Camarillo Municipal Code § 19.16.080 Minimum yard requirements

In order to provide a method whereby land may be designed and developed as a unit for residential use by taking advantage of modern site planning techniques; and, in addition, in order to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood; and, in order to produce developments which meet standards of open space, light, air, pedestrian and vehicular circulation; the planning commission may approve a permit for four units or less per acre in accordance with established conditions of the R-1 zone. A residential planned development permit may be approved by the planning commission after a public hearing and required findings (Section 19.16.300) have been made for greater densities or for departures from the general standards for a residential development which includes an innovative approach in residential design. The planning commission in considering any development may not exceed the density authorized by the general plan.

(Ord. 364 § 1 (part), 1977: prior code § 9404.)

Uses permitted in the RPD zone are as follows:

A. Dwellings, one-family conventional detached structure, including employee housing accommodations for six or fewer employees;

B. Day care, small family and large family;

C. Lath and greenhouses, private and horticulture collections for noncommercial purposes;

D. Temporary subdivision office; a temporary real estate subdivision sales office for a limited purpose of conducting sales only of lots in the subdivision or residential tract subject to the approval by the director;

E. Temporary storage; any building project during construction or sixty days thereafter, the property and the project may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor's temporary office which may be placed on the adjoining property with the approval of the property owner;

F. Public schools; elementary, junior high;

G. Keeping of household pets, domestic animals for personal purposes on a single-family detached residential lot in the RPD-5 or lesser zone must be maintained in accordance with the standards established in the R-1 zone;

H. Attached residential units or single-family units in the RPD-6U or greater zone may keep household pets and domestic animals for personal purpose, subject to the following:

1. Not more than two dogs and two cats over the age of four months or combination thereof. Nothing herein authorizes the breeding of dogs and cats for commercial purposes. For the purposes of this section, more than one litter per year per household will constitute "commercial purposes." No farm animals, miniature pot-bellied pigs, or pigeons are permitted,

2. Small birds. Ten small birds on parcels fifteen hundred square feet or less in area. Lots greater than fifteen hundred square feet in area may have ten small birds for each additional fifteen hundred square feet of lot area. No pigeons are allowed,

3. Medium birds: provided that the total number may not exceed five for each fifteen hundred square feet of lot area,

4. Large birds: provided that the total number may not exceed four for each parcel. No peafowl are allowed,

5. That the number of birds authorized in Section 19.16.020(H)(2), (3) and (4) combined may not exceed the number authorized in Section 19.16.020(H)(2),6.All areas used for the keeping of animals must be kept in a clean and sanitary condition at all times and may not cause detrimental or injurious conditions to the public health, safety, or general welfare of any human being;

I. Agricultural uses, temporary agricultural uses and stands, subject to the following conditions and limitations:

1. Growing agricultural crops and accessory structures are permitted uses, but no poultry or animals may be raised or kept except as otherwise permitted by this chapter;

J. Rented rooms in any single-family detached residence (RPD-5 or lesser zone) for occupancy of not more than two persons in addition to members of the family occupying such dwellings;

K. Special events as set forth in Chapter 19.63;

L. Home occupations as set forth in Chapter 19.65;

M. Keeping of farm animals for personal purposes on a single-family detached residential lot in the RPD-5U or lesser zone must be maintained in accordance with the standards established in the R-1 Zone;

N. A youth animal project may be allowed in a detached single-family dwelling in the RPD-5U or lesser zone when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find as a condition of approval that the adjoining property owner(s) and the leader(s) of the recognized youth organization do not object to the project and that it will not be detrimental to the public health, safety or welfare. Duration of the youth animal project may not exceed six months and not more than one youth animal project per year per parcel. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code;

O. Wild birds may be allowed in a detached single-family dwelling in the RPD-5U or lesser zone when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find that all other local, state, and federal requirements have been met and that adjoining property owner(s) do not object to keeping the wild bird(s) and that it will not be detrimental to the public health, safety, or welfare. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code.

