HomeMy WebLinkAbout04-25-2018 PC Amended PacketCity of San Luis Obispo, Agenda, Planning Commission
Amended Agenda
PLANNING COMMISSION
Wednesday, April 25, 2018
6:00 p.m. REGULAR MEETING Council Chamber
990 Palm Street
San Luis Obispo, CA
CALL TO ORDER
PLEDGE OF ALLEGIANCE : Chair Fowler
ROLL CALL : Commissioners Hemalata Dandekar, Robert Jorgensen, John McKenzie,
Nicholas Ostebur, Mike Wulkan, Vice-Chair Charles Stevenson, and Chair
John Fowler.
CONSIDERATION OF MINUTES
2. Minutes of the Planning Commission meeting of February 28, 2018.
PUBLIC COMMENT: At this time, people may address the Commission about items not on the
agenda. Persons wishing to speak should come forward and state their name and address.
Comments are limited to three minutes per person. Items raised at this time are generally referred
to staff and, if action by the Commission is necessary, may be scheduled for a future meeting.
PUBLIC HEARINGS
NOTE: Any court challenge to the action taken on public hearing items on this agenda may be
limited to considering only those issues raised at the public hearing or in written correspondence
delivered to the City of San Luis Obispo at, or prior to, the public hearing. If you wish to speak,
please give your name and address for the record. Please limit your comments to three minutes;
consultant and project presentations limited to six minutes.
3. 790 Foothill Blvd. Review of a new four-story mixed-use project with 6,800 square feet of
ground floor commercial/retail space, 78 residential units, and 155 parking spaces with a
request for mechanical parking lifts and to expand hours of operation for the commercial
Planning Commission Agenda for April 25, 2018 Page 2
spaces. Twelve of the units in the project will be affordable to very-low income
households, which allows for a 35% density bonus. Two affordable housing incentives
are being requested including the construction of a 43-foot tall structure where 35 feet is
normally allowed and an increase in allowable lot coverage from 75% to 90%. The project is
both statutorily exempt under Section 15195 and categorically exempt under Class 32, In-Fill
Development Projects, Section 15332 of the CEQA Guidelines. Case #: USE-1187-2017, C-
C-SF Zone; LR Real Estate Investment Group, LLC, applicant (Rachel Cohen)
Continued to a date uncertain.
BUSINESS ITEMS
4. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing
the policies and programs of the Land Use and Circulation Elements (LUCE). This will be
a standing item on the Planning Commission agenda from June 14, 2017 through completion
of the Update of the Zoning Regulations, tentatively scheduled for completion in March
2018. This will be an opportunity for staff to update the Commission on the status of the
Zoning Regulations Update and for the Commission to listen to ongoing public testimony and
discuss any such updates as they come forward. As a standing item, sometimes there will be
nothing to report; other times staff will give a brief update with limited discussion; and at
certain points, such as review of the Land Use Table, Parking Requirements, and the
Reformatted Outline, there will be more substantive discussion on the item. When materials
are associated with the Update, as with the White Papers associated with the Update, such
information will be made available to the public and Commission prior to the meeting. (Doug
Davidson/Kyle Bell)
Specific Items for Consideration are:
a. Informational Items: Draft White Papers – Re-envisioning Personal Mobility and
Implementing the Climate Action Plan
b. Follow-up from April 10th City Council Study Session
c. Article 6 (Permit Procedures)
d. Development Standards per Article 3 (Regulations and Standards Applicable to All Zones)
e. Article 7 (Administration of Zoning Regulations)
COMMENT AND DISCUSSION
5. Staff Update
a. Agenda Forecast
ADJOURNMENT
Planning Commission Agenda for April 25, 2018 Page 3
The next Regular Meeting of the Planning Commission is scheduled for Wednesday, date,
2018, at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
APPEALS
APPEALS: Any decision of the Planning Commission is final unless appealed to City Council
within 10 days of the action (Recommendations to City Council cannot be appealed since they are
not a final action.). Any person aggrieved by a decision of the Commission may file an appeal with
the City Clerk. Appeal forms are available at the Community Development Department office, City
Clerk’s office, or on the City’s website (www.slocity.org). The appropriate appeal fee must
accompany the appeal documentation.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see Recording
Secretary.
The City of San Luis Obispo wishes to make all of its public meet ings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City Clerk’s
Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications
Device for the Deaf (805) 781-7107.
Planning Commission regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the Planning Commission are available for public inspection in
the Community Development Department located at 919 Palm Street, San Luis Obispo, California
during the hours of 8:00 AM to 3:00 PM, and on the City’s website
http://www.slocity.org/government/advisory-bodies.
Meeting video recordings can be found on the City’s website:
http://www.slocity.org/government/department-directory/city-clerk/on-demand-meeting-videos
City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Minutes - Draft
Planning Commission
Regular Meeting
Wednesday, February 28, 2018
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, February 28, 2018 at 6:03 p.m. in the Council Chamber, located at 990 Palm Street,
San Luis Obispo, California, by Chair Stevenson.
ROLL CALL
Present: Commissioners Hemalata Dandekar, Nicholas Ostebur, Mike Wulkan, Vice-Chair
John Fowler, and Chair Charles Stevenson.
Absent: Commissioner Ronald Malak
Staff: Community Development Deputy Director Doug Davidson, Assistant City
Attorney Jon Ansolabehere, Associate Planner Rachel Cohen, Recording Secretary
Summer Aburashed.
Pledge of Allegiance
Chair Stevenson led the Pledge of Allegiance.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Judy Reiner
Cheryl McLean
--End of Public Comment--
CONSENT AGENDA – CONSIDERATION OF MINUTES
ACTION: MOTION BY VICE-CHAIR FOWLER, SECOND BY COMMISSIONER
DANDEKAR, CARRIED 5-0-1 to approve the minutes of January 10, 2018, as amended.
MOTION BY COMMISSIONER DANDEKAR SECOND BY COMMISSIONER WULKAN,
CARRIED 5-0-1 to approve the minutes of January 24, 2018, as amended.
Meeting Date: April 25, 2018
Item Number: 2
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Planning Commission Meeting Minutes
February 28, 2018
Page 2 of 4
PUBLIC HEARINGS
2. 609 Palm Street (610, 614, 630, 633 Palm St. & 970, 972 Nipomo St.) Review of the Draft
Environmental Impact Report (EIR) prepared for the proposed Palm Nipomo Parking
Structure project during the public review period. This meeting is an opportunity for the City
and consultant staff to gather information from the public and Planning Commission
regarding the analysis and findings of the Draft EIR. The project includes five levels of
parking for up to 445 parking spaces, 5,000 square feet of commercial space, and a non-profit
theatre with approximately 24,000 square feet and up to 290 theatre seats. In addition, the
project includes a zone change and General Plan Amendment from the current Office (O)
zone and Medium-High Residential (R-3) zone to Public Facility (PF) zone. Case #: EID-
0349-2017, O-H zone & R-3 zone; City of San Luis Obispo, applicant.
Associate Planner Cohen presented the staff report and responded to Commission inquiries.
Applicant, Shauna Callery, with Rincon and Parking Service Manager, Scott Lee and Joe
Fernandez with Central Coast Transportation Consultants responded to commissioner inquires.
Chair Stevenson opened the public hearing.
Public Comments
Dominic Tartaglia
Russell Brown
Dave Hannings
Mark Johnson
Ursula Bishop
Kathy Godfrey
Sam Blakeslee
Chair Stevenson closed the public hearing.
ACTION: The following comments and/or direction was provided by the Commission:
• Project a project alternative that includes one subterranean level of parking, thereby
reducing the height of the structure.
• The EIR should consider the increase of noise for Palm Street – Nipomo to Broad (Table
17, pg. 96) from a level that meets City standards to one that exceed the standards and
therefore should be considered a significant impact and appropriate mitigation should be
discussed in the EIR.
• Page 91 of the EIR, mitigation N-1(b) needs to be reworded for clarity and to eliminate
reference to noise. Suggested rewording: No construction shall occur between the hours of
7 pm to 7am on Sundays and holidays.”
• Page 99, Table 19 of the EIR should consider looking at other intersections as there is
significant traffic on the following streets: Nipomo & Higuera, Broad & Higuera, and
Monterey & Broad.
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Planning Commission Meeting Minutes
February 28, 2018
Page 3 of 4
• Page 122, Table 4 of the EIR regarding pedestrian impacts - recommendation for
mitigation: install crosswalks on Nipomo to increase safety for pedestrians.
• Consider the line of site for the project and high traffic volume at school times.
BUSINESS ITEMS
3. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing
the policies and programs of the Land Use and Circulation Elements (LUCE). This will be a
standing item on the Planning Commission agenda from June 14, 2017 through completion of
the Update of the Zoning Regulations, tentatively scheduled for completion in March
2018. This will be an opportunity for staff to update the Commission on the status of the
Zoning Regulations Update and for the Commission to listen to ongoing public testimony and
discuss any such updates as they come forward. As a standing item, sometimes there will be
nothing to report; other times staff will give a brief update with limited discussion; and at
certain points, such as review of the Land Use Table, Parking Requirements, and the
Reformatted Outline, there will be more substantive discussion on the item. When materials
are associated with the Update, as with the White Papers associated with the Update, such
information will be made available to the public and Commission prior to the meeting. (Doug
Davidson/Kyle Bell)
Specific Items for Consideration are:
a. Preliminary Review of Article 2 (Zones, Allowable Uses, and Development and Design
Standards)
b. Preliminary Review of Article 4 (Regulations for Specific Land Uses an d Activities)
c. Informational Item: Draft White Paper on Flexible Densities Downtown
Deputy Director Doug Davidson and Associate Planner Kyle Bell presented the staff report
and responded to Commission inquiries.
Public Comments
Dominic Tartaglia
Allen Cooper
RECESS:
The Commission recessed at 7:58 p.m. and reconvened at 8:06 p.m. with all Commissioners
present.
ACTION: The following comments and/or direction was provided by the Commission:
Draft white paper:
• Page 4 should encourage having a small kitchen including an oven, stove, fridge, and sink,
and bathroom in the compact units. Size 250 square foot area, should be more efficient
and have complete and livable, sound attenuation.
• Junior ADU efficiency units are needed around the city.
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Planning Commission Meeting Minutes
February 28, 2018
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• Set appropriate parking standards, would like to see a survey to see what the parking
demand is for people that would be moving into these units.
• City should consider getting data from Ventura and Santa Barbara Counties.
• Consider shared bathroom, dorm style, to maximize land use downtown.
Article 2:
• Office Zone - Keep limit at 25 feet and establish criteria to go limit when housing or another
feature merits going up to 35 feet.
• When considering mixed-use development maintain the principal commercial use.
• PF Zone – keep at 35 feet with possibility for 45 feet for a public parking structure
• 17.26.020 – Previous section also mentions the floor area, therefore this should reference
those standards or consolidate in this table.
• 17.52.020 – if applicant can justify reasons for a smaller lot, reduce the 1-acre PD
requirement to something smaller to encourage more creative designs.
• 17.62.070 – We don’t need automatic use permits, suggest considering some overlays such
as noise and flood hazard, therefore wouldn’t need an automatic hearing if criteria can be
met.
• 17.16.020 – Allow a PD in low-density residential R1 zones. Lowering minimum size of
acre to qualify for PD. Future item to go more into detail is an option
• Purpose statement descriptions now seem too wordy, may want bullet points to simplify.
• 17.28.030 - Provision for large retail buildings after current business goes under, as it may
become a public nuisance.
• 17.32.030 – 7g, Define “Energy Efficiency” and what the expectations are.
• Extending downtown overlay up Monterey is appropriate.
o Concern over exceeding 4 stories and 45 feet in this area, the way its zoned now is
adequate.
o Need to understand what it looks like before making a decision.
Continue with Article 2 and all of article 4 in a future meeting.
COMMENT AND DISCUSSION
4. Agenda Forecast – Deputy Community Development Director Doug Davidson provided an
update of upcoming projects.
ADJOURNMENT
The meeting was adjourned at 9:19 p.m. The next Regular meeting of the Planning Commission
is scheduled for Wednesday, March 14, 2018 at 6:00 p.m., in the Council Chambers, 990 Palm
Street, San Luis Obispo, California.
APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017
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MEMORANDUM
DATE: April 25, 2018
TO: Planning Commission
BY: Kyle Bell, Associate Planner
FROM: Doug Davidson, Deputy Director DD
SUBJECT: Zoning Regulations Update – White Papers Personal Mobility, and Implementation
of the Climate Action Plan, Update from City Council Study Session on April 10,
2018.Early review of Article 6 (Permit Procedures), Article 7 (Administration of
Zoning Regulations) and discussion on development standards in Article 3
(Regulations and Standards Applicable to All Zones).
INFORMATIONAL ITEMS: WHITE PAPERS
Re-Envisioning Personal Mobility
“Personal mobility” is a term shared with the City Council and Planning Commission at the April
12, 2017 joint study session on the Zoning Regulations update. The topic was introduced as one
of several policy issues meriting further investigation as to how the Zoning Regulations might
implement new General Plan policies.
The paper provides examples of policies adopted by other municipalities in California and
throughout the U.S. to encourage alternative modes of transportation. Short case studies of other
countries are provided as well. Implications of applying these regulations in San Luis Obispo are
presented at the end of this paper (Attachment 1).
Implementation of the Climate Action Plan
The State of California adopted the Global Warming Solutions Act (AB 32) in 2006 to establish
the statewide goal of reducing statewide greenhouse gas (GHG) emissions to 1990 levels by the
year 2020. Local governments are developing and implementing local strategies to reduce and
mitigate GHG emissions. Pursuant to AB 32 goals, the City of San Luis Obispo adopted its Climate
Action Plan (CAP) in August 2012.
The CAP includes the City’s adopted GHG emissions reduction targets and the plan to achieve
those targets. As part of the plan implementation measures, the CAP calls for specific revisions to
the Zoning Regulations. This paper outlines recommendations to update the Zoning Regulations
to effectuate the CAP Implementation Program (Attachment 2).
Meeting Date: 04-25-2018
Item Number: 4
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GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 2
FOCUS QUESTIONS FROM STUDY SESSION
On April 10, 2018, the City Council held a Study Session on the progress made updating the
Zoning Regulations, highlighting the public input process and project schedule.
The study session built on the progress and input, as well as the previous joint Council Study
Session with the Planning Commission (April 12, 2017), seeking direction from the Council on
key issues, including density, parking, housing types, and the development review process, alcohol
regulations, barriers to Accessory Dwelling Unit (ADU) construction, and potential standards for
rooftop uses.
Staff will provide an update from the Council’s direction regarding the eight items identified in
the table below;
Focus Questions for Study Session
Yes No
1. Revise the density calculations as discussed for simplification and to continue
encouraging smaller housing units? X
2.
Allow flexible density downtown by removing density limits from smaller (600 sq.
ft.) units? This would also include applying the downtown development standards to
the Upper Monterey corridor (to the trestle) and bringing back the corresponding
Ordinance Overlay Zone map as part of this Zoning Regulations Update.
X
3.
Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards
to balance the use and enjoyment of rooftop uses with the privacy of residential
settings?
X
4. Whether current alcohol outlet practices and the incorporation of conditions of
approval as standards are adequate to address safety concerns downtown? X
5. Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning
Regulations Update? X
6. Remove specific barriers to ADU construction? Frontage improvements and/or
impact fees? X
7. Consolidate and streamline the review process for more simplicity, as outlined in the
report? X
8.
Whether parking requirements should be adjusted to reflect the City’s multi-modal
objectives in conjunction with revised and modified parking reduction standards?
These would include reducing the parking requirements to be more consistent with
ITE standards, lowering the level of review for par king reductions, and relying on
project-specific parking studies to determine the proper type and percentage of the
reduction.
X
9. Explore Table 9 to conditionally allow schools in more zones, subject to
compatibility, proximity to the airport, and consideration of the cannabis overlays. X
10. Explore land use regulations for micro businesses within residential districts
(expansion upon home occupation or convenience store) X
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GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 3
Council Agenda Report: Study Session – Status Report and Policy Direction on Zoning
Regulations Update. (http://www.slocity.org/government/mayor-and-city-council/agendas-and-
minutes)
DRAFT ARTICLES
The Zoning Regulations Outline has been provided for reference as Attachment 1, these pre-draft
Articles have been provided for an early review by the Planning Commission as these documents
are still under review by staff to provide direction to MIG in preparation toward the public draft.
All changes are driven from the General Plan policies and programs originally identified in the
project scope. Comments will be provided to the consultant team to address in the draft document.
Discussion and review of the pre-draft articles is intended to provide the Commission with the
opportunity to;
• Become familiar with the re-organization
• Highlight areas of concern
• Request additional information or clarity on specific sections
• Discuss implementation of the General Plan
Article 6 – Permit Procedures
This Article 6 establishes the overall structure for the application, review, and action on City-
required permit applications, and identifies and describes those discretionary permits and other
approvals required by these Zoning Regulations (Attachment 3). The following highlights will be
presented and discussed at the meeting, are identified below;
a. New Section - Discretionary Permits and Actions
i. Affordable Housing Incentives – discuss review authority
b. New Section – Permit Application Filing and Processing
i. Table 6-1 – Responsibilities and roles of the review authorities
ii. Multiple Permit Applications
iii. Initial Application Review & Environmental Review
c. New Section – Development Review
i. Definition of “significantly enlarge or modify”
ii. Approval Regulations for Multifamily and Mixed-Use Development Projects (this
will be removed per direction of Attorney’s office)
iii. Development Review Project Tiers (a three-tier system will be proposed for
discretionary projects not subject to a public hearing, public hearing with
recommendation to Director, and hearing with recommendation to PC)
iv. New Table 6-2 – Review thresholds for Development Project Tiers
▪ PC should provide guidance on the threshold of each tier regarding number
of units, square-footage, exceptions, environmental review, affordable
housing, mixed-use percentage thresholds, etc.
Article 7 – Administration of Zoning Regulations
The purpose of this Chapter is to describe the authority and responsibilities of the Director,
Planning Commission, Architectural Review Committee, and Council in the administration of
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GENP-0327-2017
Memorandum: Zoning Regulations Update
Page 4
these Zoning Regulations (Attachment 4). The following highlights will be presented and
discussed at the meeting, are identified below;
a. New Section – Administrative Responsibility
b. New Section – Public Notices and Hearings
Article 3 – Regulations and Standards Applicable to All Zones
Staff will provide a presentation to discuss a few potential changes to development standards to
be included in Article 3 (that will be provided at a later hearing). Examples of these changes may
include but are not limited to;
• Floor Area Ratio to address infill development in R-1
• Setbacks vs. Plane lines to address infill development in R-1
• Edge Conditions to address compatibility between higher intensity development and the
R-1 zone.
ATTACHMENTS
1. White Paper – Re-Envisioning Personal Mobility
2. Draft White Paper – Implementation of the Climate Action Plan
3. Zoning Regulations Update Outline
4. Article 6 – Permit Procedures
5. Article 7 – Administration of Zoning Regulations
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SLOZR | Personal Mobility | April 2018 1
White Paper: Re-envisioning Personal Mobility
April 2018
Introduction
In 2014, the City of San Luis Obispo adopted its Circulation Element and Multimodal Transportation
Impact Study Guidelines. These policy documents establish an aggressive mode split objective—50%
auto, 20% bicycles, 18% walking and other, and 12% transit—with a matching budgeting policy. This
paper explores how the City’s Zoning Regulations can help accommodate and encourage mode shift
through changes in personal mobility options in San Luis Obispo. The paper provides examples of
policies adopted by other municipalities in California and throughout the U.S. to encourage alternative
modes of transportation. Short case studies of other countries are provided as well. Implications of
applying these regulations in San Luis Obispo are presented at the end of this paper.
Encouraging mode shift will require that the City consider changes to public infrastructure and building
code requirements, and even implement monetary incentives or penalties. These topics are beyond the
scope of this paper.
This paper cites policies from the zoning codes of Boulder, Colorado and Davis, California, as they are
both smaller university cities with progressive transportation policies. This paper also uses examples
from thecCity of Santa Monica, as Santa Monica has fairly progressive zoning policies regarding mobility.
Lastly, policies from a number of other cities are included to provide diverse ideas.
Defining the Future of Personal Mobility
“Personal mobility” is a term shared with the City Council and Planning Commission at the April 12, 2017
joint study session on the Zoning Regulations update. The topic was introduced as one of several policy
issues meriting further investigation as to how the Zoning Regulations might implement new General
Plan policies. This paper discusses the following personal mobility options that present alternatives to
driving a personal, gasoline-powered car.
Attachment 1
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SLOZR | Personal Mobility | February 2018 2
Privately Owned Vehicles
New technologies have increased shared mobility’s popularity and decreased the need to own a
personal vehicle. Shared mobility includes car share (e.g., ZipCar and Car2Go), ride sourcing (e.g., Lyft,
Uber, and taxis), and ridesharing (e.g.,
UberPool and Lyft Line). In its current form, car
sharing requires parking spaces where these
cars can either be parked permanently (e.g.,
ZipCar) or temporarily (e.g., Car2Go), either in
a private parking lot or public curbside spaces.
Ride sourcing and ridesharing only require
drop-off areas (curbside or in parking lots) for
customer pick-up and drop-off.1 Owners of
these vehicles need private residential parking
spaces or for taxi services, commercial lots.
The State of California
defines zero emission
vehicles (ZEVs) as vehicles
with no harmful tailpipe
emissions, which include hydrogen fuel cell electric vehicles and plug-in electric vehicles. California is
dedicated to promoting ZEVs adoption in the State.2 Available charging infrastructure is key to ZEV
success, and ZEVs need places to charge/refuel in residential and commercial areas.
Autonomous Vehicles
Autonomous vehicles are an emerging technology that have garnered a lot of attention in the
transportation planning and engineering fields. Although high degrees of vehicle automation are
currently available to consumers, it is not expected that autonomous vehicles will represent a majority
share of vehicles on the road, with a new system of infrastructure to support it, for 15-25 years. With
autonomous vehicles, significant efficiencies with utilization of roadways and increased capacity can be
anticipated. However, this will be offset to some degree by more vehicles and additional vehicle miles
travelled because of improved convenience and access to vehicles by those who may not otherwise be
able to operate a vehicle today.
1 ARCADIS, HR&A, and Sam Schwartz. 2017. Driverless Future: A Policy Roadmap for City Leaders.
2 Governor’s Interagency Working Group on Zero-Emission Vehicles. ZEV Action Plan. February 2013.
http://opr.ca.gov/docs/Governors_Office_ZEV_Action_Plan_(02-13).pdf
ZipCar stations at San Diego State University.
