Chapter 19.23 — INCENTIVES PROGRAM

It is recognized that desirable characteristics incorporated into a development project may require modifications to the limitations, requirements and development standards established by this Zoning Ordinance, when such modifications result in an exceptional project, and/or closer adherence to the goals of the City's General and/or Specific Plans, policies and other applicable requirements and regulations, than could be achieved through strict adherence to the zoning standards otherwise applicable.

Therefore, the purposes of this Chapter and the Incentives Program are to:

A.

Encourage and make practical, developments, and structures which enhance the quality of life in the City through excellent design and optimum use of land.

B.

Provide flexibility in the application of zoning requirements in cases where development standards for the RM, CC or TOM districts create an impediment to achieving permitted densities under the Zoning Ordinance.

C.

Balance the impacts of a project through desirable features of development, and/or community amenities that will benefit the City and the public.

D.

Authorize the Planning Commission to modify the limitations, requirements and development standards of this Zoning Ordinance for development projects which incorporate certain desirable features and/or community amenities such as, but not limited to those outlined in this Chapter.

E.

Implement the goals and objectives in the General Plan and in Council-adopted plans and policies.

(Ord. 2008-2 Div. II (part), 2008.)

In determining whether to authorize incentives provided in Section 19.23.030 below, the decision-making authority shall evaluate each Incentives application against the following Incentives Evaluation Criteria, and rate each on a point basis, in order to determine whether to approve an Incentives proposal. A project does not need to include all of the desirable criteria listed below; however the application must achieve a score of at least 50 points, out of the 174 total points available to be eligible for consideration for an Incentives approval. Each feature shall have a maximum number of points that can be awarded by the decision-making authority. The decision-making authority may approve an Incentives use permit subject to the findings required by Section 19.23.040(B). The evaluation criteria for which a use permit for Incentives may be awarded are:

A.

Projects that include high quality, innovative design and product type, maximum provisions for pedestrian and bicycle use, and reflect progressive planning principles such as Smart Growth, Transit Oriented Development, Neotraditional design, and/or the Ahwanee Principles. (Up to 15 points possible)

B.

Projects that provide creative design solutions for improvements to unusual or irregular sites that are difficult to develop for optimum use. (Up to 7 points possible)

C.

Substantial rehabilitation and/or reuse of blighted or under-utilized on site and/or off site structures or properties. (Up to 10 points possible)

D.

Usable open space or landscaped areas that are at least 25 percent greater than the minimum requirements stated in this Zoning Ordinance and which offer specific visual, community amenity, or functional benefits. (Up to 7 points possible)

E.

Creative solutions or design of off-street parking which minimizes the land devoted to, or visual impact of parking through car sharing, transit use incentives, undergrounding structures, landscaping, design, or sharing of facilities by more than a single use. (Up to 15 points possible)

F.

Provision of affordable housing or other specialized facilities. (Up to 20 points possible)

1.

Provision of affordable housing that is over and above what is required by State law, Redevelopment law, and/or this Zoning Ordinance, for a range of incomes and lifestyles, or individuals or groups with special needs including affordable housing for very low, low, and/or moderate income: large families; the disabled; seniors; credentialed school teachers; City of El Cerrito Police or Firefighters; and/or City of El Cerrito public employees. Under the Incentives Program, project density of up to 70 du/acre may be allowed provided the project includes

housing for elderly and/or disabled persons, where there is a commitment to provide services such as congregate care, on-site counseling, rehabilitation or medical services for residents.

2.

Provision of market rate housing for the exclusive use of the elderly or the disabled.

G.

Provision of on-site and/or off-site community services, amenities and/or infrastructure (other than standard requirements and improvements) such as funding for public safety facilities and/or services, facilities for the arts, libraries, senior centers, community meeting rooms, child care or recreation, new or enhanced public spaces such as the Ohlone Greenway, sidewalks, streets, parking areas, pathways or parks; in addition to required facilities. (Up to 20 points possible)

H.

Provision of green building and/or energy efficient design, layout, landscaping, construction and materials of an active or passive nature, which exceed those otherwise required by Title 24 but do not achieve LEED certification. (Up to 9 points possible)

I.

Compliance with LEED certified development standards. (Up to 20 points possible)

J.

Provision of environmental benefits such as preservation or restoration of such features as creeks, historical structures, or off-site remediation of sites affected by hazardous materials. (Up to 10 points possible)

K.

Development of job generating land uses, or facilities to assist economic development, in conjunction with the development of dwelling units. (Up to 20 points possible)

L.

Significant improvements to public school property or facilities, exceeding minimum school mitigation fee or development requirements. (Up to 10 points possible)

M.

Provision of significant measures for the use of clean air and/or alternative fuel vehicles, and/or public transit. (Up to 20 points possible)

(Ord. 2008-2 Div. II (part), 2008.)

If the decision-making authority grants at least 50 points for the evaluation criteria specified in Section 19.23.020, the decision-making authority may grant an Incentives approval to modify the zoning requirements,

limitations and development standards otherwise applicable to a development project, including modifications to:

A.

Site requirements for area, height, setback, dimensions and coverage.

B.

The allowable capacity, density or intensity of residential and nonresidential uses. An increase in density granted through this program shall not be combined with increased density granted through a separate section of this code.

C.

Off-street parking requirements.

D.

Landscaping and screening requirements.

E.

Usable open space requirements.

F.

Requirements for public improvements.

G.

Land use limitations.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Application Requirement. Any person proposing development within the City shall have the option to apply for development under the Incentives Program of this Chapter by filing an application for a Conditional Use Permit as provided in Section 19.32, Common Procedures. In addition to information required therein and in Chapter 19.34, Use Permits, the applicant shall submit all of the following:

1.

A statement of objectives for the development and how these objectives relate to the City's goals, objectives and policies;

2.

A list of the evaluation criteria which are proposed to be to incorporated into the development and how those features satisfy each of the proposed criteria;

3.

A list of the incentives which the applicant believes are necessary to accomplish the objectives for the development;

4.

A statement of how the proposal meets the Required Findings in Section 19.23.040.B below;

5.

If an Incentives project applicant proposes a Development Agreement (DA), the DA must accompany the Conditional Use Permit application materials filed for such Incentives proposal. If the proposed DA is not ultimately approved by the City Council and executed by the City and the applicant, the Conditional Use Permit Incentives application shall be deemed denied; and

6.

Such other information as may be required by the Zoning Administrator.

B.

Required Findings. A decision to approve a use permit under the Incentives Program shall be based on written findings that the approved incentives are in the public interest and are desirable to the public convenience and welfare and will substantially promote the purposes of the Incentives Program as described in Section 19.23.010. In making this determination, the following factors shall be considered:

1.

What features of the proposed development are desirable and warrant the incentives authorized;

2.

How such features will enhance the quality of life in the City;

3.

How such features substantially exceed the minimum requirements of the Zoning Ordinance, General Plan, and/or other relevant State and local codes, requirements or policies;

4.

How approval of the incentives will aid the optimum use of land as defined by the General and/or Specific Plans;

5.

How approval of the incentives will help implement the goals and objectives specified in the General Plan, Specific Plans and/or other Council adopted goals, plans and policies.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.24 - OFF-STREET PARKING AND LOADING

Sections:

This Chapter provides off-street auto parking, loading, and bicycle parking standards to:

A.

Ensure that sufficient off-street parking and loading facilities are provided to meet the needs created by new land uses and by major alterations and enlargements of existing uses.

B.

Provide safe and orderly circulation, loading, unloading, parking, and vehicle storage within parking areas, and minimize conflicts between pedestrian and vehicular circulation.

C.

Encourage the development of common parking areas and common access for adjoining lots.

D.

Contribute to a balanced transportation system with choice of transit, bicycle, pedestrian, and private automobile modes.

E.

Ensure that business areas have adequate pedestrian and bicycle facilities.

F.

Reflect the parking needs of diverse housing types desired in the General Plan.

G.

Minimize non-residential parking intrusion into residential neighborhoods.

(Ord. 2008-2 Div. II (part), 2008.)

The regulations of this Chapter apply to:

A.

New development, and

B.

Any alterations or additions to an existing building or change in use that increases the number of parking spaces required by this Chapter by more than 10 percent of the total number of required spaces before the alteration or enlargement.

(Ord. 2008-2 Div. II (part), 2008.)

The design, location, and surfacing of required parking shall be subject to design review for all projects except for single-family dwellings, which shall be reviewed by staff.

(Ord. 2008-2 Div. II (part), 2008.)

19.24.040 - Required off-street parking spaces.

Off-street motor vehicle parking shall be provided in all residential, commercial and other districts in accordance with the following provisions:

A.

Number of Spaces Required. Each land use shall be provided at least the minimum number of off-street parking spaces stated in Table 19.24-A, except where a parking reduction has been granted in compliance with Section 19.24.050.