P. Second dwelling units in the RPD-5U, or below, zone in accordance with Section 19.16.175;

Q. Accessory buildings and structures auxiliary to the principal permitted uses;

R. Cottage food operations as set forth in Chapter 19.74.

S. Emergency shelter, including other interim interventions such as navigation centers, bridge housing, or respite or recuperative care.

(Ord. 963 § 15, 2003; Ord. 962 § 15, 2003; Ord. 791 § 1, 1993; Ord. 781 § 5, 1993; Ord. 773 § 9, 1993; Ord. 767 §§ 7—9, 1992; Ord. 720 § 1, 1990; Ord. 713 § 4, 1990; Ord. 628 § 4, 1987; Ord. 610 § 1, 1986; Ord. 512 § 4, 1982; Ord. 493 § 1 (part), 1981; Ord. 364 § 1 (part), 1977: prior code § 9404.1.)

(Ord. No. 1059, § 2, 10-13-2010; Ord. No. 1077, § 3, 6-12-2013; Ord. No. 1079, § 4(Exh. B), 9-25-2013; Ord. No. 1171, § 3F, 3-25-2020; Ord. No. 2008, § 4(Exh. A), 4-12-2023)

The following uses may be permitted in the RPD zone if a conditional use permit is obtained in the manner provided by Chapter 19.62:

A. Water supply, governed by the following provisions:

1. The drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located,

2. The drilling and operation of water wells and distributions of water therefrom by any mutual water company to the persons and properties which it serves;

B. Parking lots, as accessory uses, within one hundred fifty feet of the building, lot, parcel or site they are intended to serve. Publicly owned parking lot shall be excluded from the conditional use requirement;

C. Temporary agricultural stands in accordance with Chapter 19.62;

E. Roof-mounted satellite dish antennas, satellite dish antennas mounted in a side yard or at heights greater than fifteen feet in the RPD-5U or lesser zones with detached residential units. No conditional use permit may be issued for a roof-mounted satellite dish unless it meets the following criteria:

1. The applicant must demonstrate that ground-mounting of the satellite dish antenna would result in the obstruction of the satellite antenna's reception window, and that such obstruction involves factors beyond his/her control,

2. The height of the proposed satellite dish antenna shall not exceed the maximum height restriction imposed upon primary uses within the zone,

3. The proposed satellite dish antenna must be compatible with neighboring uses and improvements and should be located away from public view as much as possible,

4. The application shall include certification that the proposed installation is in conformance with applicable city building code regulations. Furthermore, the application must contain written documentation of such conformance, including load distributions within the building's support structure;

F. Day care facilities for more children than allowed.

G. Single-room occupancy (SRO) facilities subject to the following additional standards:

1. One SRO facility per lot.

2. Distance requirement of 500 feet between any other SRO facility.

3. Minimum unit size: 300 square feet. Maximum unit size: 450 square feet for single occupancy.

4. Maximum occupancy of two persons per unit (with minimum size of 350 square feet for two persons) and a maximum of 450 square feet.

5. Must include a kitchen and a bathroom in each unit.

6. Must include on-site laundry facility adequate for a number of residents.

7. Must comply with the Community Design Element.

8. All requirements of the underlying RPD-30U Zone apply, including parking.

9. An SRO facility must be part of a multifamily residential project; the units must be dispersed throughout the project, and the total number of SRO units may not exceed 50 percent of the total number of residential units in the project.

(Ord. 963 § 2 (part), 2003; Ord. 773 § 10, 1993; Ord. 634 § 6, 1987; Ord. 593 § 9, 1985; Ord. 590 § 9, 1985; Ord. 560 § 2 (part), 1984; Ord. 512 § 10 (part), 1982; Ord. 482 § 3, 1980; Ord. 444 § 6, 1979.)