Source: http://www.kpbs.org/news/2009/dec/09/zipcar-rental-program-
comes-san-diego-state-univer/
Attachment 1
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SLOZR | Personal Mobility | February 2018 3
Active Transportation
Walking and bicycling, both as their own methods of transportation and in combination with other
modes (such as transit), are key to decreasing personal vehicle use. Considerations for zoning to
encourage walking include pedestrian-friendly urban design and easily accessible mixes of uses. Cities
can increase bicycle amenities—such as convenient short-term bicycle parking, secure long-term bicycle
parking, and showers for employees at places of business—through zoning.
Other
Other devices used for
local transportation
include electric bicycles,3
golf carts, personal
mobility devices (small
wheeled electric
alternatives to the car,
such as the Segway or an
electric scooter)4, and
even skateboards, either
human-powered or
motorized. Zoning considerations include
providing charging outlets or stations for these
vehicles, short-term parking, and long-term
storage.
3 As of 2015, most electric bicycles are allowed on any trail or path non-motorized bicycles can use in the State of
California. California AB 1096, 2015.
4Litman, Todd and Robin Blair. January 2017. Managing Personal Mobility Devices (PMD) on Nonmotorized
Facilities. Victoria Transport Policy Institute.
Public electric bicycle parking in Victoria, British Columbia.
Source: http://www.victoria.ca/EN/main/residents/parking/bicycle.html
URB-E electric scooter locked to bicycle parking.
Source:
http://escootery.com/index.php/2016/09/19/what-its-
really-like-to-commute-on-an-urb-e-in-los-angeles/
Attachment 1
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SLOZR | Personal Mobility | February 2018 4
Potential Standards and Policies
The new or revised standards shown in Table 1 could be incorporated into the Zoning Regulations to
encourage transportation mode shift and enhance personal mobility. Current San Luis Obispo zoning
standards relating to each standard are included. Standards are divided into: 1) physical amenities
developers can provide and 2) policy tools the City can use to encourage alternate means of
transportation.
Table 1: Zoning Regulation Parking Options/Exceptions
Type of Standard Definition Reduction/Exception
Mechanical parking lifts In commercial zones and multi-
family developments, given certain
requirements are met (with some
level of discretionary review)
Mechanical parking lifts can satisfy
some or all required parking.
Projects eligible for
parking reductions
(through a discretionary
review process)
Projects that have two or more
types of uses where peak parking
demands are at different times of
the day
Mixed-use projects that generate
less off-site trip demand due the
on-site relationship of the different
land use types
Projects that incorporate
automobile trip reduction and
travel demand management
features above and beyond
minimum standards
Reduction amount determined
based on a parking demand study
that substantiates the reduction to
the satisfaction of the City Public
Works and Community
Development Directors.
Off-site parking Parking allowed on different site,
as long as it is within 300 feet of
use, there are no barriers to
pedestrian access, and there is
adequate to supply on the
proposed site. Parking spaces
within the public right-of-way are
not eligible for off-site parking
requirements.
(discretionary review required)
Some or all required parking can be
located off site. Off-site parking
provisions shall be recorded on
property title.
In-Lieu Fee Districts Projects within adopted in-lieu fee
parking districts
Some or all required parking can be
via participation in the adopted in-
lieu fee parking district.
Attachment 1
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SLOZR | Personal Mobility | February 2018 5
Table 1: Zoning Regulation Parking Options/Exceptions
Type of Standard Definition Reduction/Exception
Tandem Parking Allowed in residential uses,
hotel/restaurant projects in the
Downtown Commercial zone, and
office, given certain requirements
are met
Elderly housing parking One-half space per dwelling unit or
one space per four occupants of a
group quarters
Low-income housing
parking
One car and one bicycle space per
dwelling unit
Physical Amenities
Bicycle and Personal Mobility Device Parking and Amenities
The number of bicycle parking spaces currently required by the Zoning Regulations is determined by
zone and as a percentage of required automobile spaces (see Exhibit 1). Minimum percentages apply
regarding both short-term and long-term bicycle parking. All residential uses must provide interior space
or lockers for two bicycles per unit regardless of automobile spaces provided. No requirements apply to
parking or storage space for other types of personal mobility devices.
Exhibit 1: Bicycle Parking Space Requirements in Zoning Regulations
Source: SLO Municipal Code, 17.16.060, Table 6.5 Bicycle Parking Space Requirements
Attachment 1
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SLOZR | Personal Mobility | February 2018 6
Considerations
A policy goal in the 2013 Bicycle Transportation Plan is that “All developments/subdivisions shall be
designed with bicycle use as an equal and viable option for transportation to, from, and within a
development” (Policy 1.6). To that end, the following revisions could be made to the Zoning Regulations.
• Update bicycle parking requirements. As recommended in the 2013 Bicycle Transportation Plan,
zoning requirements affecting bicycle parking should be reviewed a minimum of every five years
(Implementation Action 2.2.1). This is being addressed through the current Zoning Regulations
update.
• Require showers/changing facilities. Shower and locker facilities are important for commuters
who travel longer than 20 minutes by bicycle to work. As recommended in the 2013 Bicycle
Transportation Plan, the City could require shower facilities for workplaces in the Zoning
Regulations (Implementation Action 2.27.1) instead of solely as discretionary requirements for
moderate- to larger-scale commercial projects.
• Add long-term bicycle and personal mobility devices standards. The 2013 Bicycle Transportation
Plan includes standards for long-term bicycle parking. The City should incorporate these
standards into the City’s Community Design Guidelines and/or Zoning Regulations. Long-term
bicycle parking could also double as storage for other small personal mobility devices.
Also, as part of the Zoning Regulations update effort, City staff consulted with the Bicycle Committee to
solicit recommendations to improve the “bike friendliness” of SLO toward achieving mode shift goals.
The Committee suggested the following.
• The number of bicycle parking spaces should reflect the Circulation Element objective for 20%
bicycle trips City wide.
• Explore opportunity to incorporate where bicycle parking may be located into the Zoning
Regulations rather than Engineering Code and Community Design Guidelines.
• Establish bike parking requirements for parking structures.
• Consider an in-lieu fee program Downtown to provide public bicycle parking throughout
Downtown.
• Bike parking should be based on land use instead of zone.
• Consider provisions for providing bicycle parking for carriage bicycles.
The Committee generally agrees that long-term bicycle parking should meet minimum building code
requirements and preference should be provided for short-term parking, in conjunction with the
existing requirement for two bicycle parking spaces per residential unit.
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Vehicle Parking Requirements
The number of off-street parking spaces required by the current Zoning Regulations is determined by
use type and either number of spaces per square feet or per unit/bedroom/bed. Required spaces cannot
be rented or leased to off-site uses. The regulations state that the City’s intent, where possible, is “to
consolidate parking and to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities,” and includes a number of reduction
options and exceptions, as summarized in Table 1 above. (These are currently being reviewed for
simplification as part of the Zoning Regulations update.)
Considerations
• Require priority parking spaces for high-occupancy vehicles in commercial developments, with
the goal of increasing carpooling and vanpooling.5 For example, the City of Santa Monica
requires commercial uses with over 50 parking spaces to reserve at least one space for
car/vanpool use.6
• Reduce parking supply minimum numbers whenever possible as appropriate.
• Allow parking reduction for provision of car share parking spaces. For example, the City of Fort
Collins, CO allows multifamily and mixed-use developments in Transit-Oriented Development
overlay zones to reduce parking by replacing five regular parking spaces with one car share
space.7
• Require developers to unbundle parking from individual residential units/non-residential space,
and lease/sell spaces separately. San Francisco, for example, requires separate parking and
housing costs in new residential buildings, which has led to a reduction in car ownership.8
• Allow a developer to reduce parking requirements if they provide new residents with transit
benefits or other TDM programs. For example, the District of Saarich in British Columbia, Canada
allowed a developer to reduce parking requirements in exchange for providing new residents
with a transit pass for one year, a carshare vehicle membership for each unit, and secure
underground bicycle storage.9
• Consider allowing other personal mobility devices to use motorcycle parking.
Electric Vehicle Charging Stations
Electric vehicles, electric bicycles, and other personal mobility device charging are not considered in the
current Zoning Regulations.
5 TDM paper.
6 City of Santa Monica Municipal Code. 9.28.150.
7 City of Fort Collins Municipal Code. 3.2.2.
8 MTC. Parking Requirements & Unbundling. VPP Parking Project. https://parkingpolicy.com/reduced-
requirements/.
9 TDM pg. 16
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Considerations: Personal Electric Vehicles (PEVs)
The following standards could be added to the Municipal Code (not necessarily in the Zoning
Regulations) to accommodate and encourage electric vehicle charging.
• Allow installation of PEV chargers in most or all zones outright. PEV charging is compatible and
complementary with all uses. Allowing PEV charging as a permissible or accessory use in most or
all zones can decrease time/cost barriers, such as additional parking requirements and review,
to installation. The City of Lancaster’s Municipal Code permits electric vehicle charging stations
in any single-family or multi-family residential garage and as an accessory use, as long as they
meet basic requirements (see
Appendix A).
• Allow PEV charging parking spaces to
count towards minimum parking
requirements.
• Require a minimum percentage of
parking spaces in new construction be
PEV ready based on current and
anticipated demand. The City of
Boulder, CO, for example, requires
new multifamily and commercial
structures with more than 25 parking
spaces to have 10% of parking spaces
with one 240-volt and one 120-volt
dedicated charging receptacle
outlet.10
• Modify building code to require PEV-ready wiring in new construction. California’s green
building code provides voluntary standards that support PEV charging, including wiring for
future electrical vehicle charging installations in residential buildings, standard wiring for future
electrical vehicle charging installations at commercial, retail and other nonresidential locations,
and minimum parking requirements. These can be adopted into the City’s ordinances to meet
future demand and reduce costs for future retrofitting.11
• Prohibit parking in spaces designated for charging electric vehicles unless the vehicle is a plug-in
electric vehicle. California AB 475 authorizes local governments to require that cars located in a
10 City of Boulder Municipal Code, Title 10 – Structures, Chapter 6 – Electrical Codes (10-6-4 and 10-6-5).
11 California Green Building Standards Code of Regulations, Title 24, Part 11.
Electric vehicle charging station at a multi-family apartment
building.
Source: http://www.plugincars.com/planning-electric-vehicle-
ownership-accessible-apartment-dwellers-129340.html
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parking space with PEV charging equipment must be plugged in.12 For example, the City of
Boulder prohibits parking in spaces designated for charging an electric vehicle.13
Considerations: Electric Bicycles
• Require electrical outlets near bicycle parking to allow charging of e-bicycles and other electric
personal mobility devices. For example, the City of Santa Monica requires at least one electrical
outlet be available in each long-term bicycle parking area for e-bicycle charging.14
Pedestrian-Friendly Urban Design and Transit-Orientation
One of the stated goals in the Community Design Guideline is to “maintain and enhance [SLO’s]
character as a compact community with distinctive, attractive, pedestrian-oriented commercial areas
and neighborhoods.” The guidelines already contain numerous design goals to enhance the
environment for walking, bicycling, and transit use.15
Considerations
• Codify key design guidelines that apply to residential developments to ensure they are
implemented. The State of California no longer allows cities to deny housing projects if they
comply with all objective general plan, zoning, and subdivision standards.
Policy Tools
Transportation Demand Management (TDM) “refers to a variety of strategies that change travel
behavior (how, when, and where people travel) in order to improve transportation system efficiency
and achieve key regional objectives, such as reduced traffic congestion, increased safety and mobility,
and energy conservation and emission reductions.” The most successful TDM strategies are continuing,
enforceable ordinances that are coupled with education and encouragement about the benefits of TDM.
TDM strategies include Trip Reduction Ordinances (TROs), development agreements, and development
fees.16
Trip Reduction Ordinances
Trip Reduction Ordinances require developers and/or employers to provide amenities or incentives to
encourage the use of alternative transportation methods by employees or residents. These ordinances
12 State of California. AB 475. Butler, Chapter 274, Statutes of 2011.
13 City of Boulder Municipal Code, Title 7 – Vehicles, Pedestrians, and Parking, Chapter 6 – Parking Infractions (7-6-
30).
14 Santa Monica Municipal Code. 9.28.140(F)(1)(d).
15 City of San Luis Obispo. June, 2010. Community Design Guidelines.
16 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf.
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typically require a certain reduction in trips with rewards and penalties for compliance or
noncompliance.17
SLO currently has a TRO that applies specifically to employers, called the “Commute Alternatives Rule.”
This rule requires all employers with 100 or more employees to improve air quality by reducing air
pollution from employee commute trips. Employers who meet fail to meet the specified target (1.5
average vehicle reduction, or AVR) must develop a trip reduction plan. Employers who exceed their AVR
goal can sell trip reduction credits to employers who have not.18
SLO also allows developers to reduce the amount of parking they provide if they provide a reasonable
justification for the reduction, including innovative project design, transportation demand management,
or incentives that can reduce single-occupant vehicle travel to and from the site.19 This requires an
Administrative Use Permit.
Considerations
• Expand the Commute Alternatives Rule to include employers with fewer than 100 employees,
perhaps as low as 50. In the City of Santa Monica, employers with more than 10 employees
must complete a Worksite Transportation Plan (requiring alternative transportation education)
or Emission Reduction Plan (requiring implementation of alternative transportation strategies)
depending on size.20
• Require that new development projects or new users in existing buildings adopt trip reduction
strategies. For example, the City of Boulder, CO requires new developments in higher-density
residential and mixed-use zones to demonstrate that 55 percent of trips generated by the
development during the highest peak travel time are made by a transportation mode other than
a single occupant vehicle. This is demonstrated through a travel demand management plan that
can include infrastructure and amenities, as well as a travel demand management operations
program.21 The City of Santa Monica requires developments over a certain size to develop a
TDM plan and meet a certain AVR.22
• Encourage creative commute alternative programs, including: providing a commuter
information center, charge employees market rate for parking (carpool free), provide a parking
cash-out program, provide on-site car or bike share, offer flexible work hours and a telework
17 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf.
18 SLO Municipal Ordinance. Chapter 11.04: Trip Reduction Measures.
19 These can include “carsharing, employer-paid transit passes, cashouts (i.e., trip reduction incentive plans), or off-
peak work hours.” SLO Municipal Code 17.16.060.
20 City of Santa Monica Municipal Code. Chapter 9.53. Summary available here:
https://www.smgov.net/Departments/PCD/Transportation/Employers/.
21 City of Boulder Municipal Code. Chapter 9-9-22.
22 City of Santa Monica Municipal Code. Chapter 9.53.
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program, offer subsidies for transit/carpool, offer a pre-tax deduction for transit/carpool/bicycle
costs, etc.23
Development Agreements
Cities have had success including TDM programs as part of written development agreements with
developers. SLO currently has extensive requirements about development agreements, but these do not
include TDM requirements.24
Considerations
• Negotiate developer-sponsored TDM programs as part of written development agreements.
Credit/benefits for each action should be clearly defined. The San Diego County Association of
Governments (SANDAG) has published “Integrating Transportation Demand Management into
the Planning and Development Process,” a paper that suggests a number of items to include in a
written development agreement.25
Development Fees
The Zoning Regulations currently allow properties with new construction, changes in occupancy, and
additions to existing buildings in the Central Commercial Core to pay an in-lieu fee instead of providing
on-site parking spaces. This fee goes to the City’s parking fund, which is used for the development or
maintenance of parking that satisfies the parking demand of new development projects in the area.26
SLO also requires payment of a transportation impact fee for new development.27
Considerations
• Require all developers pay a Transportation Demand Management fee to help administer a TDM
program. For example, the City of Santa Monica requires larger developments to pay a fee to
help administer and educate about TDM policies.
• The City is currently updating its transportation impact fees in accordance with the State Law
(AB1600) that requires developers to fund their fair share of projects and programs that
mitigate city-wide transportation impacts caused by new development.28
23 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf, pg. 18.
24 SLO Municipal Code, Chapter 17.94.
25 SANDAG. May 2012. Integrating Transportation Demand Management Into the Planning and Development
Process. https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf, pg. 18.
26 SLO Zoning Code 4.30, Parking In-Lieu Fees for the Central Commercial Zone
27 SLO Municipal Code, Chapter 4.56.
28 SLO General Plan: Circulation Element. 2014
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Conclusions
Land use is a key component of transportation choices individuals make. The City must adopt innovative
and forward-thinking land use policies to help achieve the City’s aggressive mode split goals, including:
• Enhancing bicycle and personal mobility devices parking and amenities
• Implementing innovative parking reduction measures
• Preparing for and encouraging more widespread PEV adoption
• Codifying key design pedestrian-, bicycle-, and transit-oriented design guidelines
• Enhancing the City’s Commute Alternatives Rule by expanding to additional employers and
developers
• Creating guidelines for TDM measures to be included in development agreements
• Considering additional development fees to help support the above programs
Sources
ARCADIS, HR&A, and Sam Schwartz. 2017. Driverless Future: A Policy Roadmap for City Leaders.
California AB 1096, 2015.
California Green Building Standards Code of Regulations, Title 24, Part 11.
City of Boulder Municipal Code. January 17, 2018.
City of Fort Collins Municipal Code. January 15, 2018.
City of Santa Monica Municipal Code. November 2017.
City of San Luis Obispo. June 2010. Community Design Guidelines.
City of San Luis Obispo Municipal Ordinance. December 12, 2017.
City of San Luis Obispo. November 2013. Bicycle Transportation Plan.
Governor’s Interagency Working Group on Zero-Emission Vehicles. ZEV Action Plan. February 2013.
http://opr.ca.gov/docs/Governors_Office_ZEV_Action_Plan_(02-13).pdf.
Litman, Todd and Robin Blair. January 2017. Managing Personal Mobility Devices (PMD) on
Nonmotorized Facilities. Victoria Transport Policy Institute.
McKinsey & Company. September 2015. Urban Mobility at a Tipping Point.
https://www.mckinsey.com/business-functions/sustainability-and-resource-productivity/our-
insights/urban-mobility-at-a-tipping-point.
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MTC. Parking Requirements & Unbundling. VPP Parking Project. https://parkingpolicy.com/reduced-
requirements/.
SANDAG. May 2012. Integrating Transportation Demand Management into the Planning and
Development Process.
https://www.icommutesd.com/documents/TDMStudy_May2012_webversion_000.pdf.
State of California. AB 475. Butler, Chapter 274, Statutes of 2011.
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Appendix A
Zoning Example for Installation of Plug-In Electric Vehicle Charging Stations (template adopted from
the City of Lancaster’s Municipal Code)
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SLOZR | Climate Action Plan Zoning Regulations |February 2018 1
White Paper:
Implementing t he Climate
Action Plan in the Zoning
Regulation s
FEBRUARY 2018
Introduction
California is a global leader in addressing climate change. The State adopted the Global Warming Solutions
Act (AB 32) in 2006 to establish the statewide goal of reducing statewide greenhouse gas (GHG) emissions
to 1990 levels by the year 2020. Local governments are developing and implementing local strategies to
reduce and mitigate GHG emissions. Pursuant to AB 32 goals, the City of San Luis Obispo adopted its
Climate Action Plan (CAP) in August 2012. The CAP includes the City’s adopted GHG emissions reduction
targets and the plan to achieve those targets. As part of the plan implementation measures, the CAP calls
for specific revisions to the Zoning Regulations. This paper outlines recommendations to update the
Zoning Regulations to effectuate the CAP Implementation Program.
Zoning Implementation Comparison Table
The following section outlines the implementation measures from the CAP that require revisions to the
Zoning Regulations. The first and second columns in the Zoning Implementation Comparison Table list the
Goals and Implementation measures from the CAP. Since adoption of the CAP in 2012, the City has begun
implementing several of the zoning-related implementation measures. The third and fourth columns
indicate whether the Zoning Regulations already address the Implementation measure and, where
applicable, include reference to the specific Zoning Regulations Chapter or Section.
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Zoning Implementation Comparison Table
Information from the Climate Action Plan (CAP)
Do the Existing Zoning Regulations
Meet the Implementation Measure?
Goal Implementation Yes/ No
If yes, reference to the
existing Zoning Regulations
BLD 2: New Construction
Energy Conservation
Encourage and incentivize new
development to exceed
minimum CALGreen
requirements.
✓ BLD 2.1 Expand incentive program for projects that exceed
Title 24 energy efficiency standards.
Yes Downtown-Commercial (C-D)
Zone - Section 17.42.020, and
Planned Development (PD)
Overlay Zone - Section 17.50.060
BLD 2.2 Require new development to install energy-
efficient appliances.
No
BLD 2.3 Amend design guidelines and other documents to
promote low-impact development strategies such as cool roofs
and cool paving surfaces.
No
RE 2: Renewable Energy
Implementation
Incentivize renewable energy
generation in new and existing
developments.
RE 2.1 Incentivize renewable energy generation by
streamlining review processes, reducing permit costs, and/or
allowing modest density bonuses for construction projects with
renewable energy installations.
No
RE 2.2 Revise City policies and regulations as needed to
eliminate barriers to the use of renewable energy; implement
General Plan programs that require solar power for certain
residential projects (COSE 4.6.17).
No
TLU 2: Alternative Vehicles
Promote clean air vehicles
(CAV), and expand the network
of electric car charging stations
and car-sharing parking spaces.
TLU 2.1 Require all new development with 50 or more
parking spaces to designate a minimum 8% of parking spaces for
clean air vehicles.
No
TLU 2.2 Require all new development with 50 or more
parking spaces to pre-wire for electric vehicle charging stations
and provide a minimum of two percent charging spaces.
No
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Zoning Implementation Comparison Table
Information from the Climate Action Plan (CAP)
Do the Existing Zoning Regulations
Meet the Implementation Measure?
Goal Implementation Yes/ No
If yes, reference to the
existing Zoning Regulations
TLU 2.5 Allow car-sharing companies to designate spaces
in public parking areas and multifamily housing projects.
No
TLU 5: Land Use Diversity and
Density
Encourage compact urban
form and mixed-use
developments.
✓ TLU 5.2 Promote infill by amending the General Plan and
Zoning Regulations to increase residential densities in suitable
zones.
Yes Downtown-Commercial (C-D)
Zone - Chapter 17.41
✓ TLU 5.3 Incentivize mixed-use development by reducing
parking requirements, allowing alternatives to Parking and
Driveway Standards, and streamlining permit review.
Yes Property Development Standards
- Section 17.16.060
TLU 5.4 Evaluate allowing mixed-use projects in the High-
density residential zone in the SLO2035 General Plan update.
