, safety
or general welfare, or is detrimental or incompatible with other permitted
uses in the vicinity.
4. The findings which were the basis for the original permit approval can no
longer be made.
5. Other grounds as set forth elsewhere in this code such as, but not limited to,
those for sexually oriented businesses..
B. Procedure. Prior to any action on revocation, the decision -making authority
shall hold a public hearing noticed and held in accordance with Section
9.200.110, except that the permittee shall be given not less than fifteen days'
notice. The notice shall state the causes for which the revocation is to be
considered.
C. Action of Decision -Making Authority. Following the hearing, the decision -
making authority may revoke the permit or revoke the permit subject to
reinstatement upon compliance with the conditions of the original permit.
D. Amortization. If a revocation of any permit is ordered, the decision -making
authority may at the same time provide for a reasonable period of time to
amortize any lawful existing uses on the site. Extensions of this time period
may be granted for good cause shown on later application to the decision -
making authority by any affected person.
E. Appeal. Any action by the decision -making authority pursuant to this section
may be appealed as set forth in Section 9.200.120.
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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 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 any land uses associated with the development
shall be in compliance with the plans, specifications and conditions of approval
shown on and/or attached to the approved permit.
C. Applicability. A site development permit is required for all projects which
involve building construction except the following:
1. Individual single-family houses and alterations to single-family houses or
associated accessory structures, unless a site development permit is otherwise
required by an applicable provision of this code or permit condition of approval.
2. Temporary uses (requires temporary use permit per Section 9.210.050).
D. Decision -Making Authority. Site development permits shall be processed as
follows:
1. The director shall be the decision making authority for the following
projects:
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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.
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.
E. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the general
plan.
2. Consistency with Zoning Code. The project is consistent with the provisions
of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Architectural Design. The architectural design of the project, including, but
not limited to, the architectural style, scale, building mass, materials, colors,
architectural details, roof style and other architectural elements are
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compatible with surrounding development and with the quality of design
prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to,
project entries, interior circulation, pedestrian and bicycle access, pedestrian
amenities, screening of equipment and trash enclosures, exterior lighting,
and other site design elements are compatible with surrounding
development and with the quality of design prevalent in the city.
6. Landscape Design. Project landscaping, including, but not limited to, the
location, type, size, color, texture and coverage of plant materials, has been
designed so as to provide visual relief, complement buildings, visually
emphasize prominent design elements and vistas, screen undesirable views,
provide a harmonious transition between adjacent land uses and between
development and open space, and provide an overall unifying influence to
enhance the visual continuity of the project.
F. Appeals. Appeals to decisions on -site development permits shall be reviewed
pursuant to Section 9.200.120.
G. 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 site development permits shall be processed
pursuant to Section 9.200.100.
I. 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)
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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.
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.
E. Compliance with Permit. The establishment and operation of any land use
authorized under a use permit and any development associated with the
permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the
permit at all times.
F. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of a conditional use permit:
1. Consistency with General Plan. The land use is consistent with the general
plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of
this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the vicinity.
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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.
I. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200.080.
I The use permit may be modified or revoked by the city council, or planning
commission, should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare, or materially injurious to property, or improvements in the vicinity, or if
the property is operated or maintained, so as to constitute a public nuisance.
(Ord. 489 § 1, 2011; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996)
9.210 020 Minor use permits
A. Purpose. The purpose of a minor use permit or minor use permit is to provide
for individual approval or denial of land uses requiring such permits under this
code.
B. Definitions. See Chapter 9.280.
C. Applicability. A minor use permit is required for all land uses identified in this
code as requiring such permits.
D. Decision -Making Authority. Minor use permits shall be processed
administratively by the director pursuant to Section 9.200.020.
E. Compliance with Permit. The establishment and operation of any land use
authorized under a use permit and any development associated with the
permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the
permit at all times.
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F. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of a minor use permit:
1. Consistency with General Plan. The land use is consistent with the general plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of
this zoning code.
3. with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality
Act.
4. Uses. Approval of the application will not create conditions materially
detrimental to the public health, safety and general welfare or injurious to
or incompatible with other properties or land uses in the vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to
Section 9.200.120
K. Expiration and Time Extensions. The period of validity for establishment or time
extension of a site development permit shall be pursuant to Section 9.200.080.