(Ord. No. 1111, § 5, 11-11-2015)

Residential planned development permits may be approved by the planning commission for the following uses and developers are encouraged to include innovative approaches in residential design which may include general departures from standard design principles, still provide adequate open space, separation of units, and allow for mix of unit types. In addition, projects which provide housing to senior citizens or to persons and families of very low or lower income may qualify for a density bonus or other incentive as provided for in Chapter 19.49:

A. Apartments projects;

B. Dwellings, two-family;

C. Dwellings, multifamily, including but not limited to cluster, townhouse, condominium, community apartment or stock cooperative projects (which includes zero side yard residential subdivisions);

D. Fire stations, public buildings, temporary detached facilities and other facilities of the federal, state, county and city agencies;

E. Buildings containing a height greater than twenty-five feet;

F. Churches;

G. Commercial recreation centers consisting of either/or a combination of tennis, golf, swim clubs and including restaurants, pro shops open to the public or private designed as either a part of or as a separate usage in a residential area;

H. Philanthropic or charitable institutions;

I. Public utility buildings and structures;

J. Rest, convalescent and nursing homes;

K. Homes for the aged.

(Ord. 773 § 11, 1993; Ord. 770 § 2, 1992; Ord. 654 § 2, 1988; Ord. 491 § 2, 1981; Ord. 364 § 1 (part), 1977: prior code § 9404.2.)

Any project for which a residential planned development permit is required by this chapter shall not be changed as to physical characteristics, designated uses or form of ownership without approval by the planning commission, even though no such permit was required to be issued at the time of development. As used in this section, "change in form of ownership" means conversion of all or a portion of an apartment project to condominiums, community apartments, stock cooperatives or similar forms of ownership. Approval of any of the above changes shall be pursuant to provisions applicable to issuance of a residential planned development permit.

(Ord. 491 § 3, 1981.)

The property development and performance standards set forth in Sections 19.16.050 through 19.16.240 shall apply to all lots and uses in the RPD zone, except where modified by the RPD permit, and all development of RPD-4 or less which shall be in accordance with the R-1 zone standards.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3 (part).)

For all development above RPD-4, the actual lot and site area shall be determined by the planning commission under the planned development permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(A).)

All developments involving greater than RPD-4 density shall be reviewed by the commission and approved under the RPD permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(B).)

A. The general density in the RPD zone shall be in accordance with the subzone suffix which shall indicate the maximum number of dwelling units per acre, followed by the letter "U." The subzones for the RPD zone may be any number between RPD-1U and RPD-30U. The RPD without a suffix subzone number may be approved under a planned development permit by the planning commission up to a maximum of thirty units per acre in accordance with the general plan designation.

The planning commission may grant an increase in the maximum residential density otherwise allowable under the provisions of this title to projects which provide housing for senior residents or families of very low or lower income as provided for in Chapter 19.49.

B. Change of Designation of Subzone. The change of designation of subzone may only be altered or modified in accordance with the procedures set forth for zone changes.

(Ord. 770 § 3, 1992; Ord. 654 § 3, 1988; Ord. 364 § 1 (part), 1977: prior code § 9404.3(C).)

A. Front Yard. When a unit fronts on a public right-of-way, the minimum setback shall be no less than twenty feet from the existing or proposed right-of-way line except if approved under an RPD permit for an alternate setback which shall provide adequate separation.

B. Side Yard.

1. A one-story dwelling shall have a minimum side yard from the street side of ten feet with the interior side yard being not less than five feet unless approved under an RPD permit for an alternate setback which shall be determined to provide adequate separation.

2. Two-story dwellings shall have a minimum side yard of ten feet, or if included under a cluster project an alternate setback may be approved which shall be determined to provide adequate separation between units.

C. Rear Yards. The rear yard shall not be less than twenty feet in depth with a grade not to exceed three percent except if included in a project where common open space is provided, the minimum building separation of subsection D of this section shall be met.

D. Distance between buildings shall be as follows except where modified by the RPD permit:

1. The minimum distance between adjoining buildings developed or proposed within a cluster project when arranged front-to-front, front-to-rear or rear-to-rear shall not be less than forty feet.

2. The minimum distance between buildings for side to front or side to rear shall be thirty feet.

3. Buildings placed side-to-side shall have a minimum separation of twenty feet.

4. The minimum distance between the accessory building and any other building shall be ten feet unless it is an integral part of the main building.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(D).)