No
✓ TLU 5.5 Apply a Mixed-Use (MU) overlay zone to areas
suitable for TOD based on the SLO2035 General Plan update.
Yes Mixed-Use (MU) Overlay Zone –
Chapter 17.55
TLU 7: Shared Parking
Reduce VMT and associated
GHG emissions by further
reducing parking requirements
for land uses that share the
same parking lot.
TLU 7.1 Amend the Zoning Regulations to increase the
potential shared parking reduction from 10% to 30%.
Yes Section 17.16.060 Parking Space
Requirements
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Consistency with the CAP
This section focuses on the CAP implementation measures that require updates to the Zoning Regulations,
describes goal associated with each measure, and recommends revisions to the Zoning Regulations to
achieve the goals.
BLD 2: New Construction Energy Conservation. Encourage and incentivize new
development to exceed minimum Cal Green requirements.
“Green” building techniques improve environmental quality by reducing energy consumption, GHG
emissions, harmful pollutants in the air, and storm water runoff.
The CAP directs the City to take additional steps beyond Title 24
to promote low-impact development strategies, such as cool
roofs, cool paving surfaces, permeable paving, and grassed
swales. The City has an interest in promoting the use of these
technologies because they reduce citywide reliance on the
traditional electrical grid and enhance energy resiliency into the
future.
The City has adopted several development regulations that
exceed CALGreen energy conservation requirements, such as
requiring buildings taller than 50 feet in the C-D zone to meet
minimum energy conservation requirements (see Development
Regulations Section 17.42.020). The City has also established
incentives in Development Regulations Section 17.50.060 that
allow higher maximum building heights for projects that exceed
Title 24 energy requirements by at least 30 percent.
The City CAP, adopted in 2012, is nearing its 2020 horizon year, opening the opportunity for continued
progress, goal setting, and potential additions to the development standards addressing energy
conservation. While the existing Zoning Regulations integrate CAP Implementation Measure 2.1 (see the
Zoning Implementation Comparison Table above), the City has an opportunity to expand incentives to
promote energy conservation.
While CAP Implementation Measures BLD 2.2 and BLD 2.3 are not directly related to the Zoning
Regulations, the City can address these measures by amending the Community Design Guidelines.
Section 6.1 of the existing Community Design Guidelines focuses on site planning and structure design to
reduce energy and other resource consumption. Section 6.7 builds upon Section 6.1 by laying out
guidelines for the location and orientation of solar energy facilities. The City can revise Chapter 6 of the
Community Design Guidelines to cover additional types of energy-efficient installations, including wind
and alternative forms of solar installations such as solar roof tiles. The City can also amend Chapter 6 to
include a new section that provides guidelines and strategies for low-impact development, such as cool
roofs and cool paving surfaces. (Amending the Community Design Guidelines is not in the scope of the
WHAT IS TITLE 24?
Title 24 of the California Code
of Regulations contains the
regulations that govern the
construction of buildings in
the state. The California
Green Building Standards
Code, or CALGreen, is Part 11
of Title 24. The CALGreen
code focuses on promoting
positive environmental
impacts and encouraging
sustainable construction
practices.
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Zoning Regulations Update, however certain Guidelines, particularly regarding Infill Development, are
being enhanced and incorporated into the Zoning Regulations.)
RE 2: Renewable Energy Implementation. Incentivize renewable energy generation
in new and existing developments.
Renewable energy installations, such as solar panels and wind turbines, provide numerous benefits,
including reducing GHG emissions and dependence on fossil fuels, enhancing resiliency during natural
disasters such as heat waves or severe droughts, and reducing or eliminating energy bills. Despite these
long-term benefits, development standards often pose a barrier to renewable energy installations
because the standards may be unclear or overly cumbersome. Additionally, the upfront capital costs for
construction and installation can be a hindrance. To increase the use of renewable energy, the City can
require that new developments (i.e., residential, commercial, mixed-use, industrial) include renewable
energy systems at the outset of a project. This can directly benefit a new owner or tenant since they
would not be paying the total cost up front. Instead, the fee for renewable energy installation would be
bundled in either the rent or sale price of the property. To incentivize existing developments to install
renewable energy systems, the City could provide flexible development standards such as reduced
setbacks or increased lot coverage or building height.
The existing Zoning Regulations do not include incentives for renewable energy generation. To achieve
Implementation Measure RE 2.1 of the CAP, the City should revise Chapter 17.18: Performance
Standards to include incentives for new residential, office, commercial, and industrial projects that
include renewable energy generation. For example, the City of San Diego offers applicants the
opportunity to apply for expedited permit processing for solar installation, only if the solar installed
onsite provides a percentage of energy to the development, reducing its demand on the power grid.
Other communities such as Tucson waive permitting fees up to $1,000 for single installations and up to
$5,000 for large installations. The City can also adopt standards that require installation of renewable
energy systems in all new developments. This provision could apply to all residential, office, commercial,
and industrial zones in Chapter 17.24.
To implement measure RE 2.2 of the CAP, the City can perform a thorough review of regulations and
development standards to assess whether existing standards are creating barriers for renewable energy
installations. The City can consider increasing height limits for components of solar energy systems from
10 feet to 15 or 20 feet above the maximum building height in Section 17.16.040. Additionally, the City
can modify existing Zoning Regulations Section 17.16.020, which categorizes solar collectors as
“architectural features” with a maximum extension of 30 inches into a required setback (see Section
17.16.020). The City could modify this section to allow an extension into setbacks greater than 30 inches
for solar and wind turbine installations.
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TLU 2: Alternative Vehicles. Promote clean air vehicles (CAV), and expand the
network of electric car charging stations and car-sharing parking spaces.
The California Department of Motor Vehicles (DMV) has designated vehicles makes and models that
qualify as clean air vehicles (CAVs). The DMV identified these CAVs based on whether the vehicle was
either a certified pure zero emission vehicle (100 percent battery electric and hydrogen fuel cell), a
compressed natural gas (CNG) vehicle, or a transitional zero emission vehicle (TZEV). The existing Zoning
Regulations do not include requirements for new development to provide on-site parking for CAVs. The
City should amend the Zoning Regulations to require that all new development projects with 50 or more
parking spaces designate a minimum of eight percent of parking spaces for CAVs.
Similar to CAVs, electric and hybrid vehicles have numerous benefits for the environment and the
consumer, including increasing energy security, improving the fuel economy, and lowering fuel costs.
Electric vehicles also do not emit GHG, while hydrid vehicles emit a lower amount of GHG compared to
conventional fuel vehicles. The existing Zoning Regulations do not include requirements for new
development to provide parking spaces for electric vehicle charging stations. The City should also
require new developments with 50 or more parking spaces to provide a minimum of two percent of
parking spaces that are pre-wired for electric vehicle charging stations.
In addition to the environmental and economic advantages of CAVs and electric vehicles, the growing
popularity of car-sharing and ridesharing is providing an alternative to car-ownership altogether. The
rise of car-sharing through online platforms such as Zipcar, Car2Go, and Reachnow improve the
accessibly to car rental alternatives. Ridesharing apps such as Lyft and Uber further provide alternative
modes of transportation. These options enable more City residents to reduce or eliminate vehicle
ownership, reducing parking demand and traffic congestion.
Figure 1: Examples of designated spaces for car-sharing vehicles.
The existing Zoning Regulations do not address car-sharing services or ridesharing services. The City can
revise the parking standards to designate parking spaces for car-sharing vehicles, which encourages car-
sharing and provides flexibility to choose different transportation modes. The City can also ensure that
ridesharing vehicles that are dropping off and picking up passengers do not impede the overall flow of
traffic. Because the City has the greatest need for passenger loading zones for ridesharing services in
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downtown, the City can require large projects in the C-D zone to provide designated passenger loading
zones for ridesharing services (either curb-side or on site where space is available).
TLU 5: Land Use Diversity and Density. Encourage compact urban form and mixed-
use developments.
The City has an interest in promoting a compact urban form to reduce automobile trips, promote
walking and biking, cultivate economic activity, support a sense of community, and preserve open space
and agricultural land. The City has promoted infill projects by increasing residential densities along
heavily traveled corridors, near Cal Poly, and in Downtown, while maintaining existing development
standards for areas zoned low-density residential (R-1) to preserve neighborhood character. The Zoning
Regulations Section 17.16.060 incentivizes mixed-use development by reducing parking requirements by
up to 30 percent based on Director approval of an Administrative Use Permit. The City also established a
Mixed-Use (MU) Overlay Zone for areas that can be enhanced by additional housing and proximity to
services and jobs (see Development Regulations Chapter 17.55).
To implement measure RE 2.2 of the CAP, the City might consider applying the MU Overlay Zone to
parcels zoned High-Density Residential (R-4). Applying the MU Overlay Zone would provide flexibility to
dense housing projects in the R-4 zone, such as the ability to incorporate active uses on the ground
floor, including neighborhood retail and commercial uses. The City could also revise Chapters 17.30:
High-Density Residential (R-4) Zone and Chapter 17.42: Downtown-Commercial (C-D) Zone to increase
residential densities—or even eliminate density standards in the C-D zone, as discussed in the Flexible
Density white paper—and promote a compact urban form by allowing more dwelling units per acre.
TLU 7: Shared Parking. Reduce Vehicle Miles Traveled (VMT) and associated GHG
emissions by further reducing parking requirements for land uses that share the same
parking lot.
Parking demands, like other transport demand patterns, operate on a peak and off-peak schedule
depending on related land use. Distinct but complementary patterns, such as “office parking” that is
generally empty in the evenings and on weekends and “residential parking” that is generally more
heavily used in the evenings, offer an opportunity for cities to better satisfy residents and commuters
without increasing supply. Shared parking is a land use/development strategy that optimizes parking
capacity by allowing complementary land uses to share spaces, rather than producing separate spaces
for separate uses.
The City is currently meeting Goal TLU 7 through existing regulations in Section 17.16.060 that allow for
two or more uses to share parking spaces and reduce their total parking requirement by up to 30
percent. In the Zoning Regulations Update, the City is considering requiring parking demand studies to
justify the type and percentage of reductions on a case-by-case basis. which could further reduce the
amount of land devoted to parking.
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Considerations for Updating the Zoning Regulations
The City is committed to addressing climate change to enhance sustainability, quality of life, and
economic prosperity into the future. The City can continue reducing GHG emissions by fulfilling the
commitments set forth in the CAP, which includes the following revisions to the Zoning Regulations:
▪ Encourage and incentivize “green” building techniques in new development to promote energy
conservation by:
o Establishing minimum energy conservation standards to each residential, office,
commercial, and industrial zone in Chapters 17.24: Low-Density Residential (R-1) Zone to
17.49: Business Park (BP) Zone.
o Increasing minimum energy efficiency requirements in Section 17.42.020 from 15 percent to
20 or 25 percent.
▪ Incentivize renewable energy installations in new and existing developments by:
o Revising Chapter 17.18: Performance Standards of the Zoning Regulations to include
incentives for new residential, office, commercial, and industrial projects to include
renewable energy generation, or adopt separate sets of standards for each residential,
office, commercial, and industrial zone in Chapter 17.24.
o Increasing the height limit for components of solar energy systems from 10 feet to 15 or 20
feet above the maximum building height in Section 17.16.040.
o Amending Section 17.16.020, which defines solar collectors as “architectural features” with
a maximum extension of 30 inches into setbacks. Develop separate setback regulations for
renewable energy installations, including solar and wind turbines, and provides a greater
extension beyond 30 inches.
▪ Promote the use of clear air vehicles (CAV) and expand the network of electric car charging
stations and designated ridesharing passenger loading zones by:
o Revising the parking standards to designate parking spaces for car-sharing vehicles.
o Requiring large projects in the C-D zone to designated passenger loading zones on major
roads specifically for ridesharing services.
▪ Encourage compact urban form and supporting mixed-use development by:
o Identifying parcels zoned High-Density Residential (R-4) that are appropriate for the MU
Overlay Zone.
o Revising Chapters 17.30: High-Density Residential (R-4) Zone and Chapter 17.42: Downtown-
Commercial (C-D) Zone to increase residential densities and promote a compact urban form
through increasing the height and maximum number of dwelling units per acre.
Attachment 2
Packet Page 31
SLOZR | Climate Action Plan Zoning Regulations | February 2018 10
▪ Continue to reduce VMT and associated GHG emissions through parking demand studies on a
case-by-case basis to substantiate the amount and type of parking reductions instead of relying
on a set percentage for each type of reduction.
Updating the Zoning Regulations with a focus on climate change mitigation and adaption will ensure the
City of San Luis Obispo is proactively developing a resilient community.
Attachment 2
Packet Page 32
SLOZR | Climate Action Plan Zoning Regulations | February 2018 11
Sources
American Planning Association: Integrating Solar Energy into Local Development Regulations, accessed
January 2018:
https://www.planning.org/research/solar/briefingpapers/localdevelopmentregulations.htm
California Air Resources Board, accessed January 2018:
https://www.arb.ca.gov/msprog/carpool/carpool.htm
Consultant for this White Paper
Mintier Harnish
1415 20th Street, Sacramento, CA 95814
(916) 955-0853
www.mintierharnish.com
Attachment 2
Packet Page 33
October 23, 2017
TO: Doug Davidson, Deputy Director of Community Development, Development Review
Kyle Bell, Associate Planner
City of San Luis Obispo
FROM: MIG Consultant Team
RE: Final Updated Zoning Regulations Outline
Below we present the outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis
Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from
the public and Planning Commission at the September 13, 2017 Planning Commission study session ,
plus staff’s comments from September 14, 2017.
As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized,
we will use track changes to show amendments to regulations.
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS
17.020.010 – Title 17.020.010 – Title
17.020.020 – Purpose and Authority 17.020.020 – Purpose
17.020.030 – General Requirements 17.020.030 – General Requirements
17.020.040– Relationship to Prior Ordinances and
Other Codes
New
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.020.050 – General Plan Consistency –
Regulations Interpretation and Application
17.02.060 – Relationship to California
Environmental Quality Act
Explains how processes are affected by CEQA
review.
New
17.02.070 – Relationship to Design Guidelines New
17.02.080 – Relationship to Specific Plans New
17.02.090 – Prior Rights and Violations New
17.02.100 – Limitations on Use New
17.02.110 – Severability, Partial Invalidation of the
Zoning Regulations
New
Attachment 3
Packet Page 34
Article 1: Enactment, Applicability, and Enforcement
New (and Notes) Existing (and Notes)
17.02.120 - Enforcement Chapter 17.72: Enforcement
CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS
17.04.010 – Rules of Interpretation 17.020.040 - Interpretations
17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations
17.04.030 – Uses Not Classified
This provides greater clarity on how the Director
deals with unclassified uses and formalizes a
process for recording interpretations.
New
17.04.050 – Text Takes Precedence over Graphics New
CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP
17.06.010 – Purpose New
17.06.020 – Designation of Zones 17.060.010 – Designation of Zones
17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be
Designated within a Zone District – Zoning Map
to be Part of these Regulations
17.06.040 – Uncertainty of Boundaries New
17.06.050 – Classification of Annexed Lands and
Unclassified Property 17.70.050 – Annexation and Prezoning
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.10. USE REGULATIONS
17.10.010 – Use Regulations
This section will include current Table 9 (which may
have a new number).
Will include provisions for prohibited uses in current
17.22, elsewhere in the Zoning Regulations, and as
directed by City staff
Regarding the current Table 9 notes, we will look to
relocate the notes to the chapters addressing
specific zones and we will include a cross reference
in the “Specific Use Regulations” in Table 9.
17.22 Use Regulation (Table 9 and introductory
text)
17.08.070 – Mineral Extraction
Chapter 17.92: Onshore Support Facilities
CHAPTER 17.12. AGRICULTURAL (AG) ZONE
17.12.010 – Purpose and Application 17.33.010 – Purpose and Application
17.12.020 – Development Standards 17.33.020 – Property Development Standards
CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE
17.14.010 – Purpose and Application 17.32.010 – Purpose and Application
17.14.020 – Development Standards 17.32.020 – Property Development Standards
CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE
17.16.010 – Purpose and Application 17.24.010 – Purpose and Application
17.16.020 – Development Standards 17.24.020 – Property Development Standards
17.16.040 – Recreational Vehicle Parking
17.16.050 – Manufactured Housing
17.16.060 – Guest Quarters 17.21.020 – Guest Quarters
17.16.070 – Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units
Attachment 3
Packet Page 35
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE
17.18.010 – Purpose and Application 17.26.010 – Purpose and Application
17.18.020 – Development Standards 17.26.020 – Property Development Standards
17.18.030 – Recreational Vehicle Parking
CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE
17.20.010 – Purpose and Application 17.28.010 – Purpose and Application
17.20.020 – Development Standards 17.28.020 – Property Development Standards
17.20.030 – Recreational Vehicle Parking
CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE
17.22.010 – Purpose and Application 17.30.010 – Purpose and Application
17.22.020 – Development Standards 17.30.020 – Property Development Standards
17.22.030 – Recreational Vehicle Parking
CHAPTER 17.24. OFFICE (O) ZONE
17.24.010 – Purpose and Application 17.34.010 – Purpose and Application
17.24.020 – Development Standards 17.34.020 – Property Development Standards
CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE
17.26.010 – Purpose and Application 17.38.010 – Purpose and Application
17.26.020 – Development Standards 17.38.020 – Property Development Standards
CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE
17.28.010 – Purpose and Application 17.40.010 – Purpose and Application
17.28.020 – Development Standards 17.40.020 – Property Development Standards
CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE
17.30.010 – Purpose and Application 17.41.010 – Purpose and Application
17.30.020 – Development Standards 17.41.020 – Property Development Standards
CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE
17.32.010 – Purpose and Application 17.42.010 – Purpose and Application
17.32.020 – Development Standards 17.42.020 – Property Development Standards
CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE
17.34.010 – Purpose and Application 17.44.010 – Purpose and Application
17.34.020 – Development Standards 17.44.020 – Property Development Standards
CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE
17.36.010 – Purpose and Application 17.46.010 – Purpose and Application
17.36.020 – Development Standards 17.46.020 – Property Development Standards
CHAPTER 17.40. MANUFACTURING (M) ZONE
17.40.010 – Purpose and Application 17.48.010 – Purpose and Application
17.40.020 – Development Standards 17.48.020 – Property Development Standards
CHAPTER 17.42. BUSINESS PARK (BP) ZONE
17.42.010 – Purpose and Application 17.49.010 – Purpose and Application
17.42.020 – Development Standards 17.49.020 – Property Development Standards
CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE
17.46.010 – Purpose and Application 17.36.010 – Purpose and Application
17.46.020 – Development Standards 17.36.020 – Property Development Standards
17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses
CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE
17.52.010 – Purpose 17.50.010 – Purpose
17.52.020 – Applicability 17.50.020 – Application and Procedure
17.52.030 – Preliminary Development Plan 17.62.010 – Preliminary Development Plan
Attachment 3
Packet Page 36
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
Required
17.52.040 – Process for Approval 17.62.020 – Actions of the Planning Commission
17.62.030 – Actions of the Council
17.62.040 – Required Findings
17.62.045 – Decision and Findings
17.52.050 – Final Development Plan 17.62.060 – Final Development Plan
17.62.050 – Requirement for Development Plan
17.52.060 – Phasing 17.62.070 – Phasing
17.52.070 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development
Plan
17.52.080 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning
CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE
17.54.010 – Purpose and Application 17.52.010 – Purpose and Application
17.54.020 – Allowed Uses 17.52.020 – Allowed Uses
17.54.030 – Development Standards 17.52.030 – Development Standards
CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE
17.56.010 – Purpose and Application 17.53.010 – Purpose and Application
17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development
Standards
17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development
Standards
17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments
CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE
17.58.010 – Purpose and Application 17.54.010 – Purpose and Application
17.58.020 – Allowed Uses 17.54.020 – Allowed Uses
17.56.030 – Development Standards 17.54.030 – Development Standards
CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE
17.60.010 – Purpose 17.55.010 – Purpose
17.60.020 – Application and Procedure 17.55.020 – Application and Procedure
17.60.030 – Development and Design Standards
We propose to consolidate the MU provisions
throughout Title 17 into this chapter to make them
easier to use. Also, provisions beyond the current
regulations will be included to address LUCE policy
and to reflect elimination of the current live/work and
work/live provisions.
17.55.030 – Development Standards
17.08.072 – Mixed Use Projects
B. Mix of Uses
C. Maximum Density
D. Site Layout and Project Design Standards
17.60.040 – Design Considerations 17.087.072.A – Mixed Use Projects: Design
Considerations
17.60.050 – Performance Standards 17.087.072.E – Mixed Use Projects:
Performance Standards
17.60.060 – Requirements for Use Permit Projects 17.087.072.F – Mixed Use Projects:
Requirements for Use Permit Projects
CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE
17.62.010 – Purpose and Application 17.56.010 – Purpose and Application
17.62.020 – Allowed Uses 17.56.020 – Allowed Uses
17.62.030 – Development Standards 17.56.030 – Development Standards
17.62.040 – Waiver of Use Permit Requirement with
Subdivision Map
17.56.040 – Waiver of Use Permit Requirement
with Subdivision Map
CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE
Attachment 3
Packet Page 37
Article 2: Zones, Allowable Uses, and Development and Design Standards
New (and Notes) Existing (and Notes)
17.64.010 – Purpose 17.57.010 – Purpose and Intent
17.64.020 – Applicability 17.57.020 – Applicability
17.57.050 – Airport Overlay Zone
17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses
and Table 10
17.64.040 – Development Standards 17.57.040 – Development Standards and Uses
17.64.050 – Procedures for Establishing Uses within
the AOZ
17.57.030 – Procedures
17.64.060 – Airspace Protection 17.57.060 – Airspace Protection
17.64.070 – Noise Compatibility Standards 17.57.070 – Noise
17.64.080 – Overflight Notice 17.57.080 – Overflight Notice
17.64.090 – Designated Clear Areas 17.57.090 – Open Land
Attachment 3
Packet Page 38
Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS
▪ Permitted Projections into Required Setback
Areas
▪ Vision Clearance Triangle at Intersections
▪ Height Measurement and Exceptions
Regarding the remaining provisions below: Each will
be a separate chapter. W e have not listed the
detailed regulations for each topic.