H. Amendments. Amendments to use permits shall be processed pursuant to
Section 9.200.100.
I. The use permit may be modified or revoked by the city council or planning
commission should a majority of either body 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 is to provide for deviations from applicable
standards of this zoning code such as the development standards set forth in
Chapter 9.50 and 9.90. Therefore, any development,or other activity authorized
under such a permit shall be in compliance with the plans, specifications and
conditions of approval shown on and/or attached to the approved permit.
B. Applicability. A variance is required for any development which is not consistent
with applicable site development standards or other regulations of this code
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and which is not eligible for consideration as a minor adjustment pursuant to
Section 9.210.040.
C. Decision -Making Authority. Variances shall be reviewed by the planning
commission in conjunction with a public hearing held pursuant to Section
9.200.110.
D. Conditions of Approval. If a variance is approved, conditions may be placed on
the permit to mitigate or eliminate adverse impacts on surrounding properties,
residents or businesses.
E. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of a variance:
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 variance application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the vicinity.
5. Special Circumstances. There are special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, which, when the zoning regulations are strictly applied,
deprive the property of privileges enjoyed by other properties in the vicinity
subject to the same zoning regulations. The special circumstances shall be
specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is necessary for
the preservation of a substantial property right possessed by other property
in the same vicinity and zoning district and otherwise denied to the subject
property.
7. No Special Privileges. The variance's required conditions of approval assure
that the adjustment authorized will not constitute a grant of special
privileges which are inconsistent with the limitations placed upon other
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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.
F. Expiration and Time Extensions. The period of validity for establishment or time
extension of a site development permit shall be pursuant to Section 9.200.080.
G. Amendments. Amendments to variance permits shall be processed pursuant to
Section 9.200.080
H. Staff Certification of Construction Documents. If development is provided for
under the variance, 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 permit. Other deviations shall require consideration of a variance
pursuant to Section 9.210.030. Up to three adjustments per lot shall be
allowed.
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. Any 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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G. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the general
plan.
2. Consistency with Zoning Code. The project is consistent with the provisions
of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or
injurious to or incompatible with other properties or land uses in the vicinity.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant
to Section 9.200.120.
I. Expiration and Time Extensions. The minor adjustment will expire at the some
time as the primary building or planning permit.
I 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.
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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. Any use or development authorized under such a permit shall be in compliance
with the plans, specifications and conditions of approval shown on and/or
attached to the approved permit.
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
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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:
G. The establishment and conduct of a home occupation shall be an incidental
and accessory use and shall not change the principal character or use of the
dwelling unit.involved.
H. Only residents of the dwelling unit may be engaged in the home occupation.
I. A home occupation shall be conducted only within the enclosed living area of
the dwelling unit or within the garage provided no garage space required for
off-street parking is used. The home occupation shall not occupy more than
twenty-five percent of the combined floor area of the house and garage.
I A home occupation shall not be conducted within a detached accessory
structure, although materials may be stored in such a structure.
K. There shall be no signs, outdoor storage, parked vehicles or other exterior
evidence of the conduct of the home occupation. Neither the dwelling nor the
lot shall be altered in appearance so that it appears other than a residence,
either by color, materials, construction, lighting, sounds, vibrations or other
characteristics.
L. Electrical or mechanical equipment which creates interference in radio,
television or telephone receivers or causes fluctuations in line voltage outside
the dwelling unit shall be prohibited.
M. The home occupation shall not create dust, noise or odors in excess of that
normally associated with residential use.
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.
O. Medical, dental or similar occupations in which patients are seen in the home
are prohibited.
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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 legislative 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 city manager or his/her designee.
D. Review Procedures.
1. Zone changes shall be approved, approved with modifications or denied by
ordinance of the city council after receipt of testimony at a public hearing
held pursuant to Section 9.200.110.
2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation to the
council.
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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 text amendments.
A. Purpose. A zoning 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 city manager or his/her designee;
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4. An interested party.
D. Review Procedures. 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 text amendment:
1. Consistency with General Plan. The code amendment is consistent with the
goals, objectives and policies of the general plan.
2. Public Welfare. Approval of the code amendment will not create conditions
materially detrimental to the public health, safety and general welfare. (Ord.