A maximum of twenty-five feet unless a greater height is approved under an RPD permit.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(E).)

A maximum building coverage for a residential planned development permit for a RPD-4 or less shall be forty percent. All developments greater than RPD-4 shall not exceed fifty percent wherein recreation buildings may be excluded from coverage measurements.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(F).)

A. Common usable open space includes areas planned within residential development projects which are to be used for scenic landscaping or recreational purposes by all the residents of the project.

B. Common usable open space does not include land occupied by streets, driveways, parking areas, service areas, or required front or street side yards; provided, however, that land occupied by recreational structures and facilities may be counted as common usable open space and in accordance with the following standards:

1. The minimum common usable open space required for each dwelling unit shall be as follows:

a. One hundred and twenty-five square feet for each efficiency unit;

b. Two hundred fifty square feet per bedroom for each dwelling unit having two or less bedrooms;

c. Five hundred square feet for each bedroom for each dwelling unit having three or more bedrooms.

2. At least fifty percent of the required common usable open space shall be contained in one or not more than three common areas and a rectangle described within it shall be determined by the commission as reasonable and usable. The required common usable open space may be distributed throughout the project and need not be in one large area provided that required common usable open space shall have an area six hundred twenty-five square feet and a rectangle described within it shall have a minimum dimension of not less than twenty-five feet.

3. All required common usable open space shall be suitably improved for its intended purpose and all lawn and landscaping areas shall be provided with a permanent watering system adequate to maintain such areas. Natural features of the site worthy of preservation as described by the planning commission may be retained in their natural state and need not be formally improved but shall be maintained to the extent that certain improvement features such as irrigation lines and additional plant materials may be added to insure the lasting retention of the natural feature being preserved.

4. In recognition of the fact that greater densities authorized under the terms of this chapter can be approved for housing developments it is essential that the open space provided in lieu of individual setback yards and the like be in the form of flat usable land rather than in steep unusable slopes. Therefore, depending upon the nature and concept of the project, fifty percent to one hundred percent of the required common usable open space shall be situated on slopes not to exceed five percent. The planning commission may make the determination based upon the individual application and development program.

5. If individual dwelling units in the development are to be sold, open space may be required on each individual lot in accordance with the planned development permit. If common area is provided, the usable open space shall remain in common ownership and remain available for all units within the project.

(Ord. 364 § 1, (part), 1977: prior code § 9404.3(G).)

Development design of private usable open space to serve individual units where no common area is provided shall have open space for each unit having no dimension less than ten feet on ground level or eight feet above ground level.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(H).)

Off-street parking shall be as set forth in the parking provisions of this title (Chapter 19.44); however, in no case shall required parking be provided in the front yard setback area, and there shall be adequate space for the parking of recreational vehicles in the side yard area or within the project as approved by the commission.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(I).)

A. A fence or wall not to exceed six feet in height may be required to be located and maintained along the side or rear lot lines provided such fence or wall does not extend into the required front yard or into the side yard along the street side of a reverse corner lot, in which case such fence or wall shall be limited to three feet in height.

B. No fence or hedge shall exceed three feet in height in any required cutoff area described in this chapter.

C. Notwithstanding the provisions of subsection A of this section, the director of planning and community development may approve an increase in the height of a wall or fence of up to eight feet on that side of any parcel in this zone adjoining a primary arterial or eight feet on that side of any parcel in this zone adjoining a secondary arterial; provided, that the director finds that the wall and the landscaping surrounding the wall will be:

1. Compatible with surrounding land uses;

2. Consistent with the city's general plan;

3. In compliance with all city ordinances and policies; and

4. Consistent with and not detrimental to the public health, safety or welfare.

The director may impose conditions on approval of the increased height in order to meet these criteria, or as otherwise necessary to assure compliance with the intent and purpose of this title.

(Ord. 594 § 4, 1985: Ord. 364 § 1 (part), 1977: prior code § 9404.3(J).)

All utilities shall be placed underground in accordance with the provisions of the Camarillo Municipal Code.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(K).)