New
17.16.020.D – What May Occupy Yards
17.16.020.E.2.f – Intersection Visibility
17.16.040 Height
Applicability of Other Provisions in the Zoning
Regulations
17.17.020 - Applicability of Other Provisions
17.16.005 - Applicability of Other Provisions
Accessory Structures in Residential Zones 17.21.030 – Accessory Structures
Building Setback Lines Chapter 17.74: Building Setback Lines (Plan
Line)
Coverage 17.16.030 – Coverage
Creek Setbacks 17.16.025 – Creek Setbacks
Density 17.16.010 – Density
Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges=
Flood Damage Prevention Chapter 17.84: Flood Damage Prevention
Regulations
Night Sky Preservation Chapter 17.23: Night Sky Preservation
Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and
Storage
Parking and Loading 17.16.060 – Parking Space Requirements and
Table 6
17.16.070 – Parking and Driveway Design and
Exceptions
Performance Standards
A. Applicability
B. Air Contaminants
C. Discharges to Water or Public Sewer
System
D. Energy Conservation
E. Hazardous Materials
F. Heat and Cold
G. Illumination
H. Noise
I. Solid Waste
J. Vibration
Chapter 17.18: Performance Standards
New: Applicability (same as 17.18.090 – General
and Special Conditions), Hazardous Materials,
Cold
Property Maintenance Standards Chapter 17.17: Property Maintenance Standards
Public Art Requirements for Private Development
Definitions could be kept in this section or moved to
Definitions chapter.
Chapter 17.98: Public Art Requirements for
Private Development
Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication
and Improvement
Water-Efficient Landscape Standards
We recommend keeping these definitions specific to
Chapter 17.87: Water Efficient Landscape
Standards
Attachment 3
Packet Page 39
Article 3: Regulations and Standards Applicable to All Zones
New (and Notes) Existing (and Notes)
this chapter here rather than place them in the
Definitions chapter.
Yards 17.16.020 – Yards (except D. and E.2.f)
Attachment 3
Packet Page 40
This is the place to consider adding any other uses for which the City has routine conditions it may wish
to codify. Also, each land use topic will be a separate chapter; we have not listed the detailed regulations
for each topic in this outline.
Article 4: Regulations for Specific Land Uses and Activities
New (and Notes) Existing (and Notes)
Adult Entertainment Businesses
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
Chapter 17.95: Adult Entertainment Businesses
Alcoholic Beverage Sales - Deemed Approved
Regulations
17.11: Deemed Approved Alcoholic Beverage
Sales Regulations
Alcoholic Beverages and Motor Fuel – Concurrent
Sales
17.08.040 - Concurrent Sales of Motor Fuel and
Alcoholic Beverages
Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast
Establishments
Convenience Stores 17.08.095 – Convenience Stores
Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care
Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care
Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care
Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement
Centers
Home Occupations 17.08.090 – Home Occupation
Homeless Shelters 17.08.110 – Homeless Shelters
Homestay Rentals 17.08.140 – Homestay Rentals
Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and
Residential Lots
Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool
Equipment
Public Utilities 17.08.080 – Public Utilities
Recreational Vehicle as Dwelling Unit—Limitations 17.16.015 – Recreational Vehicle as Dwelling
Unit
Religious Assembly Uses in Residential Zones
Suggest to include performance standards to
minimize conflicts in residential neighborhoods
New
Safe Parking 17.08.115 – Safe Parking
Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna
Service Stations 17.08.030 – Service Stations
Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses
Vending Machines 17.08.050 – Vending Machines
Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications
Facilities
Attachment 3
Packet Page 41
Article 5: Nonconformities
New (and Notes) Existing (and Notes)
CHAPTER XX: NONCONFORMING STRUCTURES
Intent 17.14.010 - Intent
Regulations 17.14.020 – Regulations
17.16.035 – Size limits on large-scale retail
establishments
CHAPTER XX: NONCONFORMING USES
Intent 17.10.010 - Intent
Regulations 17.10.020 - Regulations
CHAPTER XX: NONCONFORMING LOTS
Intent 17.12.010 - Intent
Regulations 17.12.020 - Regulations
Attachment 3
Packet Page 42
This is the place to consider adding any other permitting or administrative provisions that would benefit
from codification. For example, should the Design Review Process be included here? Does the City have
a Zoning Clearance process? Administrative Adjustments?
Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
CHAPTER XX: GENERAL PROVISIONS
Purpose and Intent New
Discretionary Permits and Action
This will include a chart showing the various permits
and responsible review/hearing bodies.
New
Exemptions from Permit Requirements New
Additional Permits May Be Required New
Burden of Proof and Precedence New
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
Purpose
This new chapter consolidates common provisions
from each of the chapters that address how to file
applications and how staff goes about reviewing
applications before sending them to the responsible
review/acting authority.
New
Authority for Land Use and Zoning Decisions New
Multiple Permit Applications New
Application Preparation and Filing 17.58.020 – Application Form
Application Fees Chapter 17.68: Fees
Applicant Indemnification New
Initial Application Review New
Project Evaluation and Staff Reports New
Environmental Review New
Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications
Inactive Applications Chapter 17.65: Inactive Applications
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS
Purpose and Intent 17.58.010 – Purpose and Intent
Procedure – Administrative Use Permit 17.58.030 - Procedures
Procedure – Planning Commission Use Permit 17.58.030 - Procedures
Conditions of Approval 17.58.050 – Conditions of Approval
Criteria for Approval 17.58.060 – Criteria for Approval
Required Findings 17.58.040 - Findings
Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance
with Use Permits
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
CHAPTER XX: REASONABLE ACCOMMODATION
Purpose and Intent 17.61.010 – Purpose and Intent
Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable
Accommodation
Application Requirements 17.61.050 – Application Requirements
Review Authority 17.61.030 – Review Authority
Attachment 3
Packet Page 43
Article 6: Permit Procedures
New (and Notes) Existing (and Notes)
Conditions of Approval 17.61.080 – Conditions of Approval
Required Findings 17.61.060 - Required Findings
Occupancy Requirement 17.61.070 – Performance Standard
Modification of Use Permit New
Permit to Run with the Land New – This states State law.
Appeals 17.61.090 Appeals
CHAPTER XX: VARIANCES
Purpose and Intent 17.60.010 – Purpose and Intent
17.60.020 – Scope
Procedure 17.60.030 - Procedure
Burden of Proof New
Required Findings 17.60.040 - Findings
Expiration 17.60.050 - Expiration
Modification of Use Permit New
Permit to Run with the Land
This states State law.
New
Attachment 3
Packet Page 44
Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
Purpose
This is a new chapter that sets forth the
responsibilities of the review authorities.
New
Community Development Director
Planning Commission
Architectural Review Commission Cross reference to Chapter 2.48
City Council
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
Scope 17.70.010 – Scope
Authority to Initiate an Amendment 17.70.020 – Initiation
Processing, Notice, and Hearings 17.70.030 – Planning Commission Action
17.70.040 – Council Action
CHAPTER XX: GENERAL PLAN AMENDMENTS
Purpose 17.80.010 – Title
17.80.020 – Amendments to be made in manner
provided in this chapter
17.80.030 – Purpose
Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments -
Applications
Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments
17.80.080 – Coordination of Amendments
Processing, Notice, and Hearings 17.80.060 – Planning Commission Action
17.80.070 – Council Action
CHAPTER XX: APPEALS
Standing to Appeal 17.66.010 – Standing to Appeal
Time to File Appeal 17.66.020 – Time Limits
Content of Appeal Filing 17.66.040 – Content of Appeals
Course of Appeals 17.66.030 – Course of Appeals
Hearings and Notice 17.66.050 – Hearings and Notice
CHAPTER XX: PUBLIC NOTICES AND HEARINGS
Purpose
This chapter consolidates all similar requirements
throughout Title 17 regulating how hearings are
noticed, scheduled, and conducted.
Notice of Hearing
Scheduling of Hearing
Hearing Procedure
Recommendation by Planning Commission
Recommendation by Architectural Review
Commission
New
Cross reference to Chapter 2.48.
Coordination of Multiple Appeals on Single
Application
This is the new process we have discussed to bring
forward to the City Council, as one packet, appeals
New
Attachment 3
Packet Page 45
Article 7: Administration of Zoning Regulations
New (and Notes) Existing (and Notes)
on PC action and ARC action.
Effective Date of Decision
CHAPTER XX: DEVELOPMENT AGREEMENTS
Purpose and Scope 17.94.010 Purpose and Scope
Authority 17.94.020 Authority
Initiation of Hearings 17.94.030 Initiation of Hearings
Applications—Legal Interest 17.94.040 Applications—Legal Interest
Fees 17.94.050 Fees
Preapplication Review 17.94.060 Preapplication Review
Application—Contents 17.94.070 Application—Contents
Public Notice 17.94.080 Public Notice
Failure to Receive Notice 17.94.090 Failure to Receive Notice
Planning Commission Hearing and
Recommendation
17.94.100 Planning Commission Hearing and
Recommendation
City Council Hearing 17.94.110 City Council Hearing
City Council Action 17.94.120 City Council Action
Development Agreement—Contents 17.94.130 Development Agreement—Contents
Development Agreement—Adoption by Ordinance—
Execution of Contract
17.94.140 Development Agreement—Adoption
by Ordinance—Execution of Contract
Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement
Ordinance, Regulations, and Requirements
Applicable to Development
17.94.160 Ordinances, Regulations and
Requirements Applicable to Development
Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and
Federal Laws
Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity
Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension—
Cancellation
Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s
Authority
Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council
Review and Action
Modification or Termination for Violations 17.94.220 Modification or Termination for
Violations
Consequences of Termination 17.94.230 Consequences of Termination
Irregularity of Proceedings 17.94.240 Irregularity in Proceedings
Coordination of Approvals 17.94.250 Coordination of Approvals
Attachment 3
Packet Page 46
Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS
Purpose 17.91.010 - Purpose
Definitions 17.91.020 - Definitions
Applicability and Exclusions 17.91.030 - Applicability and Exclusions
General Standards 17.91.040 - General Standards
Procedures 17.91.050 - Procedures
In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee
Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund
Established
Real Property Dedication 17.91.080 - Real Property Dedication
Incentives 17.91.090 - Incentives
Project Application 17.91.100 - Project Application
Conditions of Approval 17.91.110 - Conditions of Development
Approval
Program Requirements 17.91.120 - Program Requirements
Eligibility Screening 17.91.130 - Eligibility Screening
Affordability Restrictions 17.91.140 - Affordability Restrictions
Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program
Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity
Properties
Management and Monitoring 17.91.160 - Management and Monitoring
Enforcement and Appeals 17.91.170 - Enforcement and Appeals
Severability 17.91.180 - Severability
CHAPTER XX: AFFORDABLE HOUSING INCENTIVES
Purpose
These may require minor adjustments to conform to
recent changes in State law.
17.90.010 – Purpose
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.90.020 - Definitions
Application Process 17.90.030 - Application Process
Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing
Projects
Standard Incentives for Conversion of Apartments to
Condominium Projects
17.90.050 - Standard Incentives for Conversion
of Apartments to Condominium Projects
Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives
Relationship to Other City Procedures 17.90.070 - Relationship to Other City
Procedures
Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing
Fees
Because this fee provision is very specific to this
process, we recommend keeping it here instead of
with the more generic fee provisions.
17.90.090 – Fees
Affordability Standards 17.90.100 - Affordability Standards
Occupant Qualifications 17.90.110 - Occupant Screening
Attachment 3
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Article 8: Housing-Related Regulations
New (and Notes) Existing (and Notes)
CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS
Purpose and Intent 17.86.010 - Purpose and Intent
Area of Applicability 17.86.020 - Area of Application
Definitions
We recommend keeping these definitions specific to
this chapter here rather than place them in the
Definitions chapter.
17.86.030 – Definitions
Land Uses Affected 17.86.040 - Land Uses Affected
No Net Housing Loss 17.86.050 - No Net Housing Loss
Exceptions 17.86.060 - Exceptions
Public Hearing Required 17.86.090 – Public Hearing—Notification
Conditions of Approval 17.86.080 – Conditions of Approval
Required Findings 17.86.070 – Findings Required
CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS
Purpose and Justification 17.88.010 - Purpose and Justification
Allocations 17.88.020 - Allocations
Periodic City Council Review and Consideration of
Revisions
17.88.030 - Periodic City Council Review and
Consideration of Revisions
Interim Urgency Regulations Chapter 17.20: Residential Occupancy
Standards
This section may be adjusted to ensure
compliance with federal fair housing laws. Other
regulations address the concern via regulating
the types of housing allowed in each zone,
building code limits on occupancy, parking
regulations for larger units, and requirements for
what constitutes a bedroom.
17.70.060 – Other Requirements
This section may be removed since it just states
Government Code requirements for urgency
ordinances and other provisions.
Chapter 17.93: High-Occupancy Residential
Use Regulations
This section may be adjusted to ensure
compliance with federal fair housing laws.
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Article 9: Definitions
New (and Notes) Existing (and Notes)
CHAPTER XX: DEFINITIONS
A
Adult Business definitions will be kept in the Adult
Business provisions.
A
B B
C C
D D
E E
F F
17.84.020 Definitions (Floodplain Management
Regulations)
G G
H H
I I
J J
K K
L
A new section will be provided to group all Land Use
related (uses listed in Table 9) definitions.
L
M M
N N
O O
P P
17.989.020 Definitions (Public Art)
Q Q
R
R
17.61.020 Definitions (for Reasonable
Accommodation)
S S
T T
U U
V V
W W
X X
Y Y
Z Z
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Chapters/Sections Deleted and Why
Chapter or Section Reason for Deletion
17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations
17.16.100 – Utility Services Previously deleted by Ord. No. 1287
Chapter 17.82: Residential Condominium
Development and Conversions
Previously deleted by Ord. No. 1490
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ARTICLE 6: PERMIT PROCEDURES
CHAPTER XX: GENERAL PROVISIONS
17.XX.XXX Purpose and Intent
NewThis Article 6 establishes the overall structure for the application, review, and action on City -required permit
applications, and identifies and describes those discretionary permits and other approvals required by these Zoning
Regulations in Table 6-1 (Review Authority).
17.xx.xxx Discretionary Permits and Action
A. Administrative Permits and Actions. Except when combined with legislative actions or other non-administrative
actions defined in this Division, the Director, also defined in these Zoning Regulations as the designee of the
Director, is the designated review authority for the following quasi-judicial permits and actions, which are generally
limited to interpretation of policy or relatively minor adjustments of Zoning Regulations standards. Additionally, the
Director has primary administrative authority over certain activities which require the determination of compliance
with applicable Zoning Regulations provisions. The Director, at the Director’s sole discretion, may elevate the level
of review to a higher review authority.
1. Development Review -Tier I. An administrative action providing for the review of and action on certain
development applications identified in Section 17.xx.xxx (Development Review – Tier I).
2. Director’s Action. An administrative action granting exception (modification or deletion) to certain specified
development standards of these Zoning Regulations in cases where strict compliance would result in a
hardship, as specified in and processed in compliance with Section 17.xx.xxx (Director’s Action).
3. High-Occupancy Residential Use. An administrative review process providing for the review of any proposal
to establish occupancy of a residence in the R-1 or R-2 zones, other than a residential care facility, by six or
more adults as specified in Chapter 17.XX (High-Occupancy Residential Use Regulations).
4. Home Occupation Permits. An administrative permit authorizing the operation of a specified home-based
occupation in a particular location in compliance with the provisions of these Zoning Regulations and in
compliance with procedures specified in Article 4, Section 17.xx.xxx (Home Occupation Permits).
5. Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure
in a particular location in compliance with the provisions of these Zoning Regulations and in compliance with
procedures specified in Section 17.xx.xxx (Conditional Use Permits and Minor Use Permits).
6. Reasonable Accommodations. An administrative permit authorizing limited modifications to properties to
accommodate a person with specified disabilities and physical limitations in compliance with specific criteria
and performance standards and in compliance with procedures specified in Section 17.xx.xxx (Reasonable
Accommodations).
7. Revocation of Director’s Actions and Minor Use Permits. An adjudicatory process providing for the review
of potential violations of conditions of approval for an authorized use or structure, and for the revocation of
such approval based upon findings set forth in Section 17.xx.xxx (Revocations).
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8. Temporary Use Permits. An administrative permit authorizing specific limited term uses in compliance with
specified conditions and performance criteria specified in Article 4, Section 17.xx.xxx (Temporary Use
Permits).
9. Variances. An action granting exception to the development standards of these Zoning Regulations in
cases where strict compliance would result in a unique hardship in compliance with Section 17.xx.xxx
(Variances).
10. Zoning Regulations Interpretations. An administrative interpretation of certain provisions of these Zoning
Regulations in an effort to resolve conflict or ambiguity in the regulations and to ensure their consistent
application in compliance with Section 17.xx.xxx (Interpretation of the Zoning Regulations Provisions).
B. Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the Planning Commission
is the designated review authority for the following quasi-judicial permits and actions. Additionally, the Planning
Commission may review administrative permits and actions referred by the Director. A public hearing is required
for the following quasi-judicial actions in compliance with Section 17.xx.xxx (Public Notices and Hearings).
1. 1. Adjustments to Standards in the Downtown-Commercial (C-D) Zone. A process for making
adjustments, on a project-specific basis, to the development standards applicable to development in the C-D
zone, as specified in Chapter XX (Downtown-Commercial [C-D] Zone).
1. 2. Building Setback Lines. A process for adoption of official building setback lines, as specified in
Section 17.xx.xxx (Building Setback Lines).
3. Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a
particular location in compliance with the provisions of these Zoning Regulations and the procedures specified
in Section 17.xx.xxx (Conditional Use Permits and Minor Use Permits).
4.
Development Review -Tier II. A process providing for the review of and action on certain development
applications identified in Section 17.xx.xxx (Development Review – Tier II).
5. PD Overlay Zone – Amendments to Final Development Plan. A process for reviewing proposed
amendments to an adopted Planned Development Overlay (PD) Zone final development plan prior to
construction of authorized improvements, as specified in Chapter 17.XX (Planned Development [PD] Overlay
Zone).
6. SF Overlay Zone – Specific Focus Areas. A requirement and process for reviewing all development
applications within the Foothill Boulevard/Santa Rosa, Caltrans Site, Madonna Inn Area, Sunset Drive-In
Theater/Prado Road Area, and LOVR Creekside Area focus areas, as shown in the General Plan Land Use
Element.
C. Legislative Actions. The designated review authority for all legislative actions is the City Council, based on
recommendations provided by the Planning Commission. A public hearing is required for the following legislative
actions in compliance with Section 17.xx.xxx (Public Notices and Hearings).
1. Affordable Housing Incentives. An action authorizing a residential density bonus in compliance with
Chapter 17.xx (Affordable Housing Incentives).
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2. Development Agreements and Amendments. An agreement between the City and a party with legal or
equitable interest in the real property relating to the development of property in compliance with Chapter 17.xx
(Development Agreements).
3. General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan
or a map amendment changing the General Plan land use designation of particular property in compliance
with Chapter 17.XX (General Plan Amendments).
4. Specific Plans and Amendments. A regulatory document prepared in compliance with Government Code
Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified
in Chapter 17.XX (Specific Plans).
5. Zoning Regulations Text/Zoning Map Amendments. An action authorizing either a text amendment to
these Zoning Regulations or a map amendment changing the zoning designation of particular property in
compliance with Chapter 17.XX (Amendments – Zoning Regulations and Zoning Map).
17.xx.xxx Additional Permits May Be Required
A land use on property that complies with the permit requirement or exemption provisions of these Zoning Regulations
shall also comply with the permit requirements of other Municipal Code provisions and any permit r equirements of
other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before
starting work or establishing a new use. Nothing in these Zoning Regulations shall eliminate the need to obtain any
permits required by:
A. Any other Municipal Code provisions, including Building, Grading, or other construction permits; a Business
License in compliance with Municipal Code Title 5 (Licenses, Permits, and Regulations, if required, or subdivision
approval if required by Title 16 (Subdivisions); or
B. Any applicable county, regional, State, or Federal regulations.
17.xx.xxx Burden of Proof and Precedence
A. Burden of Proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit
or approval in compliance with this Division is the responsibility of the applicant.
B. Precedence.
1. Each permit or approval shall be evaluated on a case-by-case basis.
2. The granting of a prior permit or approval either on the subject property or any other property within the City
does not create a precedent and is not justification for the granting of a new permit under current review.
CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING
17.xx.xxx Purpose and Authority for Land Use and Planning Decisions
A. This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land
use permit applications and legislative actions required by the City and specified in these Zoning Regulations.
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B. Table 6-1 (Review Authority), identifies the Review Authority responsible for reviewing and making decisions on
each type of application required by these Zoning Regulations.
C. The Architectural Review Committee has the authority to review and make recommendations to either the Director
or the Planning Commission, depending upon the type of project application, regarding compliance with applicable
design guidelines. Section 2.48.050 (Projects Subject to Architectural Review) establishes the types of projects
subject to architectural review
Table 6-1
Review Authority
Type of Action
Applicable
Code
Section
Role of Review Authority (1)
Director Commission Council
Legislative Actions
Development Agreements and
Amendments
Recommend (1) Recommend Decision
General Plan Amendments Recommend (1) Recommend Decision
Specific Plans and Amendments Recommend Recommend Decision
Zoning Map Amendments Recommend Recommend Decision
Zoning Regulations Amendments Recommend (1) Recommend Decision
Planning Permits and Approvals and Administrative Actions
Affordable Housing Incentives Recommend Recommend Decision
Building Setback Lines Recommend Decision Appeal
Conditional Use Permits Recommend Decision Appeal
Development Review – Tier I Decision(2) Appeal --Appeal
Development Review – Tier II Recommend Decision Appeal
Director’s Action Decision(2) Appeal Appeal
Downtown Commercial Zone –
Adjustments to Standards
Recommend Decision Appeal
High Occupancy Residential Authorization Decision(2) Appeal Appeal
Home Occupation Permits Article 4,
Sec.
17.xx.xxx
Decision (2) Appeal Appeal --
Interpretations Decision (2) Appeal Appeal
Minor Use Permits Decision (2) Appeal Appeal
PD Overlay Zone – Major Amendments to
Final Development Plan
Recommend Decision Appeal
PD Overlay Zone – Minor Amendments to
Final Development Plan
Decision(2) Appeal Appeal
Planned Developments Recommend Decision Appeal
Reasonable Accommodations Decision (2) Appeal Appeal
SF Overlay Zone – Review Authority in
Specific Focus Areas.
Recommend Appeal Appeal
Temporary Use Permits Article 4,
Sec.