367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.230 GENERAL PLAN AMENDMENTS
9.230.010 Application and referral.
A. Purpose. A general plan amendment is a 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 city manager or his/her designee.
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.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 61 of 73
E. Frequency of General Plan Amendment.
1. General Plan elements specified as mandatory in the State Government
Code may be amended pursuant to City Council Resolution 2000-77. Each
amendment may include more than one change to the general plan.
2. The limitation on frequency of amendments to the general plan set forth in
subsection (E)(1) of this section does not apply to residential development
projects with at least twenty-five percent of the dwelling units to be
occupied by persons or families of low or moderate income. (Ord. 367 § 1
(Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
F. Review Procedures.
1. General plan amendments shall be approved, approved with modifications
or denied by resolution of the city council after receipt of testimony at a
public hearing held pursuant to Section 9.200.110. Approval or approval
with modifications shall require an affirmative vote of a majority of the total
membership of the council.
2. Prior to city council review, the planning commission shall hold a public
hearing, review the application, and forward a recommendation with
findings to the council.
3. If the council contemplates a modification to the application not previously
considered by the planning commission, the proposed modification may be
referred to the commission for report back to the council. A public hearing
shall not be required for such commission review.
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.
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 62 of 73
4. Property Suitability. In the case of amendments to the general plan policy
diagram, the new designation is suitable and appropriate for the subject
property.
5. Change in Circumstances. In the case of amendments to the general plan
policy diagram, approval of the amendment is warranted because the
situation and the general conditions of the property have substantially changed
since the existing designation was imposed. (Ord. 367 § 1 (Exh. A), 2002;
Ord. 284 § 1 (Exh. A),1996)
Chapter 9.240 SPECIFIC PLANS
9.240.010 Specific plan review.
A. 'Purpose. A specific plan is a detailed plan covering a selected area of the city
for the purpose of implementation of the general plan.
B. Applicable State Law. It is intended that the provisions of this section shall be
fully consistent and in full compliance with Section 65450 et seq., of the State
Government Code and that such provisions shall be so construed.
C. Who May Apply. A specific plan or specific plan amendment application may be
initiated by:
1. The city council
2. The owner of the property or by the owners agent (with written notarized
authorization from the owner);
3. The planning commission by a majority vote; or
4. The city manager or his/her designee.
D. Review Procedures. Specific plans shall be prepared, adopted and amended in
the some 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
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 63 of 73
2. Public Welfare. Approval of the specific plan or amendment will not create
conditions materially detrimental to the public health, safety and general
welfare.
3. Land Use Compatibility. The specific plan is compatible with zoning on
adjacent properties.
F. Property Suitability. The specific plan is suitable and appropriate for the subject
property. (Ord. 367 § 1 (Exh. A), 2002; Ord. 284 § 1 (Exh. A), 1996)
Chapter 9.250 OTHER ACTIONS
9.250.020 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.
9.250.030 Development agreements.
A. Purpose. A development agreement is a 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.
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 64 of 73
The application shall include as separate documents by reference, the
following information
a. Duration of the agreement;
b. The permitted uses of the property;
c. The density or intensity of use of the property;
d. The maximum height and size of proposed buildings;
e. Provisions for reservation of dedication of land for public purposes;
f. Fiscal impact statement to include revenue generated to the city and
benefits received by the developer;
g. Phasing and project completion date;
h. Consistency with the general plan and any applicable specific plan.
In addition to the above, the director may require an applicant for a
development agreement to submit such other information and supporting
data as the director deems necessary to process the application.
2. Fees. The city council shall establish and from time to time amend by
resolution a schedule of fees imposed for the filing and processing of each
application and documentation required by this chapter. The fee may be
waived in whole or in part by the city council for affordable housing that is in
conformance with the general plan.
3. Who May Apply. An application for a development agreement may only be
filed by a person who has a legal or equitable interest in the real property
for which a development agreement is sought or the authorized
representative of such person.