A. Subdivision Sale Sign.

1. Number. Each subdivision is permitted one subdivision sale sign.

2. Area. A subdivision sale sign may not exceed 32 square feet in area per face.

3. Height. A subdivision sale sign may not exceed 12 feet in height.

4. Lighting. A Subdivision sale sign may not be illuminated.

5. Time Limits. A subdivision sale sign must be removed after it has been erected for two years or when all of the subdivision residential lots have been sold, whichever occurs first. This time limit may be extended by the Director.

6. Location. The subdivision sale sign must be immediately adjacent to the residential lots offered for sale. The precise location of the sign must be approved by the Director.

B. Subdivision Identification Sign.

1. Number. A subdivision identification sign is permitted at any direct entrance (not to exceed two) from a limited access road that borders the development. The sign may be either a monument sign or a wall sign.

2. Area. Subdivision identification signs may not exceed twenty-five square feet in area per face.

3. Height. If a monument sign is used, the height may not exceed eight feet.

4. Lighting. Subdivision identification signs may not be illuminated, unless the maintenance is assumed by a property owners' association as part of the recorded conditions, covenant and restrictions for the project.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(L).)

(Ord. No. 1122, § 4, 3-23-2016)

A. Accessory buildings and structures placed in the RPD or lesser zones shall comply with the R-1 zone standards.

B. Patio Covers for Cluster Residential Unit. A covered unenclosed patio may project to within two feet of the side property line with the supporting poles also to within two feet of the side property line unless a common open space is provided in which case a zero setback may be approved.

C. Covered Patio, Rear Yard. A covered patio attached or unattached which is enclosed on not more than three sides may extend into the required rear yard provided the distance between the rear property line and the nearest point of the patio is not less than ten feet unless a common open space is provided in which case a zero setback may be approved.

D. Satellite Dish Antenna. A satellite dish antenna placed in the RPD-5U or lesser zones with detached residential units shall be in accordance with the R-1 zone standards. Attached or detached units in the RPD-6 or greater RPD zones may be permitted either a central satellite dish antenna system with an RPD permit or other satellite dish system in accordance with an RPD permit and approval from any applicable homeowners association.

E. An antenna system placed in the RPD-4U or RPD-5U or lesser zones with detached residential units shall be in accordance with the R-1 zone standards.

(Ord. 963 § 16, 2003; Ord. 962 § 16, 2003; Ord. 858 § 8, 1996; Ord. 730 § 4, 1990; Ord. 593 § 10, 1985; Ord. 590 § 10, 1985; Ord. 364 § 1 (part), 1977: prior code § 9404.3(M).)

Accessory dwelling units are permitted subject to the procedures and regulations in Chapter 19.56 (Accessory Dwelling Units).

(Ord. 963 § 17, 2003: Ord. 962 § 17, 2003)

(Ord. No. 1119, § 5, 1-27-2016; Ord. No. 1140, § 4, 4-12-2017; Ord. No. 1139, § 4, 4-26-2017)

No mechanical equipment consisting of ventilation, air conditioning equipment and servicing equipment for swimming pools shall be placed in the side yard or front yard area.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(O).)

Landscaping and other ground space treatment shall be provided on all areas not used for buildings, parking, roadways, pathways or recreational facilities. Existing natural landscaping elements should be retained where possible and integrated into the landscape plan. The landscaping area shall be maintained in an orderly, healthy manner or replaced. Landscaping shall be considered actual planting areas of lawn, trees, planter boxes, shrubs, groundcover or other plant material. Such landscaping shall be provided in accordance with the following standards:

A. The entire required setback area shall be landscaped with the exception of vehicle accessways and other areas designated for recreational purposes.

B. Landscaping shall consist of a combination of trees, shrubs, groundcover with careful consideration given to the eventual size and spread, susceptibility to disease and pests, durability and adaptability to disease and pests, durability and adaptability to existing soil and climatic conditions. Fountains, ponds, sculpture and decorative screen walls as an integral part of the landscaping scheme are permitted.