B.

When Constructed. Off-street parking facilities and off-street loading facilities required by this Chapter shall be provided prior to the issuance of a Certificate of Occupancy for the use they serve.

C.

Calculation of Required Spaces.

1.

Fractions. If a calculation of the number of required off-street parking spaces results in a fraction that is 0.50 or higher, the fraction shall be rounded up to the next whole number. If such calculation results in a fraction that is less than 0.50, the fraction shall be rounded down to the preceding whole number. For example, if computed requirements equal 9.5 spaces, 10 spaces will be required. If computed requirements equal 9.4 spaces, 9.0 spaces will be required.

2.

Floor Area. Where an off-street parking or loading requirement is stated in Table 19.24-A as a ratio of parking spaces to floor area, floor area is assumed to be gross floor area, unless otherwise stated.

3.

Employees. Where an off-street parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

D.

Small Commercial Uses Exempt. Notwithstanding any other provision of this Section, the following commercial uses are not required to provide off-street parking when they contain less than 1,500 square feet of floor area: Retail Sales, Personal Services, Eating and Drinking Establishments, Offices - Medical and Dental, Offices —

Business and Professional — Walk-in Clientele, and Banks and Financial Institutions. However, when more than four such establishments are located on a single lot, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking.

E.

Reduced Parking for Uses Located Near Major Transit Stations. For any land use except Single-Family Dwelling, Second Unit, and Two Family Dwelling, if any portion of a lot is located within one-quarter (¼) mile of a Bay Area Rapid Transit (BART) station, the number of normally required parking spaces stated in Table 19.24A is reduced by 25 percent. Additional reductions of required spaces may be approved with a Use Permit pursuant to Section 19.24.050.

F.

Parking Requirement for Uses Located on the Theater Block Fronting San Pablo Avenue. The Theater Block shall be defined as the block bounded by San Pablo Avenue to the west, Fairmount Avenue to the south, Central Avenue to the north and Kearney Street to the east. The provisions of required parking spaces, as stated in Table 19.24-A, are eliminated for any commercial land uses, within existing building footprints, including new development renovations, or change of occupancy of buildings on the Theater Block that front on San Pablo Avenue.

G.

Multiple Land Uses. When two or more primary uses are located on the same lot or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses, except where a use permit for shared parking is approved.

H.

Uses Not Specified. In the case of a land use for which off-street parking requirements are not specified in this Section, the Zoning Administrator shall establish a requirement considering the parking requirements for the most nearly similar use for which off-street parking requirements are specified, and any other relevant studies and data regarding parking demand.

I.

Substitution of Compact for Standard Parking Stalls. 15 percent of required spaces may be compact spaces. However, only 5% of required spaces serving the following uses may be compact size: Building Materials and Services, and Home Improvement Sales and Service. Required dimensions for standard-size and compact spaces are stated in Tables 19.24-B and 19.24-C. Compact spaces shall be evenly distributed throughout the parking areas they are within.

TABLE 19.24-A

REQUIRED PARKING

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2010-05, § 1, 4-19-2010; Ord. No. 2017-04, § 3, 6-6-2017; Ord. No. 2021-03, § 6, 11-16-2021)

19.24.050 - Parking reductions.

The required number of parking spaces may be reduced in accordance with the following provisions.

A.

Shared Parking.

1.

Use Permit for Shared Parking. A use permit may be approved for shared parking facilities serving more than one use on a site or serving more than one property. The use permit may allow for a reduction of the total number of spaces required by this Chapter if the following findings are made:

a.

The peak hours of parking demand from all uses do not coincide so that peak demand will be greater than the parking provided;

b.

The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.

2.

Shared Parking Agreement. A written agreement between the landowner(s) and the City that runs with the land shall be filed, in a form satisfactory to the City Attorney, and including:

a.

A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended use permit;

b.

A guarantee among the business operators and the landowner(s) for access to and use of the shared parking facilities;

c.

Evidence that the agreement has been recorded in the County Recorder's office.

B.

Other Parking Reductions. Required parking for any use except a Single Family Dwelling, Second Unit, or Two Family Dwelling may be reduced through approval of a use permit by the Planning Commission.

1.

Criteria for Approval. The Planning Commission will only grant a Conditional Use Permit for reduced parking if it finds that the project meets all of the Conditional Use Permit criteria in Chapter 19.34, Use Permits and that three or more of the following are true:

a.

The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working or visiting the

site; or because the applicant has undertaken a transportation demand management program that will reduce parking demand at the site.

b.

Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

c.

The project furthers the implementation of land use or redevelopment goals of the El Cerrito General Plan more effectively than the project would if it met the parking standards of this Chapter.

d.

The site plan is consistent with the objectives of the zoning district, and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above, or enclosed parking on the ground floor.

e.

The applicant has provided onsite parking for car share vehicles via recorded written agreement between the landowner and the City that runs with the land. Agreement shall provide for proof of a perpetual agreement with a car share agency to provide at least one car share vehicle onsite.

2.

Application Submittal Requirements. In order to evaluate a proposed project's compliance with the above criteria, the Zoning Administrator may require submittal of a Parking Demand Study that substantiates the basis for granting a reduced number of spaces and includes the following information:

a.

Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use;

b.

Existing parking surveys of the surrounding area;

c.

Trip generation rates expected for existing and proposed development;

d.

A description of any Transportation Demand Management Program that would result in reduced parking demand through measures such as preferential carpool spaces, telecommuting or staggered works shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, significant measures for the use of clean air or alternative full vehicles, bicycle trip-end facilities, provision of shuttles to transit stations, or other measures; and

e.

The lot or business owner's plan to reasonably provide alternative solutions to off-street parking on the lot.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Applicability. The standards of this section shall apply to all required parking spaces as well as spaces provided in excess of the minimum requirements.

B.

Property on Which Parking and Loading Must Be Provided. Required off-street parking spaces and loading berths must be located on the same lot as the use they serve, except:

1.

When shared parking consistent with Section 19.24.050(A) has been approved; or

2.

Upon the granting of a use permit by the Planning Commission, parking may be located within 300 feet of the use served. The Planning Commission shall only approve a use permit for parking located on a different lot than the use served if it finds that the parking will be convenient and accessible to residents, employees, or patrons of the use. The owners of both lots shall prepare and execute to the satisfaction of the City Attorney, and file with the Contra Costa County Recorder, an agreement guaranteeing that parking facilities will be maintained and reserved for the use served, for the duration of such use.

C.

Minimum Parking Space Dimensions - Standard. Off-street parking spaces shall have the minimum dimensions stated in Table 19.24-B, according to the angle of spaces in relation to adjacent aisles. The minimum basic dimension of a standard-size parking stall shall be nine feet by 18 feet. In addition, any parking space located adjacent and parallel to a wall or other solid barrier shall be at least 11 feet wide. See Figure 19.24-A.

TABLE 19.24-B

PARKING AREA SPACE DIMENSIONS FOR AUTOMOBILES — STANDARD SPACES

• Most frequently used angles.

==> picture [279 x 599] intentionally omitted <==

D.

Minimum Parking Space Dimensions — Compact. Compact parking spaces, where permitted by this Zoning Ordinance, shall have the minimum dimensions stated in Table 19.24-C, according to the angle of spaces in relation to adjacent aisles. The minimum basic dimension of a compact-size parking stall shall be eight feet by 16 feet. In addition, any compact parking space located adjacent and parallel to a wall or other solid barrier shall be at least 10 feet wide. The maneuvering aisle width listed in the table applies only where compact

spaces are designated on both sides of a one-way aisle. All other aisle widths must meet corresponding standard aisle width requirements. Each compact space shall be clearly and distinctively marked as a compact space.

TABLE 19.24-C

PARKING AREA SPACE DIMENSIONS FOR AUTOMOBILES — COMPACT SPACES

• Most frequently used angles.

1 Aisle width applies only to where compact spaces are double-loaded on both sides of a one-way aisle. All other aisle widths must meet corresponding standard aisle width requirements.

2 Parking area width where all spaces are both sides of the aisle are compact spaces.

E.

Standards for Handicapped Parking Spaces. Parking spaces designated for persons with disabilities shall comply with Chapter 11B of the California Building Code or any successor regulations.

F.

Access to Spaces. Except where otherwise specified by this Zoning Ordinance, each parking space shall have unobstructed access from a street or from an aisle or drive connecting with a street without requiring moving another vehicle. However, required parking spaces for any dwelling unit may be arranged in tandem, so long as parking required for any dwelling unit is arranged independently from parking serving any other dwelling unit, with unobstructed access from a street for at least one of the spaces required for each dwelling unit. Notwithstanding the requirements above, parking spaces for accessory dwelling units may be tandem, per the requirements of Section 19.20.190. Tandem parking for commercial uses is prohibited, unless it is for valet parking.