17.xx.xxx
Decision (2) Appeal --lAppeal
Variances Decision(2) Appeal Appeal
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Notes:
(1) "Recommend" means that the Review Authority makes a recommendation to a higher decision-making body;
"Decision" means that the Review Authority makes the final decision on the matter and "Appeal" means that
the Review Authority may consider and decide upon appeals to the decision of an earlier decision-making body,
in compliance with Chapter 17.XX (Appeals).
(2) The Director may defer action and refer the request to the Planning Commission for consideration and final
decision.
17.xx.xxx Multiple Permit Applications
A. Concurrent Filing. An applicant for a development project that requires the filing of more than one application
(e.g., Conditional Use Permit, Tentative Map, etc.), shall file all related applications concurrently, together with all
required application fees, unless these requirements for concurrent filing are waived by the Director.
B. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be
reviewed and acted upon by the highest review authority designated by these Zoning Regulations for any of the
applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use
Permit are filed shall have both applications decided by the City Council, instead of the Planning Commission
being the final decision-making authority for the Conditional Use Permit, as otherwise required by Table 6-1
(Review Authority). In the example cited, the Planning Commission would still hear all of the applications (the
Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the City Council.
17.xx.xxx Application Preparation and Filing
Application shall be made to the Ccommunity Ddevelopment Ddepartment in the form prescribed by the Ddirector,
including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site
characteristics, and so on. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(B))any other
materials set forth on the application form or otherwise prescribed by City policy.
17.xx.xxx Application Fees
The Council may, by resolution, establish fees for applications and procedures required by these regulations, to the
extent such fees have a reasonable relationship to the costs incurred in processing the applications and providing
public notice. (Ord. 941 § 1 (part), 1982: prior code § 9204.10)
Applicant Indemnification
New
A. Applicant Agreement
1. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part
of the application, to defend (with legal counsel of City’s selection), indemnify, and hold harmless the City and
its agents, attorneys, employees, and officers from any action, claim, or proceeding brought against the City
or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of
the City, which action is brought within the applicable statute of limitations.
2. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney’s
fees, and other costs and expenses incurred in connection with the action.
B. City Notification of Applicant
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In the event that an action, claim, or proceeding referred to in Subsection A, above is brought, the City shall promptly
notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the
action, claim, or proceeding.
C. City Participation in Defense
Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the
City elects to bear its own attorney’s fees and costs and defends the action in good faith.
17.xx.xxx Initial Application Review
New
A. Review for Completeness
1. Criteria for Review. The Director shall review each application for completeness and accuracy before it is
accepted as being complete and officially filed. The Director's determination of completeness shall be based
on the City's list of required application contents and any additional written instructions provided to the
applicant in any pre-application conference and/or during the initial application review period.
2. Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of
application filing, the applicant shall be informed, in writing, either that the application is complete and has
been accepted for processing, or that the application is incomplete and that additional information, specified
in the Director's letter, shall be provided.
3. Appeal of Determination. Where the Director has determined that an application is incomplete and the
applicant believes that the application is complete and/or that the information requested by the Director is not
required, the applicant may appeal the Director's determination in compliance with Chapter 17.XX (Appeals).
4. Submittal of Additional Information.
a. When the Director determines that an application is incomplete, the time used by the applicant to submit
the required additional information shall not be considered part of the time within which the determination
of completeness shall occur. The time available to an applicant for submittal of additional information is
limited by Subparagraph A. 4., below.
b. The additional specified information shall be submitted in writing or electronically, as required by the
Director.
c. The Director’s review of the any information resubmitted by the applicant shall be accomplished in
compliance with Subparagraph A. 1., above, along with another 30-day period of review for
completeness.
5. Made Available for Public Review. After an application has been accepted as complete, in compliance with
the Freedom of Information Act, the application may be made available for public review as requested.
6. Environmental Information. After an application has been accepted as complete, the Director may require
the applicant to submit additional information needed for the environmental review of the project in compliance
with the California Environmental Quality Act (CEQA) and the City's CEQA guidelines.
B. Referral of Application. At the discretion of the Director, or where otherwise required by these Development
Regulations or State or Federal law, an application may be referred to any public agency that may be affected by
or have an interest in the proposed project.
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17.xx.xxx Project Evaluation
New
A. Investigation of Facts. Following receipt of a completed application, the Director shall investigate the facts
necessary for action consistent with the purpose of these Zoning Regulations.
B. Inspection of Premises
1. Pre-inspections. The Director shall have access to the subject premises in order to make an inspection(s) to
confirm the statements contained in the application and accompanying graphic materials and to make a
judgment as to its suitability.
2. Post-inspections. After approval, the Director shall have access to the subject premises to confirm
compliance with these Zoning Regulations and all conditions of permit approval.
17.xx.xxx Environmental Review
New
A. CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the
California Environmental Quality Act (CEQA) to determine whether:
1. The proposed project is exempt from the requirements of CEQA;
2. The proposed project is not a “project” as defined by CEQA;
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued; or
5. An Environmental Impact Report (EIR) and related documents shall beis required.
B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate
environmental documents, shall be in compliance with CEQA and the City’s CEQA guidelines.
C. Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required
to complete the City’s CEQA compliance review. These studies shall become public documents, and neither the
applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’
availability to the public.
17.xx.xxx Reapplication for Denied Permit Application
A. When any application made pursuant to these Zoning Rregulations has been denied, no new application which is
substantially the same shall be filed within one year of the date of the previous denial unless the Pplanning
Ccommission or Ccouncil, for good cause, shall grant permission to do so. The Ccouncil or Pplanning
Ccommission shall initiate such application based on whether the project was denied by the Planning Ccommission
or Ccouncil. If the decision to deny an application reviewed by the Pplanning Ccommission is finally determined
on appeal by the Ccity council, the Ccouncil shall grant permission.
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B. The Ddirector shall determine when an application is substantially the same as a previous application, subject to
the appeal procedures of Chapter 17.XX (Appeals)66. (Ord. 1591 § 25, 2013: Ord. 941 § 1 (part), 1982: prior code
§ 9204.9)
17.xx.xxx Inactive Applications
An application will be classified as “inactive” when the applicant has not adequately responded within one hundred
eighty180 days to submittal items required by staff for further processing as provided in an incomplete letter. The
Ddirector shall determine when an application is in an “inactive status” and deemed to be withdrawn. thirty-day
extensions may be granted at the discretion of the director. Any determination of inactive status is subject to appeal
procedures of Chapter 17.66. (Ord. 1553 § 24, 2010)
CHAPTER XX: DEVELOPMENT REVIEW
17.xx.xxx Purpose and Intent
The purpose of this Chapter is to provide a process for the appropriate review of development projects, and to ensure
that all approved site and structural development:
1. Respects the physical and environmental characteristics of the site and surrounding properties;
2. Provides for safe and convenient access and circulation for pedestrians and vehicles;
3. Exemplifies the best professional high-quality design practices;
4. Allows for and encourages individual identity for specific uses and structures;
5. Encourages the maintenance of a distinct neighborhood and/or community identity;
6. Minimizes or eliminates negative or undesirable visual impacts; and
7. Provides for the adequate dedication of land for public purposes and the provision of public infrastructure
associated with the subject development.
17.xx.xxx Applicability
A. Development Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge
or modify any existing structure or site until Development Review has been completed and approved in compliance
with this Chapter and Table 6-2 (Review Authority for Development Review), below.
B. Definitions. For the purposes of this Chapter, the term “significantly enlarge or modify” shall be defined as follows:
1. Residential Enlargement or Modification. Residential enlargements or modifications larger than 500
square feet or 25 percent of the existing gross floor area before the addition, whichever is less.
2. Nonresidential Enlargement or Modification. Nonresidential enlargement, modification, reconstruction,
rehabilitation, or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure
before the construction.
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3. Mixed Use Development. Mixed use development enlargement, modification, reconstruction, rehabilitation,
or remodel equal to or exceeding 25 percent of the existing gross floor area of the structure before the
construction.
4. Unimproved Nonresidential Property. In the case of improvements to unimproved nonresidential property
or improvements to nonresidential property that would not require modification of a structure, all plans shall
be reviewed.
17.xx.xxx Approval Regulations for Multifamily and Mixed-Use Development Projects
A. Requirements of State Law. The California Legislature has determined that California has a housing supply and
affordability crisis that requires a statewide effort to increase the approval and construction of new housing for all
economic segments, including putting forth laws that meaningfully and effectively curb the capability of local
governments to deny, reduce the density of, or render infeasible housing development projects (Government Code
Section 65589.5). The following regulations are established consistent with State law.
B. Multifamily Housing for Very Low-, Low-, and Moderate-Income Households. Pursuant to State law, a review
authority shall not deny nor render infeasible a multifamily housing development or a mixed-use development
consisting of at least two-thirds of the square footage for residential use, whereby such development is for very
low-, low-, or moderate-income households, including through the use of design review standards, unless it makes
all of the following written findings, based upon a preponderance of evidence on the record, that:
1. The City has adopted a housing element consistent with the requirements of Government Code Article 10.6
(Housing Elements) and has met or exceeded its share of the regional housing need allocation pursuant to
Government Code Section 65584 for the planning period for the income category proposed for the housing
development project, provided that any disapproval or conditional approval shall not be based on any of the
reasons prohibited by Government Code Section 65008. If the housing project includes a mix of income
categories and the City has not met or exceeded its share of the regional housing need for one or more of
those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing
project. The share of the regional housing need met by the City shall be calculated consistently with the forms
and definitions that may be adopted by the Department of Housing and Community Development pursuant to
Government Code Section 65400. Any disapproval or conditional approval pursuant to this paragraph shall
be in accordance with applicable law, rule, or standards.
2. The housing or mixed-use project as proposed would have a specific, adverse impact upon the public health
or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income households. As used in this paragraph,
a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete. Inconsistency with these Zoning Regulations or the General Plan
land use designation shall not constitute a specific, adverse impact upon the public health or safety.
3. Denial of the housing project or imposition of conditions is required in order to comply with specific State or
Federal law, and there is no feasible method to comply without rendering the development unaffordable to
low- and moderate-income households or rendering infeasible.
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4. The housing project is proposed on land zoned for agriculture or resource preservation that is surrounded on
at least two sides by land being used for agricultural or resource preservation purposes, or which does not
have adequate water or wastewater facilities to serve the project.
5. The housing project is inconsistent with both these Zoning Regulations and the General Plan land use
designation as it existed on the date the application was deemed complete, and the City has adopted a
Housing Element consistent with the requirements of Government Code Article 10.6 (Housing Elements). For
purposes of this section, a change to the Zoning Regulations or General Plan land use designation
subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove
or condition approval of the housing project.
C. All Multifamily Housing. Pursuant to State law, when any proposed housing project or mixed use development
consisting of at least two-thirds of the square footage for residential use complies with applicable, objective General
Plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that
the project application is determined to be complete, but the review authority proposes to deny the project or to
impose a condition that the project be developed at a lower density, the review authority shall base its decision
regarding the proposed project upon written findings supported by a preponderance of the evidence on the record
that both of the following conditions exist:
1. The project would have a specific, adverse impact upon the public health or safety unless the project is denied
or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a
“specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to
paragraph (1), other than denial of the project or the approval of the project upon the condition that it be
developed at a lower density.
17.xx.xxx Review Authority
A. Applicable Review Authority.
1. The applicable review authority shall be as specified in Table 6-2 (Review Authority for Development Review),
below. The two levels of review specified in Table 6-2 shall be further defined as follows:
(a) Director (Tier I). Review and decision by the Director with public notice required, in compliance with
subsection XXXX below, as specified for the review of Tier I projects. Any decision of the Director may
be appealed to the Planning Commission.
(b) Planning Commission (Tier II). Review and decision by the Planning Commission with public notice
and hearing required, in compliance with Section 17.xx.xxx (Public Notices and Hearings). Any decision
of the Planning Commission may be appealed to the City Council.
2. The Director may instead defer action and refer the application to the Planning Commission. Any such referral
shall be placed on the agenda of the next available regular Commission meeting following the referral.
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3. For both Tier I and Tier II Development Review processes, the Architectural Review Commission shall serve
as an advisory body to the review authority, with review of an application by the Architectural Review
Commission to occur as follows:
(a) For Tier I (Director) Development Review, the Architectural Review Commission shall conduct a public
meeting as set forth in Section 2.48.090 (Architectural Review Procedures) and forward its
recommendations to the Director prior to the conduct of a public hearing by the Director on the subject
application.
(b) For Tier II (Planning Commission) Development Review, the Architectural Review Commission shall
conduct a public meeting as set forth in Section 2.48.090 (Architectural Review Procedures) and forward
its recommendations to the Director, who shall incorporate those recommendations into the staff report
prepared for the public hearing by the Planning Commission on the subject application.
B. Exceptions to Table 6-2. If the Development Review application is filed along with a companion discretionary
land use application (e.g., Conditional Use Permit, etc.), the decision to approve or deny the Development Review
application shall be made by the review authority responsible for reviewing the companion discretionary land use
application in compliance with the applicable review procedures for the companion discretionary review and Table
6-1 (Review Authority). The decision to approve or deny the Development Review application shall be made in
compliance with subsection F (Required Findings), below
Table 6-2
Review Authority for Development Review
Type of Construction Activity
Role of Review Authority (1) (2)
Tier I - Director
Tier II – Planning
Commission
Antennas and Wireless Communication Facilities
Panel – New panel with substantial changes resulting in an increase
in dimensions of the existing facilities Decision Appeal
Stand-alone Facility RecommendDecision DecisionAppeal
All other Antennas and Wireless Communication Facilities are subject to the issuance of a building permit, as applicable.
Single-family Residential: New Construction, Additions, and/or Accessory Structures
New single-family residence and additions to an existing single-family
residence only if:
1) architectural review is required as a condition of a subdivision
approval, use permit, or other discretionary entitlement;
Decision Appeal
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Table 6-2
Review Authority for Development Review
Type of Construction Activity
Role of Review Authority (1) (2)
Tier I - Director
Tier II – Planning
Commission
2) developer proposes to conductconstruct three or more units not
defined to be a “small residential development project” per Chapter
2.48 (Architectural Review Commission);
3) the Director determines that the site is a “sensitive site” as set forth
in the ARC’s procedures manual;
4) a covered required parking space or spaces is proposed to be
converted to another use and replacement parking in proposed;
5) the project site is within or along a creek or waterway, as defined
by the City’s floodplain management policy;
6) the scale and character of the proposed dwelling contrasts
significantly with adjacent or neighboring structures.
All development located on hillsides having a natural slope gradient
of 2015 percent or greater Decision Appeal
Multifamily Residential New Construction, Additions, and/or Modifications
Multifamily residential construction proposing up to X dwelling units,
excluding parcel or tract maps Decision Appeal
Multifamily residential construction proposing X or more dwelling units Recommendation Decision
Any addition (main building or accessory structures) or change in
number of units Recommendation Decision
Other Residential Construction or Improvements
Covered patios, facade improvements, fences, swimming pools, spas Decision Appeal
Mixed Use Construction
Mixed Use development with at least [two-thirds] of the square
footage designated for residential use and the unit count is X units or
less
Decision Appeal
Mixed Use development with at least two-thirds of the square footage
designated for residential use and the unit count is X units or more Recommendation Decision
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Table 6-2
Review Authority for Development Review
Type of Construction Activity
Role of Review Authority (1) (2)
Tier I - Director
Tier II – Planning
Commission
Any addition (main building or accessory structures) or change in
number of units Recommendation Decision
Nonresidential Construction
New Construction – Up to 10,000 square feet of gross floor area Decision Appeal
New Construction – 10,001 square feet or more of gross floor area Recommend Decision
Enlargements or modifications up to a maximum of [1,500 square
feet] or [25 percent] of the existing gross floor area, whichever is less Decision Appeal
Enlargements or modifications that exceed [1,501 square feet] or [25
percent] of the existing gross floor area. Recommend Decision
All development projects on sites in excess of one acre or structures
in excess of 40,000 square feet Recommend Decision
Other Nonresidential Construction or Improvements
Rooftop patios and decks Decision Appeal
Other Review
Shared/Joint and Off-Site Parking Plans Decision Appeal
[OTHER??]
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that
the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon
appeals to the decision of an earlier decision-making body, in compliance with Chapter XX (Appeals).
(2) The Director may defer action and refer the request to the Planning Commission for the final decision.
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17.xx.xxx Application Filing, Processing, and Review
A. Application Filing. An application for Development Review shall be filed and processed in compliance with the
provisions of this Chapter. The application shall include the information and materials specified in the most up-to-
date Department handout for Development Review applications, together with the required fee. It is the
responsibility of the applicant to provide evidence in support of the findings required by Section 17.xx.xxx (Findings
and Decision), below. Initial review of the application, including time requirements and requests for information,
shall be in compliance with Section 17.xx.xxx (Initial Application Completeness Review).
B. Review with Other Land Use Applications. If the project for which the request for Development Review is being
made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), then the applicant shall
file the information required by Subsection A (Application Filing), above, together for concurrent review with the
application for the companion discretionary approval. Only the formal application and associated fee for the
companion discretionary approval shall be required in order to comply with the Development Review filing
requirements.
C. Application Review. Each application for Development Review shall be reviewed to ensure that the application
is consistent with the purpose of this Chapter, applicable development standards and regulations of these Zoning
Regulations, and adopted Design Guidelines and policies that may apply.
1. Development Review is initiated when the Community Development Department receives a complete
application package, including all required information and materials specified in the Department handout and
any additional information required by the applicable review authority in order to conduct a thorough review
of the proposed project.
2. During the course of the review process for determination of completeness, the Community Development
Department may require the submittal of additional information or revised plans. The applicant shall be notified
in writing of any revisions or additional information required and shall submit the requested information to the
Department within 90 days following the date of the notice. Failure to submit the required information by the
end of the business day on the 90th day shall cause the City to consider the application withdrawn and of no
further effect unless the applicant requests and the Director grants a longer time period.
3. After an application has been deemed complete, a hearing shall be set before the applicable review authority.
The applicable review authority shall review the location, design, site plan configuration, and the effect of the
proposed development on adjacent properties by comparing the project plans to established development
standards, regulations, and applicable Design Guidelines and policies.
In the case of a multifamily residential project or a mixed-use project with at least two-thirds of the square
footage designated for residential use, the following schedules shall be adhered to:
a. Projects with up to 150X Residential Units. A decision shall be rendered within 30 days of the
application having been deemed complete. If no decision is rendered, the project shall be deemed
approved.
b. Projects with 150X or More Residential Units. A decision shall be rendered within 60 days of the
application having been deemed complete. If no decision is rendered, the project shall be deemed
approved.
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4. The review authority shall either approve or deny the Development Review application and, if approved, may
impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare
and ensure compliance with these Zoning Regulations, the General Plan, adopted Design Guidelines, and
other applicable various regulations. In the case of a multifamily residential project or a mixed-use project
with at least two-thirds of the square footage designated for residential use, the provisions of Section 17.xx.xxx
(Approval Regulations for Multifamily and Mixed-Use Development Projects), above, shall apply.
5. The following criteria shall be considered during the review of a Development Review application:
a. Compliance with these Zoning Regulations and all other applicable City regulations and policies;
b. Efficient site layout and design;
c. Compatibility with neighboring properties and developments with regard to setbacks, building heights,
massing, location of parking facilities, and similar site design and building design features that shape how
a property appears within a broader, definable neighborhood or district context;
d. Efficiency and safety of public access and parking and loading facilities;
e. The compatibility in scale and aesthetic treatment of proposed structures with public areas;
f. The adequacy of proposed driveways, landscaping, parking spaces, on-site and off-site parking,
pedestrian improvements;
g. The placement and use of private open spaces;
h. The use of design techniques such as façade articulation, use of varied building finishes and materials,
varied rooflines, and stepped-back stories to break up building massing;
i. Privacy considerations with regard to the placement and orientation balconies and windows;
j. Appropriate open space and use of water-efficient landscaping both to enhance overall site design and
to provide privacy screening;
k. Consistency with the General Plan and any applicable specific plan; and
l. Consistency with any adopted Design Guidelines, policies, and standards.
D. On-Site Inspection. An application for Development Review may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and
provisions identified in this Chapter.
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17.xx.xxx Public Notice and Hearing Provisions
A. Development Review Tier I (Director Level). A public notice and hearing shall be required for the Director’s
decision on a Development Review Tier I application in compliance with the same provisions for a Minor
Conditional Use Permit set forth in Section 17.xx.xxx (Procedure – Minor Use Permit).
B. Development Review Tier II (Planning Commission Level). A public notice and hearing shall be required for
the Planning Commission's decision on a Development Review application. Notice of the hearing shall be given
and the hearing shall be conducted in compliance with Section 17.XX.XXX (Public Notices and Hearings).
17.xx.xxx Findings and Decision
A. Review Authority’s Action within 45 days.
1. For all multifamily residential housing and mixed-use developments where at least two-thirds of the square
footage consists of residential, the time frames for action set forth in Section XXXX (Approval Regulations for
Multifamily and Mixed-Use Development Projects), paragraph B and C, above, shall apply.
2. For all other Development Review applications, the review authority shall approve, approve with conditions,
or deny the Development Review application within 45 days following the filing of the completed application
unless a continuance is granted with the applicant’s concurrence.
B. Other Review Authority. Where the Development Review application is being considered together with a
companion discretionary land use application (e.g., Conditional Use Permit, etc.), the decision to approve or deny
the Development Review application shall be made by the authority responsible for reviewing the companion
application in compliance with the applicable review procedure for the companion discretionary review.
C. Required Findings.
1. For all multifamily residential housing and mixed-use developments where at least two-thirds of the square
footage consists of residential, no such application shall be denied unless the review authority makes the
required findings set forth in Section XXXX (Approval Regulations for Multifamily and Mixed-Use Development
Projects), paragraph B and C, above. 2. For all other development, the review authority may approve
Development Review application only if it first makes all of the following findings. The proposed development:
1. Is allowed within the subject zone;
2. Is in compliance with all of the applicable criteria identified in subsection 17.XX.XXX.C.5, above;
3. Fits within the character of the neighborhood or district in which it is located; and
4. Will not be detrimental to the orderly growth of the City.
17.xx.xxx Conditions of Approval
A. May Impose Conditions. In approving a Development Review application, the review authority may impose
conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section
and the required findings, provided such conditions in the case of multifamily housing and mixed-use development
where at least two-thirds of the square footage is residential are consistent subsection 17.XX.XXX.C.5, above.
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B. Requirements for Dedication and Infrastructure. The conditions may include requirements for the offers of
adequate dedication of land for public purposes and the provision of public infrastructure to the extent necessitated
by the development.