C. Landscape Plan. A plan at a minimum scale of one inch equals thirty feet shall be submitted and approved by the planning director.

1. The planning director or the applicant may request the planning commission to review any landscaping plan or fence plan as provided for under Section 19.16.300, even though not required by this section, and in such event the decision of the planning commission replaces that of the planning director.

2. The approval provided for herein may be conditioned so as to insure compliance with the purpose and provisions of this part with the plan including the following:

a. The dimension and square footage of each planting area;

b. The total square footage and percentage of the developed site devoted to landscaping;

c. The identification of each plant with common and botanical name at the planting area; the number of each and their container size;

d. Permanent watering system including pipe sizes and type and size of all sprinkler heads as well as water requirements for the system to determine meter size;

e. Specification sheet indicating soil preparation maintenance program for continual maintenance of the landscaping area and any type of guarantee associated with the installation of the landscaping.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(P).)

Refuse and recycling enclosures shall be provided in accordance with the enclosure provisions of Chapter 19.50 and the following standards:

A. All outdoor refuse and recycling storage areas shall be easily accessible and enclosed on all sides by a minimum six-foot high decorative brick, concrete block or masonry wall. The opening of such storage area shall be screened by a solid gate of durable wood, metal, or comparable material.

B. The number and general placement of the enclosures shall be contained in the RPD permit and approved by the planning commission.

(Ord. 791 § 2, 1993: Ord. 364 § 1 (part), 1977: prior code § 9404.3(Q).)

Exterior lighting is permitted subject to the procedures and regulations in Chapter 19.47 of this code.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(R).)

(Ord. No. 2004, § 5, 1-11-2023)

All mechanical equipment or electrical equipment shall be completely screened behind a permanent structure and all rooftop mechanical equipment placed behind a permanent parapet wall or be completely restricted from all view at ground level.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(S).)

Private streets and/or driveways provided within the project shall be subject to the approval of the planned development permit and in accordance with the following standards:

For private streets, the minimum street width shall be as follows:

A. Twenty-six feet curb-to-curb (when parking is provided off street);

B. Thirty-two feet curb-to-curb (parallel parking on one side);

C. Thirty-six feet curb-to-curb in single-family developments (parallel parking on both sides);

D. Forty feet curb-to-curb in multiple residential developments (parallel parking on both sides).

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(T).)

Adequate ramps and equipment to be provided to accommodate the use of the facilities by the handicapped shall include but not be limited to access ramps, restrooms, drinking fountains, etc.

(Ord. 364 § 1 (part), 1977: prior code § 9404.3(U).)

The applicant shall submit to the planning commission an application for a residential planned development permit together with a list of all property owners taken from the last equalized rolls within a three hundred-foot radius of the property and other such information shown on the application form. Residential projects which do not require a public hearing need not provide the ownership list of property owners.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4 (A).)

Applications for an RPD permit shall be filed with the planning department in the form set forth showing all property lines, computations for open space, number of units in various categories, existing and proposed building locations, elevations, parking areas, vehicular access facilities, outdoor storage areas, recreation areas, open space areas, walls, landscaped areas and planting screens, all adequately dimensioned, must be submitted to the planning commission to determine compliance with the provisions of this zone. General elevations or perspective drawings of all proposed buildings, walls and structures, and samples of colors and materials shall be included. The plot plan shall show the topography of the lot, abutting streets, highways and freeways, topographic features located within one hundred feet of all lot lines and any additional data which may be required by the commission to determine compliance with the provisions of this zone.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(B).)

Each development permit shall include the submittal of a construction sequence for the land covered by the permit showing the order in which particular structures will be constructed and upon approval of the sequence, the applicant shall not deviate without written approval by the planning director. At no time shall there be more than an average of the allowable units per acre constructed or under construction on the portion of the land which has been developed or is under development.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(C).)

Prior to consideration of the plot plan by the planning commission, a development advisory committee meeting will be held, with notice being given to the applicant wherein the staff recommendation will be reviewed. The applicant will also receive a notice of the planning commission meeting including staff recommendation.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(D).)