G.

Vertical Clearance. A minimum height of 14 feet shall be maintained clear of obstructions from the parking surface to any structure or landscape feature above that may interfere with the safe passage of vehicles, except within garages, carports, or parking structures, where the minimum clearance shall be eight feet six inches.

H.

Direction of Vehicle Ingress/Egress. Off-street parking areas shall allow vehicles to enter and exit from or onto a public street by a forward motion only. Off-street parking areas for Single Family Dwellings, Accessory Dwelling Units, and Two Family Dwellings are exempted.

I.

Pedestrian Walkways.

1.

Materials. Where a pedestrian walkway crosses parking areas, it must be clearly identifiable through the use of elevation changes, calming measures such as speed bumps, a different paving material, or other similar method. Striping does not meet this requirement. Elevation changes and speed bumps designed to meet this requirement must be at least four inches high.

2.

Separation. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used, it must be at least six inches high and the ends of the raised portions must be equipped with curb ramps. Bollard spacing must be no further apart than five feet on center.

J.

Surfacing. All parking areas shall be improved with surfacing such as asphalt, concrete, or a comparable permanent nonabsorbent surface. Other surfacing may be permitted subject to approval by the Public Works Department and the Design Review Board.

1.

Landscaping In-lieu of Paving. A maximum of two feet of the parking stall depth may be landscaped with lowgrowth, hardy materials in-lieu of paving, allowing a bumper overhang while maintaining the required parking dimensions. However, the overhang area shall not be counted as part of the minimum required perimeter or interior landscaping. See Figure 19.24-B.

==> picture [210 x 186] intentionally omitted <==

K.

Drainage. Parking and loading areas shall be designed and constructed:

1.

So that surface water will not drain over sidewalks or adjacent parcels; and

2.

In compliance with the storm water quality and quantity standards of the City's best management practices.

L.

Landscaping. All parking areas shall be landscaped according to the provisions of Section 19.25.060.

M.

Screening. Where a parking lot is adjacent to a public right-of-way, it shall be screened according to the standards in Section 19.25.060(E).

N.

Lighting. Adequate lighting shall be provided for the illumination and protection of the premises. Lighting shall be directed away from adjacent streets and properties. All light standards and luminaries shall be clearly identified on all site plans. Lights shall not blink, flash, change intensity, or cause glare. String lights are prohibited. The type of lighting (e.g., mercury vapor, sodium vapor, fluorescent, etc.) shall be approved by the Design Review Board.

O.

Wheel Stops and Curbing. Concrete curbing at least six inches high and six inches wide, with breaks to allow on-site drainage, shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in-lieu of continuous curbing when the parking is adjacent to a landscaped area and the drainage is directed to the landscaped area. Alternative barriers designed to protect landscaped areas from vehicle damage may be approved by the Zoning

Administrator and Public Works Department. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.

P.

Markings. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so as to be readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas.

Q.

Utilization of Required Parking Spaces. Storage of merchandise, cartons, trash, equipment or other materials shall not be permitted in required parking areas, driveways, or landscaped areas.

R.

Internal Circulation. The design of the parking facility shall provide an internal circulation pattern that is safe and efficient for motorists and pedestrians as determined by the City Engineer.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XIII, 4-20-2009; Ord. No. 2017-04, § 3, 6-6-2017)

19.24.070 - Driveways.

A.

Driveway Width. Minimum and maximum driveway widths are prescribed in the base zoning district regulations.

B.

Driveway Separation. Driveways serving the same parking facility shall be located at least 35 feet apart.

C.

Driveway Visibility. Visibility of a driveway crossing a street property line shall not be blocked at or above a height of 3.5 feet for a depth of ten feet from the street property line as viewed from the edge of the right-ofway on either side of the driveway at a distance of ten feet or at the nearest property line intersecting the street property line, whichever is less. See Figure 19.24-C.

==> picture [151 x 212] intentionally omitted <==

(Ord. 2008-2 Div. II (part), 2008.)

A.

Required Loading Spaces for Delivery and Distribution. A building, or part thereof, having a floor area of 10,000 square feet or more that is to be occupied by any use requiring the receipt or distribution by vehicles or trucks of material or merchandise must provide at least one off-street loading space, plus one additional such loading space for each additional 40,000 square feet of floor area. The off-street loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck-maneuvering areas must not encroach into required parking areas, travelways, or street rights-of-way.

B.

Required Loading Spaces for Customers. Customer loading spaces allow bulky merchandise to be loaded into customers' vehicles. Each Home Improvement Sales and Service use shall provide at least two customer loading spaces per business establishment or one customer loading space per 40,000 square feet of floor area, whichever is greater. Customer loading spaces shall be located adjacent to the building or to an outdoor sales area where bulky merchandise is stored and shall be clearly visible from the main building entry or through directional signage visible from the main entry. Customer loading spaces shall be not be located in such a way that they impede on-site or off-site traffic circulation, as determined by the Director of Public Works.

C.

Standards for Off-street Loading Spaces.

1.

Minimum Size. Each off-street loading space required by this Section must be not less than 12 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. Loading spaces for customers may be 12 feet wide, 26 feet long, and 12 feet high.

Driveways for Ingress and Egress and Maneuvering Areas. Each off-street loading space required by this Section must be provided with driveways for ingress and egress and maneuvering space adequate for trucks, per City standards.

3.

Location of Loading Areas. An off-street loading space (excluding loading spaces for customers) required by this Section must not be located closer than 30 feet to any lot or parcel of land in a residential district, unless such off-street loading space is wholly enclosed within a building or on all sides by a wall not less than eight feet in height. Except in industrial districts, a loading door or loading dock that is visible from a public street must be screened with an 8-foot-high, solid masonry or other sound-absorbing wall, with landscaping planted between the wall and the right-of-way.

4.

Idling. Idling of vehicles loading or unloading shall be limited to a maximum of five minutes.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Applicability. Bicycle parking shall be provided for all new construction, additions of 10 percent or more floor area to existing buildings, and changes in land use classification. Single family homes, duplexes and multifamily dwellings of less than four units are exempt.

B.

Definitions.

1.

Long-Term Bicycle Parking. Long-term bicycle parking serves employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

2.

Short-Term Bicycle Parking. Short-term bicycle parking serves shoppers, customers, messengers, and other visitors to a site who generally stay for a short time.

C.

Number of Required Bicycle Parking Spaces. The required minimum number of bicycle parking spaces for each use category is shown on Table 19.24-D. Uses that are not listed in the table are not required to provide shortterm bicycle parking. Uses that are not listed in the table or for which no long-term spaces are prescribed are not required to provide long-term bicycle parking unless there are 50 or more employees, in which case, one long-term space shall be provided for each 25 employees.

TABLE 19.24-D REQUIRED BICYCLE PARKING

(Ord. 2008-2 Div. II (part), 2008.)

A.

Standards for Short-term Bicycle Parking. Required short-term bicycle parking must meet the standards of subsection (C) below as well as the following standards:

1.

Location. Short-term bicycle parking must be located:

a.

Outside a building, in a designated interior location near the principal entrance of a building, or in a parking structure that serves the subject use; and

b.

Within 50 feet of an entrance to the building it serves. However, in the case of a multi-tenant shopping center, bike parking for the center must be located within 50 feet of an entrance to each anchor store.

2.

Size. Each required short-term bicycle parking space must be at least two feet by six feet.

B.

Standards for Long-term Bicycle Parking. Required long-term bicycle parking must meet the standards of subsection (C) below as well as the following standards:

1.

Location. Long-term bicycle parking must be located on the site of the use it serves.

2.

Covered Spaces. At least 50 percent of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

3.

Security. To provide security, long-term bicycle parking must be in at least one of the following locations:

a.

In a locked room;

b.

In an area that is enclosed by a fence with a locked gate. The fence must be either eight feet high, or be floorto-ceiling;

c.

Within view of an attendant or security guard;

d.

Within 100 feet of an attendant or security guard;

e.

In an area that is monitored by a security camera;

f.

In an area that is visible from employee work areas; or

g.

Within a dwelling unit, dormitory or other group housing unit, live/work unit, or artists' studio. If long-term bicycle parking is provided within a unit, neither long-term racks nor lockers are required.

C.

Standards for All Bicycle Parking.

1.

Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers must be securely anchored.

2.

Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks must meet the following standards:

a.

The bicycle frame and one wheel can be locked to the rack with a high-security U-shaped shackle lock if both wheels are left on the bicycle;

b.

A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and

c.

The rack must be securely anchored.

3.

Parking and Maneuvering Areas.

a.

Each required bicycle parking space must be accessible without moving another bicycle;

b.

There must be an aisle at least five feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and

c.

The area devoted to bicycle parking must be hard surfaced.

4.

Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the parking.

5.