4. Proposed Form of Agreement. Each application shall be accompanied by
draft development agreement in form which is mutually agreed upon by the
applicant and the city at a pre -proposal meeting. This requirement may be
met by using the city's standard development agreement form and
including specific proposals for changes in or additions to the language of
the standard form.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 65 of 73
5. Review and Filing of Application. The director shall endorse on the
application the date it is received. The director shall review the application
and determine if additional requirements are necessary to complete the
agreement. The application may be rejected if it is not completed in the
manner required by these rules. After receiving the required information,
the director shall prepare a staff report. The staff report shall analyze the
proposed development agreement and shall contain a recommendation as
to whether or not the development agreement proposed or in an amended
form would be consistent with the general plan or any applicable specific
plan. Before processing the application the director shall obtain the opinion
of the city attorney as to sufficiency of the applicant's interest in the real
property to enter into agreement.
6. Notice of Intention. Upon completion of the staff report required by
subsection C5 of this section, in addition to any other notice required by law,
the director shall give notice of intention to consider adoption of a
development agreement. The notice shall contain:
a. The time and place of the public hearing;
b. A general explanation of the development agreement, including a
general description of the property proposed to be developed;
c. Other information that the director considers necessary or desirable.
7. Manner of Giving Notice. All notices required by these rules shall be
processed in the manner provided in Section 9.200.110 of this code.
8. Hearing and Recommendation of Planning Commission. The planning
commission shall hold a public hearing on the proposed development
agreement at the time and place specified in the notice of intention. The
planning commission shall make its recommendation to the city council in
writing within thirty days of the date set for the public hearing. The
recommendation shall include whether or not the proposed development
agreement:
a. Is consistent with the objectives, policies, general land uses and
programs specified in the general plan and any applicable specific plan;
b. Is compatible with the uses authorized in and the regulations prescribed
for the land use district in which the real property is located;
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 66 of 73
c. Is in conformity with the public necessity, public convenience, general
welfare and good land use practices;
d. Will be detrimental to the health, safety and general welfare;
e. Will adversely affect the orderly development of property or the
preservation of property values;
f. Will have a positive fiscal impact on the city.
9. Hearing by City Council. After the recommendation of the planning
commission or after the expiration of the time period specified in subsection
C8 of this section, the director shall give notice of a public hearing before
the city council in the manner provided for in subsections C6 and. 7 of this
section.
10. Decision by City Council.
a. After it completes the public hearing and considers the
recommendation, if any, of the' planning commission, the city council
may accept, modify or disapprove the proposed development
agreement. It may, but need not, refer the matters not previously
considered by the planning commission during its hearing back to the
planning commission for report and recommendation. The planning
commission shall not be required to hold a public hearing on matters
referred back to it. by the city council.
b. The development agreement may not be approved unless the city
council finds that the development agreement is consistent with the
general plan and any applicable -specific plan.
11. Approval of Development Agreement. The development agreement shall
be approved by the adoption of an ordinance. Upon the adoption of the
ordinance, the city shall enter into the development agreement by the
execution thereof by the city manager.
12.Amendment and Cancellation.
a. Either the city or the applicant or successor in interest thereto may
propose an amendment or cancellation in whole or in part of the
development agreement.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 67 of 73
b. The procedure for proposing and approving. an amendment to or
cancellation in whole or in part of the development agreement shall be
the same as the procedure for entering into a development agreement.
c. Notwithstanding the foregoing, a proposed amendment to a
development agreement to delete certain real property from the terms
and conditions of the agreement and sell such property to a public entity
considered by the planning commission without a noticed public hearing
so long as the planning commission holds a properly noticed public
hearing in connection with a proposed general plan amendment and/or
zone change for such property. Upon consideration of the proposed
amendment and written recommendation to the city council by the
planning commission, the city council shall hold a properly noticed public
hearing and consider the amendment in accordance with the same
procedure for entering into a development agreement.
d. Except as expressly set forth herein, each and every provision of this
section concerning the procedures for processing and approval of
development agreements remains in full force and effect.
e. Except as provided for in subsection C14c of this section, the
development agreement may only be amended or canceled in whole or
in part by the mutual consent of all parties to the development
agreement.
13. Recordation.
a. No later than ten days after the city enters into the development
agreement, the city clerk shall record with the county recorder a copy of
the development agreement.
b. If the parties to the agreement or their successors in interest amend or
cancel the agreement, or if the city terminates or modifies the
agreement for failure of the applicant to comply in good faith with the
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.
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 68 of 73
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
A. Purpose. The purpose of the Planned Unit Development is to allow flexibility in
the design of residential projects, and encourage the development of creative,
high -quality residential projects that provide attractive living environments in a
setting that is different from standard single family home development.