A. When a completed application for a RPD permit, together with required data, is accepted by the planning department, a public hearing before the planning commission will be set following the development advisory committee meeting and compliance with the California Environmental Quality Act.

B. Notice of the public hearing will be provided in accordance with Chapter 19.84.

C. At the public hearing, the planning commission will consider all aspects of the RPD permit requested as provided for under this code. In addition, the planning commission will consider the necessary findings under Section 19.16.300.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(E).)

(Ord. No. 1153, § 4(G), 5-25-2018)

The planning commission and/or city council in considering a request for a residential planned development permit shall consider and determine that the following can be made or that the project may be conditioned to insure consistency with the required finding prior to approval of the request:

A. The project will not be injurious or detrimental to the public health, safety and welfare;

B. The project has been designed to be compatible with the various uses and zones within the area it is proposed to be located;

C. The developer has demonstrated that his project includes various amenities to meet the general intent of the ordinance by taking advantage of modern site planning techniques;

D. The project is necessary to make reasonable use of the property;

E. The permit includes conditions which in the opinion of the commission and/or city council are imposed to insure compatibility and/or to mitigate any adverse conditions involved with the use or intensity of development, both public and private;

F. The project will provide an environment of stable, desirable character with adequate open space, light, air, pedestrian and vehicular circulation.

(Ord. 364 § 1 (part), 1977: prior code § 9404.4(F).)

A. The planning commission in considering an application for a residential planned development may approve, disapprove or conditionally approve an application therefor. The planning commission decision shall be effective as described in subdivision A of Section 19.16.320.

B. Upon obtaining approval, the applicant has twelve months in which to initiate the construction. During the period of construction, the project must be diligently pursued. If, for some reason, the applicant is unable to proceed with construction during the twelve months following the date of approval by the commission and if an extension is not requested, then the permit shall automatically expire. If there have been no changes in the proposed plot plan or adjacent areas, the planning director may grant additional twelve-month extensions to allow for the initiation of construction. The action by the planning director in approval or denial of a time extension may be appealed to the planning commission.

(Ord. 856 § 2, 1996: Ord. 364 § 1 (part), 1977: prior code § 9404.4 (G).)

A. Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving an application for a residential planned development permit shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed or a city council review is ordered as provided in this section.

B. Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a planned development permit shall not be valid or effective for any purpose unless it meets all of the following requirements:

1. Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2. Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3. Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4. Each such appeal is filed by or on behalf of any of the following:

a. The owner of any real property located within the city, or

b. A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the planned development permit, or

c. Any interested person.

C. Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

D. Review by City Council. Notwithstanding any other provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a planned development permit ("order of review").

E. Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates, pending the city council action on the matter.

F. Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1. Set the matter for hearing at the next most convenient meeting of the city council; and

2. Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G. Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the planned development permit.

H. City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 856 § 3, 1996: Ord. 364 § 1 (part), 1977: prior code § 9404.4(H).)

(Ord. No. 1153, § 4(H), 5-25-2018)

A. A certificate of occupancy shall be applied for any use of land or new buildings permitted in Section 19.16.020.

B. The building department may issue the certificate after planning commission approval and completion of the new buildings.

C. A change in the use in an existing building may be approved by the planning director.

(Ord. 364 § 1 (part), 1977: prior code § 9404.5.)

Editor's note— Ord. No. 2019, § 4(Exh. A), adopted April 24, 2024, repealed § 19.16.340, which pertained to plan review process and derived from Ord. 962 § 18, 2003; Ord. 963 § 18, 2003; Ord. No. 1174, § 4D, 6-10-2020.

Editor's note— Ord. No. 1174, § 4A, adopted June 10, 2020, repealed § considerations, which pertained to X and derived from Ord. 962 § 19, 2003: Ord. 963 § 19, 2003.

Editor's note— Ord. No. 1174, § 4A, adopted June 10, 2020, repealed § X, which pertained to appeal to planning commission and derived from Ord. 962 § 20, 2003: Ord. 963 § 20, 2003.