Security Lighting. Bicycle parking areas shall be lit in accordance with the lighting performance standards in Section 19.21.050. All exterior bulbs shall be protected by weather- and-vandal resistant covers.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.25 - LANDSCAPING AND BUFFER YARDS

Sections:

The purposes of the landscaping regulations are to:

A.

Improve the appearance of the community by requiring aesthetically designed landscaping on public and private sites;

B.

Preserve existing significant trees and tree groupings where possible;

C.

Improve the appearance of streetscapes and roadways through the planting of street trees;

D.

Soften the appearance of parking lots through landscaping;

E.

Encourage indigenous and drought-tolerant species that reduce water usage and are compatible with El Cerrito's climate;

F.

Require ongoing maintenance of landscaping.

(Ord. 2008-2 Div. II (part), 2008.)

The standards of this Chapter apply to all areas that are required to be landscaped. The landscaping standards must be met for all new development, and for additions that expand existing floor area by 15 percent or more, except for new construction of or additions to Single Family Dwellings, Second Units, or Two Family Dwellings. Reduced requirements for landscaping for an addition of 15 percent or more to an existing use or structure may be permitted upon the granting of a Conditional Use Permit.

(Ord. 2008-2 Div. II (part), 2008.)

19.25.030 - Landscape and irrigation plans.

A.

Information Required. For all projects for which landscaping is required, a landscape and irrigation plan shall be submitted as part of the permit application. A landscape plan shall be drawn to scale and shall at a minimum indicate: proposed plant locations, species, and sizes; any additional landscape features; proposed irrigation systems; and any measures to facilitate plant growth or control erosion.

B.

Alternative Landscape and Irrigation Plan. An applicant who can demonstrate that the intent of Section 19.25.010 can be exceeded, in whole or in part, through a modification of the standards of this Chapter, may submit an Alternative Landscape and Irrigation Plan (ALP) prepared in accordance with the following principles and design criteria. The ALP shall include a narrative that clearly details the modifications being requested and explains how they are superior to standard requirements and how they meet the landscape design principles listed below.

1.

Design Principles. To qualify for consideration, an Alternative Landscape and Irrigation Plan shall demonstrate the following principles:

a.

Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use achieving a better overall design solution then would be created under the landscaping standards of this chapter.

b.

Preservation or incorporation of existing native vegetation.

c.

Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.

d.

Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design, this may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided.

e.

Use of additional shade trees to create a greater canopy effect.

f.

A greater degree of compatibility with surrounding uses than a standard landscape and irrigation plan would offer.

(Ord. 2008-2 Div. II (part), 2008.)

The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations:

A.

Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped. This requirement does not apply to the TOM.

B.

Parking Lots. Parking lots must be landscaped as provided in Section 19.25.060.

C.

Buffer Yards. Required buffer yards must be landscaped as provided in Section 19.25.090.

D.

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Materials.

1.

General. Landscaping may consist of a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.

2.

Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Nonplant materials such as gravel, colored rock, cinder, bark, and similar materials may not be used to meet the minimum planting area requirements required by this article, except with approval of an Alternative Landscape Plan. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

3.

Turf Allowance/Drought-Tolerant Materials. The maximum amount of lawn in required landscape areas shall be 30 percent for non-residential uses and 50 percent for residential uses except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The use of drought-tolerant plant materials is strongly encouraged. Plant materials shall be grouped by common irrigation needs.

4.

Size and Spacing. Plants shall be of the following size and spacing at the time of installation:

a.

Ground Covers. Ground cover plants other than grasses must be at least four-inch pot size or flats. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center. Flats shall be planted on 6 inch centers or as designated by planting recommendation for subject species.

b.

Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.

c.

Trees. Trees shall be a minimum of 15 gallons in size with a one-inch trunk diameter at breast height (dbh) or as otherwise conditioned by the Design Review Board.

B.

Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

C.

Existing Trees. Existing healthy trees shall be maintained whenever possible. Existing trees meeting size requirements and consistent with any applicable limitations on tree species within the Municipal Code may be counted toward required landscaping. Existing trees that are to remain shall be protected from root damage during construction.

D.

Drivers' Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety. See Section 19.24.070(C).

E.

Irrigation. An irrigation system shall be installed that consists of underground piped water lines with low water flow sprinklers and/or drip or trickle irrigation systems. The irrigation system shall be designed and installed to provide adequate coverage to all plant material by a license landscape architect or contractor.

(Ord. 2008-2 Div. II (part), 2008.)

19.25.060 - Parking lot landscaping standards.

Parking lot landscaping shall conform to all of the general standards of Section (19.25.050) above, as well as the following: (See Figure 19.25-A).

A.

Landscape Area Required. A minimum of 15 percent of the parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot area shall include parking and loading spaces and adjacent paved areas, aisles, and auto entry and exit areas. Internal pedestrian access ways may be excluded from the parking lot area used to calculate required landscaping. On-site landscaped setbacks or buffer areas located between a parking lot and adjacent public right-of-way, public sidewalk, or interior lot line, as required by Subsections (E) and (F) below may be counted toward the required parking lot landscaping. Planting strips located within the right-of-way may not be counted toward required parking lot landscaping. All parking lot landscape area dimensions are exclusive of curbs.

B.

Required Trees. A minimum of one 15-gallon tree shall be provided within the parking lot area for every four parking spaces. Trees required as part of a buffer yard per Section 19.25.090(D)(2) shall not count toward fulfilling this requirement.

C.

Layout. Landscaped areas shall be distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of landscaped strips at least five feet wide between rows of parking stalls, landscaped strips between parking areas and adjacent buildings or internal pedestrian walkways, landscaped islands located between parking stalls or at the ends of rows of parking stalls, and on-site landscaping at the parking lot perimeter, as long as the following minimum requirements are met:

1.

Landscaped Islands. A landscaped island at least six feet wide and 18 feet deep or equivalent area shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls in any residential development or any mixed-use development in which residential units overlook on-site parking areas, and between every 10 stalls in any non-residential development. One tree of at least 15-gallon size shall be located in each landscaped island.

2.

Landscaped Separation between Parking Areas and Buildings. No parking space shall directly abut an exterior building wall. A landscaped area at least five feet wide shall be provided between any parking stall and adjacent building or walkway.

D.

Size of Tree Planting Spaces. Anywhere that an individual tree is planted in a space surrounded by pavement, the planting area must have a minimum interior dimension of five square feet.

E.

Landscaped Buffer for Open Parking Abutting Public Right-of-Way. A landscaped area at least 10 feet wide shall be provided between any surface parking lot and any adjacent public sidewalk or street. Alternatively, a landscaped area at least five feet wide may be provided in conjunction with a solid screening wall at least two and one half to three and one half feet tall. Such screening wall shall be composed of brick, stone, stucco, or other quality durable material approved by the Zoning Administrator, and shall include a decorative cap or top finish as well as edge detail at all wall ends. Smooth concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Zoning Administrator.

==> picture [395 x 469] intentionally omitted <==

F.

Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least five feet wide shall be provided between any surface parking area and any adjacent lot or lots for the length of the parking area. Such landscaped area may overlap or be continuous with any buffer yard required by Section 19.25.090.

G.

Protection of Vegetation.

1.

Design. All required parking lot landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.

Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. No planter, except building perimeter planters, shall be smaller than 25 square feet in area, or five feet in any horizontal dimension, excluding curbing.

3.

Clearance. Landscaping in planters at the end of parking aisles shall not obstruct drivers' vision of vehicular and pedestrian cross traffic. Mature trees shall have a foliage clearance of eight feet from the grade of the parking area, with other plant materials not to exceed 26 inches in height.

4.

Walkways. Clear access paths through planters from parking areas shall be provided via stepping stones, tiles, bricks or other materials to protect plantings from pedestrian traffic.

(Ord. 2008-2 Div. II (part), 2008.)

Street trees shall be provided at a ratio of at least one tree for each 30 feet of public street frontage or as determined by the Public Works Department, unless a greater number of trees is specified in the zoning district regulations. Street tree locations shall be subject to approval by the Public Works Director. Street trees shall comply with Sections 13.28.010 through 13.28.090 of the El Cerrito Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

19.25.080 - Landscape installation and maintenance.

A.

Consistency with Approved Plans. All landscaping shall be installed and maintained consistent with approved plans and specifications.

B.

Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for a project. Alternatively, required landscaping may be installed within 120 days of the issuance of a certificate of occupancy if a surety in the amount equal to 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, is filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, shall provide for payment to the City of any costs incurred in contracting for completion of the required landscaping. All required fences and walls shall be permanently maintained in good condition and repaired or replaced when necessary to ensure continued compliance with the requirements of this Section.

C.