B. Permit Required. Planned Unit Developments (PUD) shall require approval of a
Conditional Use Permit.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 69 of 73
C. Design Guidelines Required. All PUDs shall be required to submit design
guidelines that include:
1. A site plan that shows building and unit footprints, common and private
open space areas, parking areas, roadways/driveways/alleys, and access
points.
2. Architectural plans that include elevations, floor plans, roof plans, lighting
and landscaping plans. The graphic plans must be accompanied by text that
describes minimum development standards, building materials, landscape
palette and lighting details.
3. For projects proposing two or more story structures, a massing plan that
depicts the relationship of the structures within the project to each other,
and to development adjacent to the project. The massing plan shall be
accompanied by text that describes how the project is compatible with
surrounding development
4. A common area plan that describes in text the area(s) to be devoted to
common area, and the amenities to be provided, as well as a calculation of
the percentage of common area provided in relation to the residential units.
5. A circulation plan that provides graphics and text describing the
roadway/driveway/alleyway cross-section dimensions, parking areas, and
entryway treatments.
D. Development Standards. All PUDs shall be subject to the following development
standards.
1. Density. The maximum density allowed in a PUD shall not exceed the
general plan and zoning designation on the property.
2. In order to encourage creative design, development standards in PUDs can
be proposed by the applicant. The applicant must demonstrate in the
project's design guidelines that reduced setbacks are offset with project
amenities.
3. Common Areas. A PUD must provide 30% of the net project area (not
including city street dedications, interior streets or parking areas), as
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 70 of 73
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 community as
a whole. Amenities can include:
• Passive park, at least 1/2 acre in size, and not including retention
basins
• Swimming pool, with or without spa
Clubhouse/recreation room
Tot lot with play equipment
Picnic tables and barbeque areas
• Tennis court
Basketball court
Volleyball court
Bocce ball or horseshoe pitch
Softball, baseball or soccer field
Putting green, driving range or similar golf -oriented area
• Par course
• Off-street continuous trail or paseo (allowing a loop through the
project)
• Community garden
• Daycare center or similar children's activity building
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 71 of 73
Other facilities as determined appropriate by the Director
A minimum number of amenities shall be provided based on the number of
units within a project, as shown below.
0-25 units
51-100
51-100 units
101 or more units
2 amenities
nits 3 amenities
4 amenities
5 amenities
4. Parking: Parking shall be provided consistent with Chapter 9.150. As
provided in that chapter, variations from parking requirements can be
proposed in a PUD, with appropriate substantiation.
5. Signage. Signage shall be provided consistent with Chapter 9.160.
E. Required Findings. The following findings shall be made by the decision -making
authority prior to the approval of any Planned Unit Development:
1. Consistency with General Plan. The project is consistent with the general
plan.
2. Consistency with Zoning Code. The project is consistent with the provisions
of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
4. Architectural Design. The architectural design of the project, including, but
not limited to, the architectural style, scale, building mass, materials, colors,
architectural details, roof style and other architectural elements are
compatible with surrounding development and with the quality of design
prevalent in the city.
5. Site Design. The site design of the project, including, but not limited to,
project entries, interior circulation, pedestrian and bicycle access, pedestrian
amenities, screening of equipment and trash enclosures, exterior lighting,
and other site design elements are compatible with surrounding
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Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 72 of 73
development and with the quality of design prevalent in the city.
6. Landscape Design. Project landscaping, including, but not limited to, the
location, type, size, color, texture and coverage of plant materials, has been
designed so as to provide visual relief, complement buildings, visually
emphasize prominent design elements and vistas, screen undesirable views,
provide a harmonious transition between adjacent land uses and between
development and open space, and provide an overall unifying influence to
enhance the visual continuity of the project.
Ordinance No. 538
Amendment to Title 9 Zoning
Adopted: April 19, 2016
Page 73 of 73
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 538 which was
introduced at a regular meeting on the 5th day of April, 2016, and was adopted at a
regular meeting held on the 19th day of April, 2016 not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
SUSAN MAYSELS, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on April 20, 2016, pursuant to Council Resolution.
a
SUSAN MAYSELS, City Clerk
City of La Quinta, California