17.xx.xxx Issuance of Other Required Permits and Approvals
A. Permits or Approvals for Grading, Structures, and Uses. No permits or approvals shall be issued for any
development involved in an application for Development Review or revised Development Review until and unless
the same shall have become final.
B. Compliance with Development Review. Grading shall not be commenced and no structure shall be altered,
enlarged, erected, moved, or rebuilt subject to the provisions of this Section, except in compliance with the
approved Development Review and the conditions imposed.
C. Determination by Director. Compliance shall be determined by the Director.
17.xx.xxx Minor Changes by Director
The Director may, through an administrative process, approve minor changes in an approved Development Review
approval that do not involve an increase in structure area or height, an increase in the number of dwelling units, a
significant architectural change, or an intensity of use.
CHAPTER XX: DIRECTOR’S ACTION
17.xx.xxx Purpose and Intent
The purpose of this Chapter is to authorize the Director to act on certain applications on an administrative basis, without
a public hearing, due to the minor nature of a proposed improvement, use of land, or allowed deviation from specified
development standards. Notwithstanding these provisions, the Director shall have the authority to refer any application
subject to this Chapter to the Planning Commission for consideration.
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17.xx.xxx Applicability
The Director is authorized to act on the following applications and take the following actions administratively.
A. Interpretation of these Zoning Regulations, as set forth in Chapter 17.04 (Interpretation of the Zoning Regulations).
B. Determination of parking requirements for uses not listed in Table 6.
C. Parking approvals for expansion of uses with nonconforming parking, as set forth in Chapter XX (Parking and
Loading).
D. Reasonable Accommodations, as set forth in Chapter XX (Reasonable Accommodations).
E. Home Occupation Permits, as set forth in Section 17.xx.xxx (Home Occupations).
F. Temporary Use Permits, as set forth in Chapter 17.XX (Temporary Use Permits).
GD. Minor modifications to the following specific development standards:
1. Antenna Height:
2. Bicycle Parking: The required type of bicycle parking facilities and required location of bicycle parking
facilities may be modified based upon the type of use proposed and/or the configuration of a development
site.
3. C-D Zone Limitation on New Driveways. In order to maintain pedestrian orientation and the continuity of
sidewalks within the C-D zone, the installation of new driveway approaches is subject to the Director’s review
and approval of Director’s Action, as set forth in Section 17.32.040 (Limitation on New Driveways).
74. Residential Parking in the C-D Zone Residential Parking. Up to a 10 percent or one space reduction in
parking spaces (whichever is greater), as set forth in Chapter XX (Parking and Loading).
35. Fence and Wall Heights. Up to a 10 percent increase in the maximum required fence or wall height. A
public notice shall be posted at the site of each proposed fence height exception. If no questions or objections
are received by the Community Development Department within five days after posting, the Director may
issue a letter of approval upon submission of all required information and without further notice or public
hearing. If anyone informs the Community Development Department of an reasonable objection concerning
the proposed fence or wall height exception within five days of the posting, the Director shall schedule a
hearing for the application as provided for Minor Use Permits. In granting any such exception, the Director
shall make the finding that no public purpose would be served by strict compliance with applicable fence and
wall standards.
46. Height Increase in the O Zone. As set forth in Section 17.XX.XXX.B (Maximum Height by Director’s Action).
7. Lighting.
a. Accent Lighting. All accent lighting shall by subject to Director’s Action to ensure compliance with the
provisions of Chapter XX (Night Sky Preservation).
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b. Athletic Fields. Athletic field lighting of intensity greater than 50 foot-candles but not more than 100
foot-candles.
c. Billboards – Upgrades. Upgrades to existing lighting fixtures on outdoor advertising signs (billboards)
that reduce light pollution, provided the illumination is not increased.
d. Temporary. Any temporary lighting that does not meet the requirements of Chapter XX (Night Sky
Preservation), subject to the findings set forth in that Chapter for temporary lighting.
e. Alternate Materials and Methods of Installation. As set forth in Subsection 17.XX.XXX.B
(AternativeAlternative Materials and Methods of Installation).
58. Parking and Driveway Design Standards. As set forth in Chapter XX (Parking and Loading).
96. Planned Development – Minor Modification. Minor modifications to an approved Planned Development
development plan, as set forth in Chapter XX (Planned Development [PD] Overlay Zone).
7. Residential Parking in the C-D Zone. Up to a 10 percent or one space reduction in parking spaces
(whichever is greater), as set forth in Chapter XX (Parking and Loading).
108. Screening Requirements for Mechanical and Electrical Equipment. As set forth in Section 17.XX.XXX
(Screening of Mechanical and Electrical Equipment).
11. Screening Requirements for Outdoor Sales and Storage. As set forth in Section 17.XX.XXX (Screening
of Outdoor Sales and Storage).
12.9. Setback Reductions in Previously Subdivided Areas. As set forth in Section (current
17.16.020.E.2.d – get new citation).
130. Other?.E. Reasonable Accommodations, as set forth in Chapter XX (Reasonable Accommodations).
17.xx.xxx Application Filing, Processing, and Review
A. Application Filing. An application for a Director’s Action shall be filed and processed in compliance with Chapter
17.XX (Permit Application Filing and Processing). The application shall include the information and materials
specified in the Department handout for Director’s Action applications, together with the required fee. It is the
responsibility of the applicant to provide evidence in support of the findings required by Section 17.xx.xxx (Findings
and Decision).
B. Application Review. Each application for a Director’s Action shall be reviewed to ensure that the application is
consistent with the purpose of this Chapter and applicable development standards and regulations of these Zoning
Regulations, and any adopted design guidelines and policies that may apply.
1. A Director’s Action is initiated when the Department receives a complete application package, including the
required information and materials specified in the Department handout and any additional information
required to conduct a thorough review of the proposed project or request.
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2. Upon receipt of a complete application, the Director shall review the location, design, configuration, and the
effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application
materials to applicable standards in these Zoning Regulations and determining whether the findings required
in Section 17.XXX.XXX (Findings and Decision), below, can be made.
3. Within 30 days after the Director’s Action application has been deemed complete, the Director shall either
approve or deny the application and, if approved, may impose conditions deemed reasonable and necessary
to protect the public health, safety, and general welfare and ensure compliance with this Chapter and all
applicable City regulations and policies.
C. On-Site Inspection. An application for a Director’s Action may require that the Director perform an on-site
inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and
provisions identified in this Chapter.
D. Public Notice and Appeal Provisions
1. Method of Notification. Upon receipt of a completed application for any permit, modification, or other
proposal requiring Director’s Action, the Director shall provide public notice of the application and the
Director’s intent to take action on the application in the following manner:
a. Posting. A notice shall be posted on the subject site of the application identifying the proposed
application, the action of the Director to be taken, the date on which the action will be taken, and the
phone number, street address, and email or website address of the City department where an interested
person could call or visit to obtain additional information.
b. Legal Advertisement. An advertisement shall be posted in a newspaper of general circulation at least
10 days prior to the Director taking action.
2. Appeals. The Director’s decision may be appealed in compliance with Chapter XX.XX (Appeals).
17.xx.xxx Required Findings
A Required Findings. The Director may approve a Director’s Action application only after first making all of the
following findings. The proposed interpretation, determination, or modification to standards:
1. Is consistent with the intent of these Zoning Regulations and applicable General Plan policies;
2. Is consistent with or an improvement to the character of the neighborhood or district; and
3. Provides adequate consideration of and mitigation for any potential adverse effects on surrounding properties
such as, but not limited to, traffic, vehicular and pedestrian safety, noise, and lighting.
With regard to cases of granting exceptions to the strict application of development standards pursuant to Section
17.XX.XXX(G), above, the following additional finding shall be made:
4. While site characteristics or existing improvements make strict adherence to the Zoning Regulations
impractical or infeasible, the project nonetheless conforms with the intent of these Regulations;
B. Failure to Make Findings. The Director shall deny the application if any one or more of the required findings
cannot be made.
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17.xx.xxx Conditions of Approval
In approving a Director’s Action application, the Director may impose conditions deemed reasonable and necessary to
ensure that the approval would be in compliance with the findings required by Section 17.xx.xxx (Required Findings).
CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSIONMINOR USE PERMITS
AND CONDITIONAL USE PERMITS
17.xx.xxx Purpose and Intent
The purpose of this Section is to provide two distinct procedures for reviewing land uses that may be appropriate in the
applicable zone, but whose effects on a site and its surroundings cannot be determined without discretionary review
and consideration of the site context. It is intended that Uuse permits allow flexibility in providing for, regulating, or
preventing particular various uses, so they will be compatible with existing or desired conditions in their neighborhoods
or districts. Use permit approval is required for certain uses so that their detrimental effects can be reduced or avoided
and potential conflicts in land use can be prevented.
Where the term Use Permit is used in this Chapter, it shall mean and encompass Minor Use Permit and Conditional
Use Permit. This is necessary because of the wide variety of uses that are allowed within zone districts and because
of the variety of existing sites and uses found in the community. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982:
prior code § 9204.2(A))
17.xx.xxx Application Requirements
An application for a Minor Use Permit or Conditional Use Permit shall be filed and processed in compliance with Chapter
17.XX (Permit Application Filing and Processing). The application shall include the information and materials specified
in the Department handout for Minor Use Permit or Conditional Use Permit applications, as applicable, together with
the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by
Section17.xx.xxx (Required Findings).
17.xx.xxx Procedure – Administrative Minor Use Permit
(MIG note: excludes text on PC use Permits – see section below- section C is the same for both)
A. AdministrativeHearing, Decision, and Referral.
1. Before acting on any Minor Uuse Ppermit application, the Ddirector shall hold a hearing at which information
and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given
in compliance with Chapter 17.XX (Public Notices and Hearings). by posting the property and by publishing
an advertisement in a newspaper of general circulation at least five days before the hearing.
2. Decisions of the Ddirector shall be rendered in writing within ten 10 days of the final hearing at which action
is taken. The decisiony shall state the conditions of approval, if any, or the reasons for denial. The Ddirector’s
decision shall be final unless appealed.
3. At his or her discretion, the Ddirector may refer a Minorn administrative Uuse Ppermit to the Pplanning
Ccommission , pursuant to the requirements in subsection B of this section, when he/she determines the
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application involves a major policy issue or public controversy that would be resolved more suitably by the
Planning Ccommission.
B. C. Expiration of Uuse Ppermit.
1. When a use, that was allowed by approval of a Minor Uuse Ppermit, ceases operation for one year or such
other time period as specified in the conditions of approval, then reinstatement of that use will be allowed only
with approval only with approval of a new Minor Uuse Ppermit.
2. The community development Ddirector may extend the one-year limit stated in BC.1, above, upon receipt of
a written request, upon finding that circumstances have not changed significantly since the time the use
ceased operation. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(c))
17.XX.XXXX Procedure – Conditional Use Permit
(MIG note: excludes text on Admin Permits – see above – section C is the same for both)
A. Condi Use Permits.Hearing and Decision.
1. Before acting on any use permit application, the Pplanning \Ccommission shall hold a public hearing
conducted according to its bylaws. Notice of the time, date, place, and purpose of the hearing shall be given
in compliance with Chapter 17.XX (Public Notices and Hearings). Notice of the time, place and purpose of
the hearing shall be given by posting the property and publishing an advertisement in a newspaper of general
circulation at least ten days before the hearing.
2. Decisions of the Pplanning Ccommission shall be rendered in writing within 10 ten days of the final hearing at
which action is taken. The decisiony shall state the conditions of approval, if any, or the reasons for denial.
The Pplanning Ccommission’s decision shall be final unless appealed.
3. When a Conditional Uuse Ppermit or variance is before the Pplanning Ccommission, the Planning
Ccommission may act to impose additional or relax any property development standards capable of being so
altered under relevant sections of these regulations (see Chapters 17.XX16 and 17.XX60). The intent of this
provision is to enable the Planning Ccommission to deal with various aspects of project design in a
comprehensive way, without postponement of action on a project for separate hearings. Conditional Use
Ppermit and variance findings and procedures shall apply as provided in relevant sections of these
regulations.
Public notice for use permit and variance applications, in order to fulfill the intent of this section, shall be sufficiently
general so the public will be aware of the type of project proposed and the types of actions the commission
may take, without further notice, to approve or conditionally approve the project.
Likewise, on appeal, the Ccouncil may act to alter property development standards by variance or use permit
if a variance or use permit application is under consideration.
BC. Expiration of a Conditional Uuse Ppermit.
1. When a use, that was allowed by approval of a Conditional Uuse Ppermit, ceases operation for one year or
such other time period as specified in the conditions of approval, then reinstatement of that use will be allowed
only with approval only with approval of a new Conditional Uuse Ppermit.
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2. The community development Ddirector may extend the one-year limit stated in BC.1, above, upon receipt of
a written request, upon finding that circumstances have not changed significantly since the time the use
ceased operation. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(c))
17.XX.XXX Conditions of Approval
A. Conditions Allowed. Conditions imposed by the Ddirector, Pplanning Ccommission, or council may include, but
are not limited to, the following:
1A. Modification or limitation to activities, including times and types of operations;
2B. Special yards or open spaces;
3C. Fences, walls or landscape screens;
4D. Provision and arrangement of parking and vehicular and pedestrian circulation;
5E. On-site or off-site street, sidewalk or utility improvements and maintenance agreements;
6F. Noise generation and attenuation;
7G. Dedication of right-of-way or easements or access rights;
8H. Arrangement of buildings and use areas on the site;
9I. Special hazard reduction measures, such as slope planting;
10J. Minimum site area;
11K. Other conditions which may be found necessary to address unusual site conditions;
12L. Establishment of an expiration date, after which the use must cease at that site;
13M. Recycling and solid waste plans.;
B. Limitation. N. Conditions may not be imposed that restrict the use to a specific person or group. (Ord. 1528 § 3
Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(E))
17.xx.xxx Criteria for Approval
In deciding whether a proposal is acceptable at a given location, the Ddirector, Pplanning Ccommission, and Ccouncil
shall consider whether the proposal could be established and maintained without jeopardy to persons or property within
or adjacent to the proposed site and without damage to the resources of the site and its surroundings. Appropriate
criteria may be found in the following sources, without limitation:
A. General Pplan elements (such as land use, circulation, housing, noise, seismic safety, public safety, open space
and conservation);
B. Specific Pplans and special dutiesstudies; and
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C. Standards and recommendations of agencies commenting on environmental documents for the proposal or for
similar projects. (Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code
§ 9204.2(F))
17.xx.xxx Required Findings
In order to grant a Minor Uuse Ppermit or Conditional Use Permit, the Ddirector or Pplanning Ccommission, or on
appeal, the Ccouncil, shall be required to make the following findings:
1. The proposed use is consistent with the General Plan and any applicable Specific Plan;
2. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of
these Zoning Regulations and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the
existing and future land uses in the vicinity;
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed use;
b. The provision of public and emergency vehicle (e.g., fire and medical) access;
c. Public protection services (e.g., fire protection, police protection, etc.); and
d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage,
wastewater collection, treatment, and disposal, etc.).
5. The type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute
a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or
injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is
located.
must find that the proposed use will not be detrimental to the health, safety or welfare of persons working or living at
the site or within the vicinity. The Ddirector, Pplanning Ccommission, or Ccouncil may deny the proposal or attach
conditions as deemed necessary to secure the purposes of these regulations. Actions on Minor Use Permits and
Conditional Uuse Ppermits shall be justified by written findings, based on substantial evidence in view of the whole
record. (Ord. 1265 § 2 Ex. A, 1994; Ord. 1124 § 4 Ex. A (part), 1988; Ord. 941 § 1 (part), 1982: prior code § 9204.2(D))
17.xx.xxx Requirement for and Compliance with Use Permits
A. When more than one Uuse Ppermit, including more than one type of Uuse Ppermit, is required by individual
sections of these regulations, only one Uuse Ppermit application need be filed and acted upon. If both a Minor Use
Permit and a Conditional n administrative Uuse Ppermit or permits would simultaneously be required by separate
sections, one Conditional Use planning commission use Ppermit shall be processed to cover all requirements. If
an Minor administrative Uuse Ppermit for site development exceptions and/or requests for shared and mixed use
parking reductions, and review by the Aarchitectural Rreview Committee commission are required, then only the
Minor Use Permit application architectural review application need be filed. Use permit applications for land uses
pursuant to Table 9, Chapter 17.22, may not be reviewed in conjunction with architectural review and require filing
of a separate application and payment of fees.
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B. The modification or addition to a use requiring Uuse Ppermit approval shall itself be subject to Uuse Ppermit
approval. The addition of an allowed use to a premises occupied by a conditionally allowed use shall require Uuse
Ppermit approval of the type required for the existing use. The Ddirector shall determine when such an addition or
change is of such a minor or incidental nature that the intent of these regulations can be met without further Uuse
Ppermit control.
C. Any conditions established pursuant to these regulations shall be met before the use is established, except that
the Ddirector, Pplanning Ccommission or, on appeal, the Ccouncil, may establish a schedule for certain conditions
to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the
schedule for meeting deferred conditions.
D. If a structure or associated site development authorized by Uuse Ppermit hais not been issued building permits
within three years of the date of approval, the Uuse Ppermit shall expire. Upon written request received prior to
expiration, the Ddirector may grant renewals of Uuse Ppermit approval for successive periods of not more than
one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals may be approved
with new or modified conditions upon a finding that the circumstances under which the Uuse Ppermit was originally
approved have substantially changed. Renewal of a Uuse pPermit shall not require public notice or hearing, unless
the renewal is subject to new or modified conditions. In order to approve a renewal, the Ddirector must make the
findings required for initial approval. (Ord. 1553 § 22, 2010: Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1265 § 2 Ex. A,
1994; Ord. 941 § 1 (part), 1982: prior code § 9204.2(G))
17.xx.xxx
Modification of Use Permit
New
Permit to Run with the Land
A Minor Use Permit or Conditional Use Permit approved in compliance with the provisions of this Chapter shall run with
the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that
was the subject of the permit application in the same area, configuration, and manner as it was originally approved in
compliance with this Chapter.
CHAPTER XX: PLANNED DEVELOPMENT PERMITS
17.xx.xxx52.030 – Preliminary Development Plan Required
An aApplication for planned development shall be made to the Ccommunity Ddevelopment Ddepartment and shall
consist of a preliminary development plan, to include:
A. A legal description of the total site involved;
B. A statement of the objectives to be achieved by the planned development through the particular approach to be
used by the applicant;
C. A schedule indicating the approximate dates when construction of the development or stages of the development
are to be started and completed;
D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural
open space, grading, residential densities, and areas devoted to nonresidential uses;
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E. Identification of portions of the development which would otherwise require a Vvariance, and reason for the
deviation from normal standards;
F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable:
1. Existing site conditions, including contours, vegetation and water courses;
2. Proposed lot designs;
3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be
located;
4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semipublic
uses;
5. Existing and proposed circulation system of arterial, collector and local streets; off-street parking, loading, and
emergency access areas; points of access to public rights-of-way; proposed ownership of circulation routes;
6. Existing and proposed sidewalks and paths;
7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, g as and
telephone;
8. A general landscape plan; and
9. A general grading plan.;
G. Information on land area adjacent to the proposed development, indicating important relationships between the
proposal and surrounding land uses, circulation systems, public facilities and natural features; and
H. Any additional information which may be required by the Ddirector to evaluate the character and impact of the
planned development. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.4(A)
17.xx.xxx52.030 – Mandatory Project Features
The Planning Commission may recommend and the City Council review authority may recommend or approve a
rezoning to apply the PD overlay zoneing district only for a project that incorporates a minimum of two of the following
four features:.
A1. A minimum of twenty-five25 percent of the residential units within the project are affordable to households of very
low, low or moderate income (sSee Municipal Code Chapter 17.90 for incentives provided for affordable housing
development, including density bonuses and possible fee waivers);
B2. The project will achieve greater energy efficiency than standard developments through the incorporation of green
building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving a
minimum of thirty 30 percent greater energy efficiency than the minimum required by California Code of
Regulations Title 24;
C3. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half
acre; or
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D4. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a
similar improved open space feature, including provisions for guaranteed long-term maintenance not at the
expense of the Ccity.
17.xx.xxx Process for Approval
A. Planning Commission Recommendation. After giving notice as provided in Section 17.xxx.xxx (Public Hearings
and Notice), the Pplanning Ccommission shall hold a public hearing on the application. The Pplanning
Ccommission may recommend approvale, approvale subject to certain modifications, or denial ofy the application.
The decision of the Pplanning Ccommission shall be in the form of a recommendation to the Ccouncil and shall
be rendered in writing, stating all modifications or conditions to be reflected in final development plan. (Ord. 941 §
1 (part), 1982: prior code § 9204.4(B))
17.62.030 B. Actions of the Ccouncil.
After giving notice as provided in Section 17.xxx.xxx (Public Hearings and Notice)17.70.030, the Ccouncil shall hold a
public hearing on the application and the recommendations of the Pplanning Ccommission. The Ccouncil may
approve, approve subject to certain modifications, or deny the proposal. The decision of the Ccouncil shall be
rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves
or conditionally approves the preliminary development plan, the Ccouncil shall approve the rezoning and the official
zone map shall be amended to indicate approval of the planned development. (Ord. 941 § 1 (part), 1982: prior
code § 9204.4(C))
17.62.040 Required findings.
Repealed by Ord. 1438. (Ord. 1129 § 1 (part), 1988: Ord. 1087 § 1 Ex. A(2), 1987; Ord. 941 § 1 (part), 1982: prior code
§ 9204.4(D))
C. 17.62.045 Decision and Ffindings.
Following a public hearing, the Planning Commission may recommend, and the Ccouncil may approve or disapprove,
a rezoning to apply the PD overlay zoning district in compliance with this section.
B. Required Findings for Approval. The Council review authority may approve a rezoning to apply the PD overlay
zoning district only after first making all of the following findings:
1. The project is consistent with the Ggeneral Pplan and any applicable specific plan;,
2. Tand the proposed land use is allowed within the applicable primary zoning district;
32. The project complies with all applicable provisions of these Zzoning Rregulations other than those modified
by the PD rezoning;
43. The approved modifications to the development standards of these Zzoning Rregulations are necessary and
appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land
uses, and its successful mitigation of environmental impacts;
54. The project complies with all applicable Ccity design guidelines;
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65. All affected public facilities, services, and utilities are adequate to serve the proposed project;
76. The location, size, site planning, building design features, and operating characteristics of the project are
highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the
character of the site, and the land uses and development intended for the surrounding neighborhood by the
Ggeneral Pplan;
87. The site is adequate for the project in terms of size, configuration, topography, and other applicable features;,
9. The site and has appropriate access to public streets with adequate capacity to accommodate the quantity
and type of traffic expected to be generated by the use; and
108. The establishment, maintenance, or operation of the proposed project will not, in the circumstances
of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working
in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the city. (Ord. 1528* § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part),
2007; Ord. 1438 § 4 (part), 2003)
*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.060, using the numbering of
this section that existed prior to the amendments of Ordinance 1438.