Maintenance. All planting and irrigation systems shall be maintained in good condition. Maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with approved landscape plans and applicable landscaping requirements. Trees shall be maintained by property owners to be

free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing significant damage, as determined by the Zoning Administrator shall be replaced with another tree of comparable size (diameter at breast height) or value. Landscape maintenance agreements shall be required for all commercial, mixed use and multi-family residential projects.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Purpose. These provisions are intended to minimize or eliminate conflicts between potentially incompatible but otherwise permitted land uses on adjoining lots through a combination of setbacks and visual screening.

B.

Applicability. The buffer yard standards of this Section shall apply to:

1.

All new development on vacant land.

2.

Redevelopment or expansion of existing development by 15 percent or more of existing floor area, except for new construction of single family units, accessory dwelling units, or two family dwellings.

3.

Any change from a residential use to a commercial or industrial use, a commercial use to an industrial use; or any other change from one land use classification to another non-residential land use classification that increases development intensity and results in increased traffic, processes, noise, or pollution, as determined by the Zoning Administrator.

C.

Exceptions.

1.

Where a proposed use is separated from an existing use by a public right-of-way, drainage channel, or stream corridor, no buffer yard is required provided such right-of-way, stream corridor, or major body of water or waterway is at least equal in width to the required buffer yard.

2.

Where a development lot is 25 feet or less in width, a six-foot high solid masonry wall may be provided in lieu of any required buffer yard.

3.

Compliance with the buffer yard standards shall not necessitate the demolition or relocation of any portion of any existing building.

4.

Other exceptions to the standards of this section may be granted with a Conditional Use Permit.

D.

Required Buffer Yards — Minimum Dimensions and Standards. Required buffer yards are indicated in Table 19.25-A. A buffer yard shall be provided on any lot containing a use listed in the first column of Table 19.25-A when it abuts a lot containing a use listed in the second column of the same row. Buffer yards shall consist of both a landscaped area and a solid wall in the dimensions prescribed in the table and shall comply with all applicable standards of this subsection. See Figure 19.25-B.

TABLE 19.25-A REQUIRED BUFFER YARDS

1.

Location. Required buffer yards shall be developed along the perimeter of the lot and extend inward from the property line of the project site as illustrated in Figure 19.25-B.

2.

Landscaping of Required Buffer Yards. Buffer yards shall be planted with a mix of trees, a minimum of 15 gallons in size, and shrubs. At least one tree shall be planted per 20 lineal feet or as appropriate to provide a tree canopy over the buffer yard. In addition, three shrubs shall be planted per 20 lineal feet.

==> picture [371 x 141] intentionally omitted <==

3.

Walls. Industrial uses must provide a solid screening wall of sound absorbing stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel or a dense hedge of at least 95 percent opacity that provides a year-round evergreen barrier, or other substantially equivalent material.

4.

Uses of Buffer Yards. Buffer yards may be used as yards, open space, or natural areas, or for any use that does not interfere with its effectiveness as a buffer between potentially incompatible uses. Buffer yards shall not be used for parking, driveways, trash enclosures, mechanical equipment, or as a building area.

5.

Buffer Yard Plan. A buffer yard plan shall be submitted in conjunction with other application materials for a permit. A buffer yard plan shall show the location of all buffer yards on the project site, proposed plant locations, a plant list and key, and existing and proposed structures on the site. Where a landscaping plan is also required, the buffer yard plan may be incorporated into the landscaping plan.

6.

Maintenance. All required planting shall be permanently maintained in good growing condition and replaced with new plant materials when necessary to ensure compliance with applicable standards. All required walls and irrigation systems shall be permanently maintained in good condition and repaired or replaced when necessary to ensure continued compliance with the requirements of this Section.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2017-04, § 3, 6-6-2017)

Chapter 19.26 - SIGN REGULATIONS

Sections:

The specific purposes of the sign regulations are to:

A.

Promote and aid in the identification, location, and advertisement of goods and services.

B.

Enhance the City's ability to attract sources of economic development and growth by providing a system of sign regulation.

C.

Promote an attractive, positive image of the City.

D.

Preserve the residential character of residential neighborhoods and prevent the confused and disorderly appearance of commercial areas.

E.

Ensure that building signs are compatible with the scale and character of buildings.

F.

Minimize the possible adverse effect of signs on nearby public and private property.

G.

Improve pedestrian and traffic safety by reducing the distractions, hazards, and obstructions that result from improperly designed or located signs.

(Ord. 2008-2 Div. II (part), 2008.)

The provisions set forth in this Chapter shall apply in all zoning districts of the City, except where expressly stated otherwise. No sign shall be erected or maintained anywhere in the City except in conformity with this Chapter.

(Ord. 2008-2 Div. II (part), 2008.)

The design review requirements of Section 19.26.090 shall not apply to the following signs, nor shall the area of such signs be included in the maximum area of signs permitted for any site or use:

A.

Address Signs. Required address identification signs that are in conformance with the Building Code.

B.

Change of Business Signs. A temporary attachment or covering of wood, plastic, or canvas over a permanent sign indicating a change of ownership or activity may be displayed for no longer than 30 days following the change of ownership or activity for which the sign is intended. The sign shall be no larger than the previously permitted permanent sign.

C.

Construction Signs. A temporary construction sign may be erected on a construction site for the duration of construction activities provided that it is immediately removed after issuance of a Certificate of Occupancy or Certificate of Completion for the project, or abandonment of work. A temporary construction sign may not exceed 32 square feet in area and eight feet in height within commercial, mixed-use, or other non-residential zones or eight square feet in area and five feet in height within residential zones.

D.

Interior Signs. Signs that are located in interior areas of a building or site and are not visible from public streets or adjacent properties. For the purpose of this regulation, "visible" means legible to a person of ordinary eyesight (with vision adequate to pass a state driver's license exam) standing at ground level at a location on the public right-of-way or other private property.

E.

Official Government Signs. Official notices issued by a court, public body or office; official notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; public hearing or meeting notices; seismic warning signs, or other signs required or authorized by law.

F.

Commemorative Signs. Commemorative plaques, memorial signs or tablets, or signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, provided that no such sign exceeds three square feet in area.

G.

Parking and Directional Signs. On-site parking and directional signs not exceeding three square feet in area and limited to directional messages such as entrance/exit locations or instructions to direct on-site traffic circulation.

H.

Informational Signs. Noncommercial informational signs located wholly on private property not exceeding one square foot in area erected for the immediate convenience of the public, such as signs identifying rest rooms, public telephones, walkways, and similar features or facilities.

I.

Time and Temperature Devices. Time and temperature devices, not higher than permitted signs, located wholly on private property and bearing no commercial message.

J.

On-Site Real Estate Signs. On-premises signs conveying information about the sale, rental, or lease of the appurtenant lot, premises, dwelling, or structure, provided that they comply with the following standards:

No more than one real estate sign per public street frontage per lot is displayed at any one time;

2.

The sign or signs do not exceed an aggregate area of 32 square feet within commercial, mixed-use, or other non-residential zones or six square feet in area within residential zones;

3.

The sign or signs are not illuminated; and

4.

The sign or signs are removed within seven days after the sale, lease, or rental of the property has been completed.

5.

Real estate signs are not permitted in the public right-of-way.

K.

Vehicle Signs. Signs painted, stenciled or similarly affixed to the surface of vehicles.

L.

Window Signs. Window Signs, subject to the following provisions:

1.

In residential zones and on residential properties, window signs not exceeding 20 percent of the area of window and transparent door frontage on any building facade, and subject to the requirements of Residential Signs.

2.

In commercial and mixed-use zones, window signs not exceeding 20 percent of the area of window and transparent door frontage on any building facade. Any sign either hung within two feet of a window or attached to a display located within two feet of a window is considered a window sign.

M.

Barber Poles. Barber poles not exceeding six feet in height, located wholly on commercial private property and bearing no lettering.

N.

Newspaper Stands. Signs that are part of newspaper stands, provided the sign area does not exceed six square feet.

O.

Decorative Holiday Displays. Noncommercial decorative holiday displays, provided that such displays are removed within 45 days of their installation.

P.

Bus Shelter and Bus Bench Signs. Signs on a public bus bench, public bus shelter, or any waste bin attached to a public bus bench or public bus shelter, which convey a commercial message as their primary purpose and that are authorized by a contract or franchise agreement with the applicable transit agency.

(Ord. 2008-2 Div. II (part), 2008.)

The following types of signs, materials, designs, messages, and locations are prohibited:

A.

Banners, Streamers, Pennants or Inflatable Signs. Banners, streamers, pennants, and other signs made of lightweight fabric or similar material, designed to rotate or move with the wind, except where expressly provided for in this Chapter. Signage or displays that are also inflatable are also prohibited. Notwithstanding any provision of this Chapter to the contrary, banners may be posted or otherwise affixed upon fences located at public schools. A permit shall not be required for such banners. No such banner shall exceed the dimensions of four feet by two and one half feet (4′ x 2½′). A maximum of five (5) banners shall be permitted upon any individual school property.

B.

Emissions. Signs that produce noise or sounds that can be heard at the property line, excluding voice units at menu boards, and signs that emit visible smoke, vapor, particles, or odor.

C.

Animated and Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs or signs with visibly moving or rotating parts or visible mechanical movement of any kind, either adjacent to or as an integral part of the display, unless expressly allowed by this Chapter.

D.

Signs Creating Traffic Hazards.

1.

Signs located in such a manner as to constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign or signal device, or signs that may be confused with any authorized traffic sign, signal, or device; or which makes use of the words "stop," "look," "danger," or any other word, phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers in their use of roads.

2.

Signs within five feet of a fire hydrant, street sign, or traffic signal if such placement could create a safety hazard.

3.

Signs placed or fixed so as to create obstruction, interference, or injury to passersby, residents, or occupants.

E.

Off-Premises Signs. Off premises signs, as defined in Chapter 19.47, except signs on a public bus bench, public bus shelter, or any waste bin attached to a public bus bench or public bus shelter which convey a commercial message as their primary purpose and are authorized by a contract or franchise agreement with the applicable transit agency.

F.

Roof Signs.

1.

Attached signs that extend above the roof line or parapet (whichever is higher) of a building with a flat roof.

2.

Attached signs that extend above the eave line of a building with a sloped, gambrel, gable or hip roof.

3.

Attached signs that extend above the deck line of a mansard roof, whether real or simulated.

4.

Signs on rooftop structures, such as penthouse walls or mechanical enclosures.

5.

However, signs that do not extend above the eave line of a sloped, gambrel, gable, or hip roof, that do not extend above the deck line of a mansard roof, that do not extend above the parapet (or the roofline if no parapet is present) of a flat roof are permitted subject to the standards of Section 19.26.050. See Figure 19.26A.

==> picture [371 x 204] intentionally omitted <==

G.

Signs in Right-of-Way. No sign, or supporting sign structure, may be erected in the public right-of-way, with the exception of: legal notices which are required by law to be placed upon public property to provide notice to the public; signs erected by a governmental body to promote public safety or direct or regulate pedestrian or vehicular traffic; public holiday lights and displays erected by a governmental body; district identification banners; signs or banners erected by a governmental body above streets or attached to lamp posts or utility poles, to promote or City sponsored activities or promotions; commercial signs on public bus benches and public bus shelters, which convey a commercial message as their primary purpose, as specifically authorized by a contract or franchise agreement with the applicable transit agency; portable A-frame signs subject to the standards of Section 19.26.050(C)(5); noncommercial bus stop signs erected by a public transit agency; and projecting signs that are attached to a building and project over the public sidewalk but provide at least eight feet of clearance above the sidewalk. Any sign located in a public right-of-way or projecting over a public sidewalk shall be placed only in a manner consistent with standards promulgated by the Public Works Department.

(Ord. 2008-2 Div. II (part), 2008.)

19.26.050 - Signs—Commercial, mixed-use, and other non-residential zones.

The regulations of this section apply to signs located in commercial, mixed-use, public/semi-public, open space, and any other non-residential zones.

A.

Maximum Aggregate Sign Area Per Site. The aggregate area of all signs on a single lot, excluding exempt signs for which no design review is required pursuant to Section 19.26.090(C), shall not exceed one square foot of sign area per lineal foot of public street frontage. However, in the special situations listed below, sign area is calculated as follows:

1.

Sites with Multiple Frontages. On sites with more than one frontage on a public street, maximum permitted sign area shall be calculated as follows:

a.

Where an interior lot fronts on two streets (a corner or "through lot"), either both the front and side, or front and rear lot lines as related to the applicable frontages may be used for calculating the allowable sign area.

b.

Where a lot has three or more frontages on a public street, the length of only two contiguous sides, one of which shall be the principal street frontage, shall be added together to determine allowable sign area.

2.

Multiple-Occupancy Commercial Sites with Limited Frontage. Where a commercial site for which a master sign program is required pursuant to Section 19.26.090(E) has a land area in excess of two acres, and public street frontage equal to 20 percent or less of the perimeter measurement of the site, the maximum allowable sign area for the site is as follows: One square foot of sign area per one lineal foot of public street frontage, plus one lineal foot of exterior building walls fronting on driveways and parking lots that are generally used for public

0(E) has a land area in excess of two acres, and public street frontage equal to 20 percent or less of the perimeter measurement of the site, the maximum allowable sign area for the site is as follows: One square foot of sign area per one lineal foot of public street frontage, plus one lineal foot of exterior building walls fronting on driveways and parking lots that are generally used for public

access and are located on the same site. Pedestrian-only passageways that are lined on both sides by building walls shall be considered interior spaces, and although signs may be placed on such walls, the area of such walls shall not be included in the calculation of the maximum allowable sign area for the site.

B.

Permitted Sign Types. Permitted sign types are listed in Table 19.26-A and defined in Chapter 19.47, Definitions, under "Sign Types." The signs erected on a site may be any combination of permitted sign types, subject to the limitations for individual sign types listed in this Section and any other provisions of this Chapter.

C.

Standards for Specific Sign Types. Signs shall conform to the standards listed in Table 19.26-A, as well as any additional standards.

TABLE 19.26-A

STANDARDS FOR SIGNS IN COMMERCIAL, MIXED-USE, AND OTHER NON-RESIDENTIAL ZONES

1.

Projecting Signs.

a.

Minimum Clearance. Projecting signs shall be located a minimum of eight feet above grade.

2.

Freestanding Signs.

a.

Minimum Setback from Property Line. Freestanding signs must be set back a minimum of five feet from any property line.

b.

Limitations in Driveway Median. Freestanding signs erected in a median within a driveway shall be set back a minimum of five feet from the face of the curb surrounding the median, or from the edge of adjacent pavement where no curb exists, and shall not interfere with driver visibility.

3.

Awning or Canopy Signs.

a.

Location. Awning and canopy signs are permitted only on the first and second floor of buildings. Awnings and canopies shall not cover transom windows or historic building elements. Awnings and canopies shall be aligned with windows and entries.

b.

Minimum Clearance. Awnings and canopies shall be located a minimum of eight feet above grade, measured from the lowest structural element of the awning or canopy.

c.

Non-Functional Awnings or Canopies. Awnings and canopies that project less than two feet from the building facade to which they are attached, or do not overhang a sidewalk or pedestrian walkway, are considered nonfunctional awnings or canopies. When signage is attached to or incorporated into non-functional awnings or canopies, the entire surface area of the face of the awning fronting a street or pedestrian walkway shall be considered the sign area.

Marquee Signs.

a.

Uses Allowed On. Marquee signs are allowed for theaters, cinemas, stadiums, auditoriums, or other public assembly facilities.

b.

Height. Subject to review and approval of the Planning Commission, a vertically-oriented marquee sign may project up to six feet above the roof line. The Planning Commission shall only approve a marquee sign extending above the roofline if it finds that the marquee sign is architecturally integrated with the building.

c.

Lighting. Notwithstanding any other provision of this Chapter, a marquee sign may include animated lights, subject to review and approval by the Design Review Board.

5.

Portable A-Frame Signs.

a.

A Portable A-Frame Sign is only permitted where building frontage is located within 10 feet of a public sidewalk.

b.

A Portable A-Frame Sign shall be located only in the space directly between the storefront and the curb so as to allow at least six feet clear for pedestrian passage along a public sidewalk or pedestrian walkway. The Public Works Department will determine whether or not the planned location for a portable A-Frame sign will require an Encroachment Permit and associated liability insurance.

6.

City Banners.

a.

City-issued banners that identify the city or specific commercial districts or signs or banners erected by a governmental body to promote public safety or City sponsored activities or promotions, may be posted by the City above streets or attached to lamp posts or utility poles.

b.

Banners located in the right-of-way shall be placed only in a manner consistent with standards promulgated by the Public Works Department.

7.

Signs — Minor Automobile/Vehicle Service and Repair Stations.

a.

Notwithstanding any other provision of this Chapter, the total sign area for all signs for any service station (Minor Automobile/Vehicle Service and Repair) use shall not exceed 100 square feet. No individual sign face shall have a surface area exceeding 50 square feet. No portion of any sign attached to or placed upon the wall or canopy of a service station structure shall exceed an elevation of 20 feet above finished grade at the base of the sign, and no portion of any freestanding sign or sign structure shall exceed an elevation of 20 feet above the finished grade of the lot at the base of the service station building.

b.

Accessory signs not more than 20 square feet in area or over five feet in height shall be permitted for fuel prices at Minor Automobile/Vehicle Service and Repair Stations, and these fuel price signs shall not count toward total allowable sign area nor shall the area of fuel price signs if they are part of a monument sign. Fuel price signs shall comply with the requirements of the State Business and Professions Code.

c.