17.xx.xxx52.050 – Final Development Plan
A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the
Ccommunity Ddevelopment Ddepartment a final development plan. At his/her discretion and for good cause, the
Ddirector may extend the time for filing the final development plan for a period or periods not exceeding a total of
three years.
B. The final development plan shall include those items from Section 17.62.010 xx.xxx (Preliminary Ddevelopment
Pplan) which describe the proposal, including division of land, type and location of all buildings and improvements,
and so on, but it need not include information on existing conditions.
C. The Ddirector shall review and take action on the final development plan within thirty 30 days of filing. He/ or she
shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved
or modified by the Ccouncil. Upon approval of the final development plan, the Ddirector shall add the number of
the planned development to the official zone map (for example, PD [(9999])). Subsequently, all grading,
construction, and landscaping shall comply with the approved final development plan.
D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and
so on, that would normally be submitted in the course of development, and need not be a separate submittal. The
Ddirector shall determine the extent to which any additional documentation of development plans is required.
E. No land division may be undertaken and no construction begun within an area zoned PD until a final development
plan has been approved. (Ord. 1528* § 3 Ex. A (part), 2009: Ord. 941 § 1 (part), 1982: prior code § 9204.4(E))
*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.070, using the numbering of this section
that existed prior to the amendments of Ordinance 1438.
(Ord. 1528* § 3 Ex. A (part), 2009; Ord. 941 § 1 (part), 1982: prior code § 9204.4(F))
17.xx.xxx 52.070 – Amendment to Final Development Plan
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A. Minor differences between the approved development plan and construction plans may be allowed by the
Ddirector.
B. Written requests for amendments to a final development plan may be approved by the Pplanning Ccommission
after a public hearing, notice of which has been given as provided in Section 17.xx.xxx (Public Hearings and
Noticing)70.030. Amendments shall be limited to changes in the size and position of buildings; the number, area
or configuration of lots; landscape treatment; phasing, and the like.
C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses
and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a
new preliminary development plan.
D. Amendments to large office PD ordinances approved by the Ccouncil prior to June 2003 may be approved under
subsection B of this section to allow changes in proposed use as long as those uses are determined by the
Pplanning Ccommission to be consistent with the Ggeneral Pplan.
E. These procedures apply whether or not all or part of the development has been built. (Ord. 1438 § 4 (part), 2003;
Ord. 941 § 1 (part), 1982: prior code § 9204.4(H))
17.xx.xxx 52.080 – Revocation of PD Zoning
If a final development plan is not carried out in the time specified in the development plan or within an approved
extension period, the Pplanning Ccommission and Ccouncil may remove the PD designation according to the usual
procedure for Ccity-initiated rezoning. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(1))
CHAPTER XX: REASONABLE ACCOMMODATION
17.xx.xxx Purpose and Intent
The Rreasonable Aaccommodation provisions allow for flexibility in the application of regulations and procedures to
ensure equal access to housing. The provisions set forth in this Cchapter provide a procedure under which a disabled
person may request a reasonable accommodation in the application of zoning requirements. This Cchapter is based
on requirements of the Ffederal and Sstate fair housing laws and is designed to eliminate barriers to housing
opportunities. (Ord. 1602 § 3 (part), 2014)
Requests for Reasonable Accommodation
A. Request. A request for Rreasonable Aaccommodation in the application of land use and zoning regulations may
be made by a disabled person, his or her representative, or a developer or provider of housing for individuals with
disabilities. A request for Rreasonable Aaccommodation may include a modification or exception to the siting,
development, and use of housing or housing related facilities that would eliminate regulatory barriers. A
Rreasonable Aaccommodation cannot waive a requirement for a Minor Use Permit or Cconditional Uuse Ppermit
when otherwise required or result in approval of uses otherwise prohibited by the Ccity’s land use and zoning
regulations.
B. Assistance. If an applicant needs assistance in making the request, the Pplanning Ddivision will endeavor to
provide the assistance necessary to ensure that the process is available to the applicant.
C. Balancing Rights and Requirements. The Ccity will attempt to balance (1) the privacy rights and reasonable
request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual
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findings, and rights to appeal, in the Ccity’s request for information, considering an application, preparing written
findings, and maintaining records for a request for reasonable accommodation. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Application Requirements
Whenever a request for Rreasonable Aaccommodation is submitted for consideration, as a part of said the application,
sufficient information shall be submitted to the Ccommunity Ddevelopment Ddepartment to determine whether the
Rreasonable Aaccommodation request complies with the provisions of this Cchapter. In addition to the required
Director’s Action administrative approval application checklist items, the application shall include the following:
A. The basis for the claim that the individual is considered disabled under the fair housing laws. Identification and
description of the disability which is the basis for the request for accommodation, including current, written medical
certification, and description of disability and its effects on the person’s medical, physical, or mental limitations.
B. The rule, policy, practice, and/or procedure of the Ccity for which the request for accommodation is being made,
including the zoning code regulation from which reasonable accommodation is being requested.
C. Type of accommodation sought.
D. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s).
Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need
for the accommodation. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Review AuthorityProcess for Approval
17.61.030 Review authority.
A. Director’s ActionCommunity Development Director. Requests for Rreasonable Aaccommodation shall be
reviewed by the community development Ddirector, if no approval is sought other than the request for Rreasonable
Aaccommodation. The community development Ddirector may refer the matter to any advisory commission or
committee, as appropriate.
B. Other Review Authority. Requests for Rreasonable Aaccommodation submitted for concurrent review with
another discretionary land use application shall be reviewed by the authority responsible for reviewing the other
application. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Conditions of Approval
Conditions imposed by the review authorityDirector or other review authority may include, but are not limited to, the
following:
A. Inspection of the property periodically, as specified, to verify compliance with this Cchapter and any conditions of
approval.
B. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the
need for which the accommodation was granted no longer exists.
C. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
D. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer
exists.
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E. Measures to reduce the impact on surrounding uses.
F. Measures in consideration of the physical attributes of the property and structures.
G. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an
encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio
requirements specified for the zone district.
H. Other conditions necessary to protect the public health, safety, and welfare. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Required Findings
The approval of a Rreasonable Aaccommodation shall require that the Director or other review authority first find that:
A. The housing will be used by a disabled person;
B. The requested accommodation is necessary to make housing available to a disabled person;
C. The requested accommodation would not pose an undue financial or administrative burden on the Ccity; and
D. The requested accommodation would not require a fundamental alteration in the nature of a Ccity program or law,
including but not limited to land use and zoning. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Occupancy Requirement
17.61.070 Performance standard.
A. Occupancy. A modification approved under this Cchapter is considered a personal accommodation for the individual
applicant and does not run with the land. (Ord. 1602 § 3 (part), 2014)
17.xx.xxx Appeals
The Dcommunity development director shall administer and interpret these requirements, subject to the applicable
codes and Ccity procedures. Decisions of the Ddirector or other review authority are appealable subject to the Zzoning
Rregulations appeal provisions (Chapter 17.66). (Ord. 1602 § 3 (part), 2014)
CHAPTER XX: VARIANCES
17.xx.xxx Purpose and Applicability
A. Purpose. The Vvariance procedure is intended to allow minor relaxation by the director of certain standards by
the Director that would otherwise prevent a property from being used in the same manner as other, similar property,
where the intent of these regulations is not compromised by such minor relaxation. (Ord. 941 § 1 (part), 1982: prior
code § 9204.3(A))
17.60.020 Scope.
B. Applicability. Yards, height limits, lot coverage, and parking space requirements may be relaxed. No Vvariance
to use regulations or density standards may be granted. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(B))
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17.xx.xxx Procedure
A. Application shall be in the form prescribed by the Ddirector, shall state the precise nature of the grounds for the
Vvariance sought, and shall be accompanied by any required fees, and shall generally follow the form
established for use permits.
B. Notification requirements and actions of the Ddirector shall be as provided for Minor administrative Uuse Ppermits
in Section 17.58.030(A). (See also Section 17.58.030(B)(3)). (Ord. 941 § 1 (part), 1982: prior code § 9204.3(C))
17.xx.xxx Burden of Proof
It shall be the responsibility of the applicant to provide evidence in support of the findings required in Section 17.xx.xxx
(Required Findings).
17.xx.xxx Required Findings
In order to approve a Vvariance, the Ddirector or, on appeal,, the Pplanning Ccommission or Ccouncil must make each
of the following findings:
A. That there are circumstances applying to the site, such as size, shape, or topography, which do not apply generally
to land in the vicinity with the same zoning;
B. That the Variance will not be in conflict with the purpose and intent of these Zoning Regulations, the General Plan,
or any applicable specific plan;
CB. That the Vvariance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations
upon other properties in the vicinity with the same zoning; and
DC. That the Vvariance will not adversely affect the health, safety, or general welfare of persons residing or
working on the site or in the vicinity. (Ord. 941 § 1 (part), 1982: prior code § 9204.3(D))
17.xx.xxx Expiration
If building permits are not issued for site development authorized by a Vvariance within three years of the date of
approval or such longer time as may be stipulated as a condition of approval, the Vvariance shall expire. Upon written
request received prior to expiration, the Ddirector may grant renewals of a Vvariance approval for successive periods
of not more than one year each. Approvals of such renewals shall be in writing and for a specific period. Renewals
may be approved with new or modified conditions upon a finding that the circumstances under which the Vvariance
was originally approved have substantially changed. Renewal of a Vvariance shall not require public notice or hearing,
unless the renewal is subject to new or modified conditions. In order to approve a renewal, the Ddirector must make
the findings required for initial approval. (Ord. 1553 § 23, 2010: Ord. 1006 § 1 (part), 1984: prior code § 9204.3(E))
Modification of Use Permit
New
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ARTICLE 7: ADMINISTRATION OF ZONING REGULATIONS
CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY
17.xx.xxx Purpose
The purpose of this Chapter is to describe the authority and responsibilities of the Director, Planning Commission,
Architectural Review Committee, and Council in the administration of these Zoning Regulations.
17.xx.xxx Community Development Director
A. Appointment. The Community Development Department Director, referred to in these Zoning Regulations as
the Director, shall be appointed by the City Manager.
B. Definition of the Term "Director." When used in these Zoning Regulations or any permit or condition approved
in compliance with these Zoning Regulations, the term "Director" shall be as defined in Chapter 8 (Definitions) and
shall include designee(s) of the Director.
C. Duties and Authority. The Director shall:
1. Have the responsibility to perform all of the functions designated by State law, including, but not limited to the
following:
a. Annual report related to implementation of the General Plan in compliance with Government Code
Section 65400;
b. Review of public works projects for conformity to the General Plan in compliance with Government Code
Section 65401; and
c. Review of acquisition of property for conformity to the General Plan in compliance with Government Code
Section 65402.
2. Perform the duties and functions prescribed in these Zoning Regulations, including the review of
administrative development projects, in compliance with Table 6-1 (Review Authority), Government Code
Section 65901 et seq., and the California Environmental Quality Act (CEQA);
3. Perform other responsibilities assigned by the Council or City Manager;
4. Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and
5. Serve in an advisory capacity for proposed subdivisions, in compliance with Subdivision Map Act Section
66415 et seq. In this capacity, the Director is charged with the responsibility of making investigations and
reports on the design and improvement of proposed divisions of real property.
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2
17.xx.xxx Planning Commission
New
The Planning Commission shall have the duties and authority as established in Chapter 2.12 (Planning Commission)
of the Municipal Code.
17.xx.xxx Architectural Review Commissionssion
The Architectural Review Commission shall have the duties and authority as established in Chapter 2.48 (Architectural
Review Commission) of the Municipal Code.
Cross reference to Chapter 2.48
17.xx.xxx City Council
The City Council, referred to in these Zoning Regulations as the Council, in matters related to the City's planning
process shall perform the duties and functions prescribed in the Municipal Code and these Zoning Regulations, which
include the following:
A. Review Authority on Specified Planning Matters. Final decisions on Development Agreements, Zoning
Regulation amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments,
environmental documents related to any of the forgoing, and other applicable policy or regulatory matters related
to the City's planning process as specified in the City Charter, the Municipal Code, and these Zoning Regulations;
B. Appeals. The review of appeals filed from Planning Commission decisions; and
C. Compliance. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority) and
the California Environmental Quality Act (CEQA).
CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP
17.xx.xxx Scope
An amendment to these Zoning Rregulations which changes any property from one zone to another shall be adopted
as set forth in Sections 17.70.020 through 17.70.060. Any other amendment to these Zoning Rregulations may be
adopted as other ordinances and amendments to the Mmunicipal Ccode are adopted. (Ord. 941 § 1 (part), 1982: prior
code § 9204.7(A))
17.xx.xxx Authority to Initiate an Amendment
An amendment to these regulations may be initiated by:
A. A resolution of intention of the Pplanning Ccommission;
B. A resolution of intention of the city Ccouncil;
C. An application by the Ddirector, or any other person or agency in the form prescribed by the Ddirector. (Ord.
1606 § 8, 2014: Ord. 1591 § 26, 2013: Ord. 941 § 1 (part), 1982: prior code § 9204.7(B))
17.xx.xxx Processing, Notice, and Hearings
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A. 17.70.030 Planning Ccommission Aaction.
1. A. Before taking any action on a proposed zone change, the Pplanning Ccommission shall hold a public
hearing. Notice of the time, date, place, and purpose of the hearing shall be given in each of the following
ways at least 10ten calendar days before the hearing:
a. 1. Publication in a newspaper of general circulation within the Ccity;
b. 2. Posting each street frontage of the property to be rezoned, or the nearest street access if the property
does not abut a dedicated street; and
c3. First-class mail to owners of the property to be rezoned and of property within a radius of three
hundred300 feet, as listed in the most recent annual revision of the Ccounty Aassessor’s roll.
2B. Failure to post or notify by mail shall not invalidate any amendments duly adopted.
3C. If the Pplanning Ccommission approves a rezoning or denies a Ccouncil-initiated rezoning, its action shall be
a written recommendation to the Ccouncil, including any findings required for approval.
4D. If the Pplanning Ccommission denies a rezoning which it or a private party has initiated, the action shall be
final unless appealed. It shall be rendered in writing and shall state the reasons for denial. (Ord. 941 § 1 (part),
1982: prior code § 9204.7(C))
B. 17.70.040 Council Aaction.
Before taking action on a recommendation of the Pplanning Ccommission, the Ccouncil shall hold a public hearing for
which notice shall be given as provided in Section 17.70.030. (Ord. 941 § 1 (part), 1982: prior code § 9204.7(D))
CHAPTER XX: APPEALS
17.xx.xxx Standing to Appeal
Any person may appeal a decision of any official body, except that administrative decisions requiring no discretionary
judgment, as provided in Chapter 1.20 of the Municipal Code, may not be appealed. (Ord. 941 § 1 (part), 1982: prior
code § 9204.8(A))
17.xx.xxx Time to File Appeal
Appeals must be filed within ten 10 calendar days of the rendering of a decision which is being appealed. If the tenth
day is a Saturday, Sunday, or holiday, the appeal period shall extend to the next business day. (Ord. 941 § 1 (part),
1982: prior code § 9204.8(B))
17.xx.xxx Content of Appeal Filing
The appeal shall concern a specific action and shall state the grounds for appeal. Applicable fees for the appeal shall
be paid as established by Council resolution. (Ord. 941 § 1 (part), 1982: prior code § 9204.8(D))
17.xx.xxx Course of Appeals
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A. Decisions of the Ddirector shall be appealed to the Pplanning Ccommission. Such appeals shall be filed with the
director.
B. Decisions of the Pplanning Ccommission shall be appealed to the Ccouncil. Such appeals shall be filed with the
Ccity Cclerk. (Ord. 941 § 1 (part), 1982: prior code § 9204.8(C))
C. The Director or City Clerk, as applicable, shall have the authority to combine multiple appeal filings for a single
public hearing.
17.xx.xxx Hearings and Notice
A. Action on appeals shall be considered at the same type of hearing and after the same notice that is required for
the original decision.
B. Once an appeal has been filed, it shall be scheduled for the earliest available meeting, considering public notice
requirements, unless the appellant agrees to a later date. (Ord. 941 § 1 (part), 1982: prior code § 9204.8(E))
CHAPTER XX: DEVELOPMENT AGREEMENTS
17.xx.xxx Purpose and Scope
Development Aagreements specify the rights and responsibilities of the Ccity and developers. Used in conjunction with
subdivision approval, annexation, rezoning, or architectural approval, Ddevelopment Aagreements establish the terms
and conditions under which development projects may proceed. Development Aagreements are best used for large,
complex, or phased projects which require extended construction time and which involve numerous public
improvements such as streets, utilities, flood improvements, schools, parks and open space, and other improvements
of community-wide benefit. Under a Ddevelopment Aagreement, projects may proceed under the rules, standards,
policies, and regulations in effect at the time of original project approval. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Authority
This Cchapter establishes procedures and requirements for Ddevelopment Aagreements for the purposes specified in
and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Sections 65864 et seq. The Pplanning
Ccommission may recommend and the Ccity council may enter into a Ddevelopment Aagreement for the development
of real property with any person having a legal or equitable interest in such property, as provided in this Cchapter. At
its sole discretion, the Ccouncil may, but is not required to, approve a Ddevelopment Aagreement where a clear public
benefit or public purpose can be demonstrated. (Ord. 1553 § 25, 2010: Ord. 1134 § 1 (part), 1989)
17.xx.xxx Initiation of Hearings
Hearings on a Ddevelopment Aagreement may be initiated: (A) upon the filing of an application as provided below; or
(B) by the Ccouncil by a simple majority vote. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Applications—Legal Interest
Any person having a legal or equitable interest in real property or such other interest as specified in Section
17.94.070(A)(3)(b) may apply for a Ddevelopment Aagreement, except that a person may not file, and the Ddirector
shall not accept, an application which is the same as, or substantially the same as, an application which was denied
within the previous year, unless the application is initiated by the Ccouncil. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Fees
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The Ccouncil shall establish, and from time to time may amend, a schedule of fees to cover the Ccity’s costs of
processing applications for development agreements. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Preapplication Review
Before submitting an application and support materials, applicants shall discuss the proposal with the Dcommunity
development director. At such review, the applicant should present a preliminary site plan and show basic features of
the proposed project, including its public purposes and/or benefits. For large or complex projects, the applicant may
request Ccouncil review of the preliminary concept. Such a review shall be at the Ccouncil’s sole discretion , and would
allow the Ccouncil to review and comment on a proposal early in the review process. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Application—Contents
A. A Ddevelopment Aagreement application shall include the following information:
1. A planning application and processing fee;
2. The names and addresses of the applicant and of all persons having a legal or equitable interest in all or a
part of the property proposed to be used;
3. Evidence that the applicant:
a. Has a legal or equitable interest in the property involved, or
b. Has written permission from a person having a legal or equitable interest to make such application;
4. Location of the subject property by address and vicinity map;
5. Legal description of the property, including a statement of total area involved;
6. A plan showing the location of all property included in the request for action, existing and proposed land uses,
property lines and dimensions, topography, significant natural features, setbacks, the location of all highways,
streets, alleys and the location and dimensions of all lots or parcels of land within a distance of three
hundred300 feet from the exterior boundaries of the property described in the application;
7. Mailing list including addresses of all tenants occupying the subject property and properties within 300 three
hundred feet from the subject property boundaries; and a mailing list of owners of adjacent properties within
300 three hundred feet from the subject property boundaries, as shown on the Ccounty Aassessor’s latest
available assessment roll;
8. The proposed development agreement, together with all explanatory text, plans, maps, drawings, pictures
and other information as may be required to evaluate such proposal, and as further described in Section
17.94.130; and
9. Such other information as the Ddirector may require.
B. The Ddirector may waive the filing of one or more of the above items where the required information is filed with
an application for a rezoning, use permit, variance, subdivision approval, or other development entitlement to be
considered concurrently with the Ddevelopment Aagreement.
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1. The Ddirector may reject any application that does not supply the required information, or may reject
incomplete applications.
2. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. (Ord.
1134 § 1 (part), 1989)
17.xx.xxx Public Notice
A. Director Responsibilities Action. When the Ddirector certifies that the application is complete, the item shall be
scheduled for Planning Ccommission hearing,; and the Ddirector shall give notice of the public hearing, as provided
below.
B. Manner of Giving Public Notice. Public notice shall be provided in compliance with Section 17.xx.xxx (Public
Notices and Hearings), below.requirements shall be met by:
1. Mailing or delivery to the applicant and to all owners of real property within three hundred feet of the property included
in the development agreement;
2. Mailing or delivery to all tenants of property within three hundred feet of the property included in the development
agreement;
3. Mailing to any person who has filed a written request for such notice with the planning director, and
4. Publication at least once in a newspaper of general circulation published and circulated in the city. Said notice shall
be published at least ten days before the hearing date, and shall include: (a) the time and place of the public
hearing, and (b) a general explanation of the development agreement, including the property location, proposed
land uses and applicant’s name. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Failure to Receive Notice
The failure to receive notice by any person entitled thereto by law or this Cchapter does not affect the authority of the
Ccity to enter into a Ddevelopment Aagreement. (Ord. 1134 § 1 (part), 1989)
Planning Commission Hearing and Recommendation
The Planning Ccommission shall consider the proposed Ddevelopment Aagreement and shall make its
recommendation to the Ccouncil. The recommendation shall include whether or not the proposed Ddevelopment
Aagreement meets the following findings:
A. The proposed Ddevelopment Aagreement is consistent with the Ggeneral Pplan and any applicable specific plan;
B. The proposed Ddevelopment Aagreement complies with these Zzoning Regulations, the subdivision ordinance,
and other applicable ordinances and regulations;
C. The proposed Ddevelopment Aagreement promotes the general welfare, allows more comprehensive land use
planning, and provides substantial public benefits or necessary public improvements, making it in the Ccity’s
interest to enter into the Ddevelopment Aagreement with the applicant; and
D. The proposed project and Ddevelopment Aagreement:
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1. Will not adversely affect the health, safety, or welfare of persons living or working in the surrounding area;
and
2. Will be appropriate at the proposed location and will be compatible with adjacent land uses.; or
3. Will not have a significant adverse impact on the environment. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx City Council Hearing
After the recommendation of the Pplanning Ccommission, the City Clerk director shall give notice of a public hearing
before the city Ccouncil in the manner provided for in Section 17.xx.xxx (Public Notices and Hearings), below.