In addition to any other applicable design criteria, signs for service stations shall only be approved if the review authority finds that the proposed signs are in architectural harmony with the total service station design theme.

8.

Flags.

a.

Each use may display a total of one flag per lot frontage. City and other government uses are exempt from this requirement.

b.

No flag displayed pursuant to this subsection shall exceed 12 square feet in area unless reviewed by the Design Review Board.

c.

Flags shall be suspended from flagpoles at a height of not less than 12 feet nor more than 40 feet.

d.

Flags poles and related structures designed to display a flag require a building permit, and must comply with other regulations of the applicable zoning districts.

D.

Substitution of Sign Message. Any of the Permitted Sign Types authorized by this Section, with the exception of signs placed at public bus benches and bus shelters and City banners, may contain non-commercial copy in lieu of any other copy.

(Ord. 2008-2 Div. II (part), 2008.)

The regulations of this Section shall apply to all residential zones, as well as Residential Uses located in nonresidential zones.

A.

Permitted Signs. In addition to the exempt signs listed in Section 19.26.030, the following signs are permitted in residential zones:

1.

Commercial Signs.

a.

One sign per site not exceeding six square feet indicating the presence on the property of:

i.

A permitted accessory use that is allowed signage, such as a Small Family Day Care,

ii.

An existing legal non-conforming non-residential use.

b.

One sign indicating the presence on the property of an approved, conditionally permitted use. Such signs shall not exceed 8 square feet in area, unless a greater area is specifically approved by the decision-making authority as part of administrative use permit approval.

2.

Subdivision Signs. A subdivision in a residential district shall be permitted to display a subdivision sign or signs not exceeding eight square feet in aggregate area. Such sign(s) must be attached to a wall, fence, or gateway structure, and integrated with the design of the structure.

3.

Flags. Each site may display a total of two (2) flags per frontage. No flag shall exceed 12 square feet in area nor contain commercial copy.

4.

Non-Commercial Signs.

a.

Residential Uses. Up to four noncommercial signs, with an aggregate area of no more than eight square feet, are allowed for each dwelling unit on a property. Notwithstanding the foregoing, no more than four noncommercial signs are permitted in the front yard or street-facing side yard of any residential property, whether single-family, two family, or multi-family.

b.

Existing Public, Semi-Public and Services Uses. One sign, not exceeding 8 square feet in area, unless a greater area is specifically approved by the decision-making authority as part of administrative use permit approval.

B.

Illumination. No sign governed by this Section shall be internally illuminated.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XIV, 4-20-2009)

19.26.070 - Temporary signs.

A.

Temporary Noncommercial Signs — Residential Zones and Uses. Up to four temporary noncommercial signs, each no larger than six (6) square feet in area, are permitted per dwelling unit. Notwithstanding the foregoing, no more than four such signs are permitted to be located in the front yard or street-facing side yard of any residential property, whether single-family, two-family, or multi-family. Temporary Non-Commercial Signs may be attached to freestanding sign structures no more than five feet in height, building walls, or fences. Temporary noncommercial signs must be removed or replaced within 60 days of placement.

B.

Temporary Noncommercial Signs — Non-Residential Zones and Uses. Temporary Noncommercial Signs meeting the requirements of this Chapter are permitted in commercial, mixed-use, and other non-residential zones. Temporary Noncommercial Signs must be removed or replaced within 60 days of placement, and each sign shall not exceed 32 square feet in sign area. For properties not subject to a Master Sign Program, the maximum number of Temporary Noncommercial Signs per property at one time shall be four.

C.

Large Distributions. Any person wishing to distribute more than ten (10) Temporary Noncommercial Signs to property owners in the city must first apply for and receive a permit from the Zoning Administrator. The permit application shall contain an actual-sized prototype of the sign and the name, address, and telephone number where the applicant may be reached by the Zoning Administrator or Police Chief or the respective deputies responsible for the enforcement of these provisions. The permit application shall be approved unless the sign does not meet the requirements set forth in this Chapter. The decision to grant or deny a permit shall be made within one business day after submission of the application. One permit shall govern all signs of each type distributed to property owners in the City.

D.

Temporary Commercial Signs: Permit Required. Temporary Commercial Signs meeting the requirements of this Chapter may be displayed with a permit from the Zoning Administrator, on non-residential properties in Commercial and Industrial zones. Commercial Temporary Signs shall be displayed for a period of time not to exceed thirty days, or a shorter period determined by the Zoning Administrator based on the length of time of the use or activity, or as specified by this section. The provisions contained in Section 19.26.090, Procedures for Sign Approval, shall apply to Temporary Commercial Signs. No more than one Commercial Temporary Sign

shall be permitted and no such sign shall be more than 32 square feet in sign area. Such signs may be permitted on any site up to three times per year.

E.

Owner/Occupant Consent Required. No Temporary Sign shall be placed, erected or maintained without the authorization of the property owner or occupant.

F.

Off-Premises Signs Prohibited. Directional signage for the purposes of advertising an open house is exempted from this provision provided the signs are removed within 48 hours of posting and are placed so as to not cause a hazard for pedestrians or vehicles.

G.

Conformity with Council Guidelines. Where the Council has established policy guidelines for the installation of temporary signs in commercial areas, such signs may be approved by the Zoning Administrator only upon finding that the subject sign is in compliance with those policy guidelines.

(Ord. 2008-2 Div. II (part), 2008.)

19.26.080 - General provisions for all sign types.

A.

Calculation of Sign Area. The area of an individual sign shall be calculated as follows.

1.

Single-faced Signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of single-faced signs is illustrated in Figure 19.26-B.

==> picture [349 x 547] intentionally omitted <==

Double-faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area shall be computed as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located more than two feet or 45 degrees from one another, both sign faces shall be counted toward sign area. See Figure 19.26-C.

==> picture [325 x 207] intentionally omitted <==

3.

Multi-faced Signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the largest and smallest face) shall be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.

4.

Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of all areas using the four vertical sides of the smallest cube that will encompass the sign. See Figure 19.26-D on the following page.

B.

Materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 60 days. Fabric signs shall be restricted to City Banners, Awning Signs, and Temporary Signs permitted pursuant to Section 19.26.070.

C.

Illumination. The illumination of signs, from either an internal or external source, shall be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:

1.

External light sources shall be directed and shielded to limit direct illumination of any object other than the sign;

2.

Sign lighting shall not be of an intensity, brightness or generate glare that will create a nuisance for residential properties in a direct line of sight to the sign.

==> picture [301 x 179] intentionally omitted <==

D.

Changeable Copy Other Than Permitted Marquee Signs. Changeable copy shall cover no more than 20 percent of the total sign area, except for the following uses which are allowed up to 75 percent of sign area to be changeable copy: all public and civic uses, indoor theaters, other public assembly uses, and fuel price signs.

E.

Code Compliance. Signs erected, installed, located or maintained in the city must comply with all applicable structural provisions of the most recently adopted versions of the Uniform Sign Code, California Building Code, and California Electrical Code adopted by the City.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Design Review Required. The erection, installation, alteration, enlargement, or relocation of all signs, except those exempt from review per Section 19.26.030, is subject to design review pursuant to Chapter 19.38, Design Review. Signs shall be reviewed and approved by the Zoning Administrator through the Administrative Design Review process unless otherwise stated in this Chapter. Master Sign Programs shall be reviewed by the Design Review Board in accordance with Section 19.26.100. In addition, per Chapter 19.38, the Zoning Administrator may refer any application to the Design Review Board for review and decision. Freestanding signs exceeding 10 feet in height, monument signs exceeding five feet in height, or other exceptions to standards, shall be reviewed by the Planning Commission in addition to the Design Review Board.

B.

Minor Alterations Excepted. The changing of changeable copy, or the replacement of sign copy or sign face where the materials, copy and copy size are in substantial conformance with the existing sign they replace, is not deemed an alteration and is not subject to design review.

C.

Findings. The approval authority will not approve an application for a sign unless it finds that the proposed sign or signs conform to the design review criteria in Section 19.38.050, and are aesthetically harmonious and

compatible with the surrounding area, considering such factors as the proposed size, location and design of the sign(s), the type of business to which the sign(s) pertain, the architectural character of the building(s) on site, the architectural character of surrounding buildings, and the type of other permitted signage in the vicinity of the proposed sign.

D.

Application — Individual Signs on Sites with Less than Four Non-Residential Tenant Spaces. A design review application for a sign shall be submitted on a form provided by the City and shall include detailed drawings to show the locations, dimensions, structure, colors, materials, fonts, and symbols of all proposed signs. The application shall indicate the area of each individual sign and the aggregate area of all existing and proposed signs on the lot, and demonstrate through drawings and/or calculations that all standards are met. The application shall be accompanied by a fee in the amount specified in the City's master fee schedule.