Section 17.94.080. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx City Council Action
A. Referral. After it completes the public hearing and considers the Planning Ccommission’s recommendation, the
Ccouncil may approve, conditionally approve, modify, or disapprove the proposed Ddevelopment aAgreement.
The Ccouncil may refer matters not previously considered by the Planning ccommission during its hearing back to
the Ccommission for review and recommendation.
B. Approval. The Ddevelopment Aagreement may be approved if the city Ccouncil makes the findings for approval
listed in Section 17.94.10017.xx.xxx, above. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Development Agreement—Contents
A. Development Aagreements shall include the following:
1. The duration of the agreement, including a specified termination date if appropriate;
2. The uses to be permitted on the property;
3. The density or intensity of use permitted;
4. The maximum height, size, and location of buildings permitted, as well as other pertinent development
standards;
5. The reservation or dedication of land for public purposes to be secured, including, but not limited to, rights-of-
way, open space preservation, and public access easements;
6. Proposed exceptions from Zzoning Rregulations or other development standard, and findings where required;
7. The time schedule established for periodic review as required by Section 17.94.200.
B. Development Aagreements may also include additional terms, conditions, and restrictions in addition to those
listed in subsection A of this section. These additional terms may include, but are not limited to:
1. Development schedules providing that construction of the proposed development as a total project or in
phases be initiated and/or completed within specified time periods;
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2. The construction of public facilities required in conjunction with such development, including but not limited to
vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control
facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;
3. Method of financing such improvements and, where applicable, reimbursement to developer or Ccity;,
4. Prohibition of one or more uses normally listed as permitted, accessory, subject to Ddirector’s Action review
or subject to a Minor Use Permit or Conditional Uuse Ppermit in the zone normally allowed by right;
5. Limitations on future development or special terms or conditions under which subsequent development
approvals not included in the agreement may occur;,
6. The requirement of a faithful performance bond where deemed necessary to and in an amount deemed
sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements
of the agreement. In lieu of a bond, the applicant may deposit with the Ccity Cclerk certificates of deposit or
other security acceptable to the finance director;,
7. Specific design criteria for the exteriors of buildings and other structures, including colors and materials,
landscaping, and signs;
8. Special yards, opens spaces, trails, staging areas, buffer areas, fences and walls, public art, landscaping, and
parking facilities, including vehicular and pedestrian ingress and egress;
9. Performance standards regulating such items as noise, vibration, smoke, dust, din, odors, gases, garbage,
heat, and the prevention of glare or direct illumination of adjacent properties;
10. Limitations on operating hours and other characteristics of operation which the Ccouncil determines could
adversely affect the reasonable use and enjoyment of surrounding properties. (Ord. 1134 § 1 (pan), 1989)
17.xx.xxx Development Agreement—Adoption by Ordinance—Execution of Contract
A. The Ddevelopment Aagreement shall be approved by the adoption of an ordinance. Upon the adoption of the
ordinance, the Ccity shall enter into the Ddevelopment Aagreement by the execution thereof by the Ccity
Manageradministrative officer.
B. No ordinance shall be finally adopted and the Ccity administrative officerManager shall not execute a
Ddevelopment Aagreement until it has been executed by the applicant and all other parties to the agreement. If
the applicant has not executed the agreement or agreement as modified by the city Ccouncil, and returned the
executed agreement to the Ccity Cclerk within 60 sixty days following Ccouncil approval, the approval shall be
deemed withdrawn, and the Ccouncil shall not finally adopt such ordinance, nor shall the Ccity Manager
administrative officer execute the agreement.
C. Such 60sixty-day time period may be extended upon approval of the Ccouncil. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Recordation of Executed Agreement
Following the execution of a Ddevelopment Aagreement by the Ccity Manageradministrative officer, the Ccity Cclerk
shall cause record the executed agreement to be recorded with the Ccounty Rrecorder. (Ord. 1134 § 1 (part), 1989)
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17.xx.xxx Ordinance, Regulations, and Requirements Applicable to Development
Development projects covered by a Ddevelopment Aagreement shall comply with the Ggeneral Pplan, Zzoning
Regulations, and subdivision ordinance regulations, and other applicable codes, ordinances, rules, regulations, and
official policies in effect on the date of execution of the Ddevelopment aAgreement by the Ccity Manageradministrative
officer, provided, however, that a Ddevelopment Aagreement shall not:
A. Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies
which do not conflict with such existing ordinances, rules, regulatio ns and policies under the development
agreement;
B. Prevent the approval, conditional approval, or denial of subsequent development applications pursuant to such
existing or later adopted or amended ordinances, rules, regulations, and policies; or
C. Preclude the Ccity from adopting and implementing emergency measures regarding water or sewer deficiencies
when the Ccouncil determines that such action is necessary to protect public health and safety. If such action
becomes necessary, the Ccouncil reserves the right to suspend water or sewer service on an equitable basis until
such deficiencies are corrected. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Subsequently Enacted State and Federal Laws
In the event that Sstate or Ffederal laws or regulations enacted after execution of a Ddevelopment Aagreement prevent
or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be
deemed modified or suspended to the extent necessary to comply with such laws or regulations. (Ord. 1134 § 1 (part),
1989)
17.xx.xxx Enforcement¬ - —Continuing Validity
A. Unless and until amended or canceled in whole or in part as provided in Sections 17.94.190 or 17.94.210, a
Ddevelopment Aagreement shall be enforceable by any party to the agreement, regardless of any change in
regulations which alters or amends the regulations applicable to the project covered by a Ddevelopment
Aagreement, except as specified in Sections 17.94.160 and 17.94.170.
B. The Ddevelopment Aagreement shall be binding upon, and the benefits of the agreement shall inure to, all
successors in interest to the parties to the agreement. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Amendment - ¬—Time Extension - ¬—Cancellation
A Ddevelopment Aagreement may be amended, extended, or cancelled, in whole or in part, by mutual consent of all
parties to the agreement or their successors in interest. Procedures for amendment, time extensions , or cancellation
of the Ddevelopment Aagreement by mutual consent shall be the same as provided for initiation and consideration of
such agreement. (Ord. 1134 § 1 (part), 1989)
Review for Compliance - ¬—Director’s Authority
A. Every Ddevelopment Aagreement entered into by the city Ccouncil shall provide for Ddirector review of compliance
with the Ddevelopment Aagreement at time intervals as specified in the agreement, but not less than once every
12 twelve months.
B. The Ddirector shall determine whether the applicant or his or her successor in interest has or has not complied
with the agreement. If the Ddirector determines that the terms or conditions of the agreement are not being met,
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all parties to the agreement shall be notified by registered or certified mail or other method guaranteeing proof of
delivery, also indicating that failure to comply within a period specified may result in legal action to enforce
compliance, termination, or modification of the agreement.
C. It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with
the agreement to the Ddirector’s satisfaction at the time of the Ddirector’s review. Refusal by the applicant or his
or her successor in interest to provide the required information shall be prima facie evidence of violation of such
agreement.
D. If, at the end of the time period established by the Ddirector, the applicant or his or her successor in interest has
failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance,
the Ddirector shall notify the city Ccouncil of his or her findings, recommending such action as he or she deems
appropriate, including legal action to enforce compliance or to terminate or modify the agreement. (Ord. 1134 § 1
(part), 1989)
17.xx.xxx Violation of Agreement—Council Review and Action
A. When the Ddirector notifies the Ccouncil that a Ddevelopment Aagreement is being violated, a public hearing shall
be scheduled before the Ccouncil to consider the matter. Procedures for conduct of such hearing shall be the
same as provided for initiation and consideration of a Ddevelopment Aagreement.
B. If the Ccouncil determines that the applicant or his or her successor in interest is in violation of a Ddevelopment
Aagreement, it may take one of the following actions:
1. Schedule the matter for Ccouncil hearing for modification or possible termination of the agreement.
Procedures for hearing notice shall be the same as provided in Section 17.94.080; or
2. Continue the matter for further consideration. (Ord. 1134 § 1 (part), 1989)
17.xx.xxx Modification or Termination for Violations
A. After the hearing required by Section 17.94.210 (A), the Ccouncil may terminate or modify the agreement upon
finding that:
A.
1. Terms, conditions, and obligations of any party to the Ddevelopment Aagreement have not been met; or
2. The scope, design, intensity, or environmental effects of a project were represented inaccurately; or
3. The project has been or is being built, operated, or used in a manner that differs significantly from approved
plans, permits, or other entitlements; or
4. Parties to the agreement have engaged in unlawful activity, or have used bad faith in the performance of or
the failure to perform their obligations under the agreement.
B. Modifications. Such remedial action may include, but is not limited to, changes to project design or uses, operating
characteristics, or necessary on-site or off-site improvements which are determined to be reasonably necessary
to protect public health, safety, or welfare, and to correct problems caused by or related to noncompliance with
the terms of the agreement. (Ord. 1134 § 1 (part), 1989)
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17.xx.xxx Consequences of Termination
Upon termination of the Ddevelopment Aagreement, the owner shall otherwise comply with Ccity codes, regulations,
development standards, and other applicable laws in effect at the time of termination of the agreement. (Ord. 1134 § 1
(part), 1989)
17.xx.xxx Irregularity of Proceedings
No action, inaction, or recommendation regarding the proposed Ddevelopment Aagreement shall be held void or invalid
or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining
to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure
whatsoever unless, after an examination of the entire record, the court is of the opinion that the error was prejudicial
and that a different result would have been probable if the error had not occurred or existed. (Ord. 1134 § 1 (part ),
1989)
17.xx.xxx Coordination of Approvals
A. Public Hearings. Where an application for a Ddevelopment Aagreement is concurrently filed with an application
for a zone change, use permit, variance, minor subdivision or tract map, or annexation and the applications may
be feasibly processed together, public hearings may be concurrently held.
B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking requirements, density, and other
design standards may be modified or relaxed during consideration of a Ddevelopment Aagreement. The Ccouncil
may modify or relax development or subdivision standards when: (1) such modification or relaxation is otherwise
allowed by this Mmunicipal Ccode, (2) the Ccouncil makes findings as required by zoning and subdivision
regulations, and (3) the Ccouncil determines that such modification or relaxation of standards is consistent with
the Ggeneral Pplan, and reasonably necessary to allow the safe, efficient, and/or attractive development of the
subject property. (Ord. 1134 § 1 (part), 1989)
CHAPTER XX: GENERAL PLAN AMENDMENTS
17.xx.xxx Purpose
17.80.010 Title.
This chapter shall be known and may be cited as the “general plan amendment regulations of the city.” (Prior code §
9600)
17.80.020 Amendments to be made in manner provided in this chapter.
The general plan or any part or element thereof shall be amended in the manner provided in this chapter. (Prior code
§ 9601)
17.80.030 Purpose.
It is Tthe purpose of this Cchapter is to provide for the orderly processing of Ggeneral Pplan amendments in a manner
consistent with the overall goals of the community’s planning program and the requirements of the California law. In
particular, this Cchapter is intended to:
A. Assure that the Ggeneral Pplan is amended for good reason and with due consideration of community-wide
interests;
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B. Help achieve and maintain internal consistency of Ggeneral Pplan elements and conformance between the Pplan
and implementing techniques, such as zoning; and
C. Establish rights and assign responsibilities for the persons and agencies involved in Ggeneral Pplan administration
so each can perform fairly and effectively. (Prior code § 9602)
17.xx.xxx Authority to Initiate an Amendment
A. Initiation of Amendment by the City Council. The city Ccouncil may initiate Ggeneral pPlan amendments at
any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for
consideration at a hearing, as provided in Section 17.80.050.
B. Applications to Initiate Amendments. Any person may request an amendment of the Ggeneral Pplan by filing
an application with the Ddepartment of Ccommunity Ddevelopment. Such application shall include:
1. A description of the proposed amendment, including, as may be necessary, additions or modifications to the
text and graphics of adopted Ggeneral pPlan elements or reports.;
2. A statement explaining how the proposed change will better reflect community desires as expressed in
Ggeneral Pplan goals and policies.;
3. If the amendment involves change of a basic goal or policy, why the change is warranted by new information
or reevaluation of community needs.;
4. An analysis of how the proposed change will beneficially and detrimentally affect adjacent areas or shared
resources. This analysis may take the form of a draft environmental impact report.;
5. A description of how the amendment of one policy may reinforce or conflict with related policies, including
those in other elements.;
6. Such other supporting data as the Ddirector may require to enable evaluation of the proposal.;
7. A fee sufficient to cover the expected costs incurred in processing the application, to be established by
resolution of the Ccouncil. (Ord. 1591 § 27, 2013; Ord. 1346 § 2 (part), 1999; Ord. 1108 § 1 Ex. A (part), 1987:
prior code § 9603)
17.xx.xxx Schedule for and Coordination of Amendments
17.80.050 Schedule for amendments.
A. Limited to Four Times Annually. Any element of the Ggeneral Pplan may be amended not more than four times
each year. Each amendment may include more than one change to the Ggeneral Pplan. Such amendments may
be scheduled at any time deemed necessary or convenient. The Pplanning cCommission may review individual
amendments as often as necessary, but the city Ccouncil must consider them in no more than four batches per
year, so that cumulative effects of such amendments can be considered. (Ord. 1346 § 2 (part), 1999: Ord. 1108 §
1 Ex. A (part), 1987: prior code § 9604)
17.80.080 Coordination of plan amendments.
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B. Coordination of Amendments. Changes in policy or land use designations which involve more than one element
shall be made as concurrent amendments to the related elements in order to maintain internal plan consistency.
(Ord. 1108 § 1 Ex. A (part), 1987)
17.xx.xxx Processing, Notice, and Hearings
A. 17.80.060 Planning Ccommission Aactions.
1A. Public Hearings—Notice. The Pplanning Ccommission shall hold at least one public hearing before taking
action on any Ggeneral Pplan amendment. Notice of the date, time, and place of the hearing shall be given
at least 10 ten calendar days before the hearing by publication of the notice, describing the nature of the
proposed amendment(s), in a newspaper of general circulation within the Ccity.
2B. Resolution. The recommendation for approval of the Pplanning Ccommission of any amendment to the
Ggeneral Pplan shall be by resolution of the Ccommission adopted by the affirmative vote of not less than a
majority of its total voting members.
3C. Transmittal to Council. Upon recommendation for approval by the Pplanning Ccommission of any Ggeneral
Pplan amendment or denial of a city Ccouncil initiated amendment, it shall be transmitted to the Ccouncil with
the Pplanning Ccommission’s report and recommendation.
4D. Appeals. Any denial by the Pplanning Ccommission shall be final unless the decision is may be appealed to
the Ccity Ccouncil.
5E. Other Situations. When neither a majority of the Planning Ccommission recommends approval nor a majority
of a quorum recommends denial, the Pplanning Ccommission may transmit the amendment to the Ccouncil
with a report explaining the situation and stating the recommendations of the individual commissioners. (Ord.
1108 § 1 Ex. A (part), 1987: prior code § 9605)
B. 17.80.070 City Ccouncil Aactions.
1A. Public Hearings—Notice. Upon transmittal from the Pplanning Ccommission or upon appeal from the applicant,
the Ccouncil shall hold at least one public hearing on proposed Ggeneral Pplan amendments. Notice of the time,
place and subject of the hearing shall be given as provided in Section 17.80.060(A).
2B. Resolution. Any amendment of the Ggeneral Pplan shall be adopted by resolution of the Ccouncil, adopted by
the affirmative vote of not less than three of its membersa majority of the total membership of the Council.
3C. Referral of Council Changes. In adopting any Ggeneral Pplan amendment which has been approved by the
Pplanning Ccommission, the Ccouncil shall not make any substantive changes or additions involving issues not
considered by the Pplanning Ccommission in their review, until the proposed change or addition has been referred
to the Pplanning Ccommission for a report and the report has been filed with the Ccouncil. Failure of the Pplanning
Ccommission to report within 40 forty calendar days after the referral, or such longer period as may be designated
by the Ccouncil, shall be deemed to be approval of the change or addition. (Ord. 1108 § 1 Ex. A (part), 1987: prior
code § 9606)
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CHAPTER XX: PUBLIC NOTICES AND HEARINGS
17.xx.xxx Purpose
This Chapter provides procedures for public hearings required by these Zoning Regulations. When a public hearing
is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this
Chapter.
17.xx.xxx Notice of Hearing
A. Generally. When these Zoning Regulations require a public hearing before a decision on a permit or other
discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code
Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code 21000 et seq.; and as required by
this Chapter.
B. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.
1. Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief
description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s
right to appear and be heard); and the phone number, street address, and email or website address of the
City department where an interested person could call or visit to obtain additional information.
2. Project Information. The date of filing and the name of the applicant; the City's file number assigned to the
application; a general explanation of the matter to be considered; and a general description, in text or by
diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative
Declaration, final Environmental Impact Report, or statement of exemption from the requirements of California
Environmental Quality Act (CEQA) has been prepared for the project in compliance CEQA and the City’s
CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider
approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed
Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report,
or statement of exemption.
4. Statement Regarding Challenges of City Actions. A notice substantially stating all of the following: "If you
challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government
Code Section 65009(b)(2).
5. Statement Regarding Commission’s Recommendations. For Council items that involve a
recommendation from the Planning Commission (e.g., legislative acts), the notice shall contain the Planning
Commission’s recommendations.
C. Method of Notice Distribution. Notice of a public hearing required by this Chapter, and any other type of notice
specified in Article 6 (Permit Processing Procedures), shall be given as follows, as required by Government Code
Sections 65090 and 65091.
1. Mailing. Notice shall be mailed or delivered not less than 10 days before the scheduled hearing to the
following:
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a. Project Site Owners, Agent(s), and Applicant. The owners of the property being considered in the
application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for
maps in compliance with Government Code Section 65091(a)(2);
b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other
essential facilities or services to the property which is the subject of the application, whose ability to
provide those facilities and services may be significantly affected;
c. Affected Owners. All owners of real property as shown on the latest assessment rolls of the City or of
the County, located within a radius of 300 feet, or a different radius as specified in the actual permit
requirements of Division 6 (Permit Processing Procedures), of the exterior boundaries of the parcel that
is the subject of the hearing; and any other person whose property might, in the judgment of the Director,
be affected by the proposed project;
d. Affected Occupants. All occupants/tenants of owners at addresses located within a radius of 300 feet,
or a different radius as specified in the actual permit requirements of Division 6 (Permit Processing
Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; and
e. Persons Requesting Notice. Any person who has filed a written request for notice with the Director or
City Clerk and has paid the required fee for the notice.
2. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with
subparagraph C. 1., above is more than 1,000, the Director may choose to provide the alternative notice
allowed by Government Code Section 65091(a)(3).
3. Additional Notice. In addition to the types of notice required above, the Director may require any additional
notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director
determines is necessary or desirable.
17.xx.xxx Scheduling of Hearing
After the completion of any environmental document required by CEQA, the City’s CEQA Guidelines, and a Dep artment
staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Planning
Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period
established by State law.
17.xx.xxx Hearing Procedure
A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued Hearing. Any hearing may be continued from time to time without further notice, provided that the
chair of the hearing body announces the date, time, and place to which the hearing will be continued before the
adjournment or recess of the hearing.
C. Deferral of Final Decision
1. The review authority may announce a tentative decision and defer its action on a final decision until
appropriate findings and/or conditions of approval have been prepared.
2. The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the
findings and/or conditions.
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D. Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the names
and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case.
E. Formal Rules of Evidence or Procedure Not Applicable. Formal rules of evidence or procedure applicable in
judicial actions and proceedings shall not apply in any proceeding subject to these Zoning Regulations, except as
otherwise required by the City Charter or the Municipal Code, in compliance with Government Code Section 65010.
17.xx.xxx Recommendation by Planning Commission
A. Recommendation and Findings to the Council. After a public hearing on a proposed amendment to these
Zoning Regulations, the General Plan, the Zoning Map, a Development Agreement, or a specific plan, the
recommendation and findings of the Planning Commission shall be forwarded to the Council.
B. Recommendation and Findings to the Applicant. The recommendation and findings shall be mailed to the
applicant at the address shown on the application.
C. Recommendation Included in Notice. The recommendation shall be included in the required notice of the
Council’s public hearing.
Effective Date of Decision
A. Director’s or Planning Commission’s Decision. The decision of the Director or Planning Commission is final
and effective after 5:00 pm on the 10th day following the actual date the final decision is rendered if no appeal of
that decision has been filed in compliance with Chapter 17.XX (Appeals).
B. Council’s Decision.
1. Adopted by Ordinance. A decision of the Council adopted by ordinance is final and shall become effective
on the 31st day following the date the ordinance is actually adopted by the Council, unless otherwise provided
in the adopting ordinance. For example, an ordinance adopted on October 1st will actually be effective on
November 1st.
2. Adopted by Resolution. A decision of the Council adopted by resolution is final and shall be effective on
the date the decision is rendered.
3. Contingent on Future Date or Event. The Council may take a final action and make it contingent on a future
date or event.
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CHAPTER XX: ENFORCEMENT
17.xx02.xxx120 – Delegation of AuthorityEnforcement
The Ddirector shall be responsible for enforcing these Zoning Rregulations and shall issue no permit in conflict with
them. Any such permit issued shall be void. (Ord. 941 § 1 (part), 1982: prior code § 9204.6(A))
17.xx02.xxx120 – Violations
A. General Regulations and Requirements. The Ddirector shall enforce these Zoning Rregulations in accordance
with provisions of this Ccode and any other procedures as may be adopted by resolution of the Ccouncil. The
provisions of Municipal Code Chapter 1.12 (General Penalty) shall apply to violations of these Zoning Regulations.
B. Time Limits for and Revocation of Use Permits, Variances, and Home Occupation Permits.
1. A Minor Use Permit, Conditional Uuse Ppermit, or Vvariance shall be automatically revoked if not used within
one year, unless a longer period is specified in the approval, or unless an extension is granted.
2. All types of permits and Vvariances may be revoked by the body which originally approved them, upon
determining that any of the conditions have been violated. Procedures for revocation shall be as prescribed
for issuance of the permit or Variance, including written notice to the permittee at least ten 10 calendar days
before the hearing. (Ord. 941 § 1 (part), 1982: prior code § 9204.6 (B))
Attachment 5
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