E.

Conditional Use Permit for Exceptions to Standards. An exception to any standard of this Chapter regarding the size, dimensions, or height of individual signs, or the number of signs of a particular type, may be reviewed and approved through the use permit process of Chapter 19.34, Use Permits. No conditional use permit for an exception to a standard shall be granted unless the Planning Commission finds that in addition to conformity with the required use permit findings in Chapter 19.34, the proposal meets the following:

1.

The project is consistent with the purpose and intent of the sign regulations (Section 19.26.010);

2.

The proposed signage is not excessive in relation to the size of the site or the size of signs in the surrounding area; and

3.

The proposed departure from a standard is necessary in order to adequately identify businesses, or will result in a superior design solution given the characteristics of the site or buildings.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XV, 4-20-2009)

19.26.100 - Master sign programs.

A.

Applicability.

1.

Master Sign Program Required. All commercial projects with four or more tenant spaces, all separately identifiable commercial building groups, and all construction and renovation projects involving more than 40,000 square feet of land area must obtain approval for a Master Sign Program prior to the installation of any signs.

2.

Optional Sign Program Application permitted. Application under the provision of a planned sign program shall be at the option of the applicant whenever such application is not mandatory under this section and the site meets any of the following conditions:

a.

The site to be considered shall consist of five or more separate business activities.

b.

The area to be included for consideration shall consist of a lot, parcel or a series of lots or parcels combined, to total a minimum of two acres.

c.

The site to be considered shall consist of a lot, parcel or a series of lots or parcels combined which front on two or more publicly dedicated street rights-of-way.

B.

Required Submittals. Applications for a Master Sign Program shall include the following plans and text: a computation of allowable area for all signs, plans drawn to scale showing the total number of proposed signs, the area of each individual sign as well as aggregate area of all signs on the site, the proposed height and dimensions of all signs, the location of each sign indicated on both a site plan and on typical building elevations, and drawings of generic sign types, including general information on materials and color schemes. An application shall also include a written program of standards for all sign types to be distributed to future tenants, including color, size, illumination, construction details, and placement of signs.

C.

Findings. The Design Review Board will only approve a Master Sign Program if the following findings are made:

1.

That the proposed signs are in harmony and visually related to:

a.

Other signs included in the planned sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.

b.

The buildings they identify. This may be accomplished by utilizing materials, colors or design motifs included in the building being identified.

c.

The surrounding development. Approval of a planned sign program shall not adversely affect surrounding land uses or obscure adjacent conforming signs.

That the proposed signs will comply with all the provision of this section, except with regard to:

a.

Allocated sign area authorized.

b.

Number of signs allowed.

c.

Location and height of signs.

D.

Addition, replacement or modification of signs within a previously approved planned sign program. Application for the addition, modification, or replacement of signs requiring permits, within the boundaries of an area having a previously approved planned sign program, shall be made in the following manner:

1.

Whenever the total number of signs to be added, modified or replaced total less than twenty-five percent of the number of permitted signs presently on the site, application shall be made under the provisions of the standard sign application.

2.

When the total number of signs to be added, modified or replaced total twenty-five percent or more of the number of permitted signs presently on the site, application shall be made under the provisions of a standard sign program application.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Maintenance. Each sign shall be: (1) maintained in a secure and safe condition; (2) maintained in good repair; and (3) cleaned, painted and replaced as necessary to present a neat appearance. If the City determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice of this fact to the property owner. If the defect is not corrected within reasonable time as determined by the City, the City may revoke the sign permit to maintain the sign and may remove the sign pursuant to the public nuisance abatement provisions of Chapter 19.43, Enforcement of the Zoning Ordinance.

B.

Abandoned or Obsolete Sign. An on-premises sign advertising an activity, business, service or product shall be removed within 90 days following the actual discontinuance of the activity, business, service or product. If the

sign is not so removed, the code enforcement officer may have the sign removed in accordance with the public nuisance abatement provisions Zoning Ordinance.

C.

Illegal Signs. Any sign, banner, or sign structure not erected, constructed or located in conformance with this Chapter is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures set forth in this Zoning Ordinance.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.27 - NONCONFORMING USES, STRUCTURES, AND LOTS

Sections:

This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Zoning Ordinance in a manner that does not impair public health, safety, and welfare. The provisions of this Chapter apply to structures, land and uses that have become nonconforming by operation of this Zoning Ordinance and that remain in a nonconforming status by application of this Zoning Ordinance, as well as structures, land and uses that hereafter become nonconforming due to annexation to the City, zoning map changes, or text amendments.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Valuation of Improvements. The determination of the appraised value of improvements shall be made by the Building Official. The valuation to be used shall be the total of all construction work for which a permit is required and includes: finish work, painting, roofing, electrical, plumbing heating, air conditioning, and any permanent work or permanent equipment.

(Ord. 2008-2 Div. II (part), 2008.)

Any building, use or structure that is nonconforming solely by reason of the absence of a use permit may be changed to a conforming building, use or structure when a use permit is obtained in accordance with Chapter 19.34, Use Permits.

(Ord. 2008-2 Div. II (part), 2008.)

19.27.040 - Continuation and maintenance of nonconforming buildings and structures.

A.

Continuation of Nonconforming Buildings and Structures. Legal nonconforming buildings and structures may be continued and maintained in compliance with the requirements of this Zoning Ordinance in their current size and configuration, unless deemed to be a public nuisance because of health or safety conditions.

B.

Nonstructural Repairs. Maintenance, non-structural repairs and non-structural interior alterations to a nonconforming structure or to a structure occupied by a nonconforming use are permitted, so long as the changes and improvements do not enlarge or extend the structure.

C.

Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams or girders, may be undertaken in the following instances:

1.

Less Than 40% of Valuation. Permitted as-of-right for all structure types when the cost of such work does not, within a twelve-month period, exceed 40 percent of the appraised value of all improvements exclusive of the land.

2.

All Other Structural Repairs. All other structural repairs shall require a use permit pursuant to the provisions of Chapter 19.34, Use Permits.

3.

Single-Family Residential Structures. Permitted as-of-right for single-family residential structures, regardless of valuation, if the structural change meets the following criteria:

a.

The dwelling is located in the appropriate zoning district;

b.

The dwelling has an existing garage that meets minimum dimensional requirements under this Title; and

c.

The improvement will not add new habitable space to the dwellings.

(Ord. 2008-2 Div. II (part), 2008.)

19.27.050 - Additions and structural alterations to nonconforming structures occupied by conforming uses.

A use permit shall be required, pursuant to the provisions of Chapter 19.34, Use Permits, for all additions and structural alterations that enlarge and extend a nonconforming structure, except in the following instances:

A.

Non-Residential and Multi-family Structures. Non-conforming, non-residential and multi-family structures may be enlarged, extended, or structurally altered or repaired so long as:

1.

Such enlargement, extension, alteration or repair complies with all applicable requirements and does not, within any twelve-month period exceed 40 percent of the appraised value of all improvements exclusive of the land;

2.

The use of the property is conforming;

3.

The structure is conforming as to parking; and

4.

Modifications are made to bring the property and/or existing structure closer into compliance with development standards of the zoning district, as determined by the Zoning Administrator or other designated decisionmaking body, pursuant to Part V. Administration.

B.

Single-family Structures. Non-conforming, single-family structures may be enlarged, extended, or structurally altered or repaired so long as:

1.

Such enlargement, extension, alteration or repair complies with all applicable requirements;

2.

The dwelling is located in the appropriate zoning district; and

3.

The dwelling has an existing garage that meets minimum dimensional requirements under this Title and the structure is conforming as to parking.

C.

Nonconforming Setbacks and Parking.

1.

Nonconforming Setbacks. Additions or enlargements that extend along an existing non-conforming building setback line and which do not come closer to the property line than the existing non-conformity may be permitted, subject to the provisions of Chapter 19.37, Waivers and Exceptions.

2.

Nonconforming Parking.

a.

Single-family Structure.

1.

If a single-family residential property is legally nonconforming because it contained one covered parking space prior to two covered parking spaces being required, the residence on the property may be altered or expanded without increasing the number of covered parking spaces, subject to all of the following limitations:

A.

After alteration or expansion, the residence may not contain more than three bedrooms or more than 2,000 square feet of habitable floor area.

B.

The alteration or expansion must comply with all other applicable requirements of this Code.

2.

This section does not apply to any of the following:

A.

A single-family residential property with no parking spaces (covered or uncovered).

B.

A single-family residential property that contained two covered parking spaces but the number of covered parking spaces has been reduced to one.

C.

Any other circumstance in which a single-family residential property is nonconforming as to parking.

b.

Multi-family Structure. A multi-family residential structure that is legally nonconforming due to parking may be altered or expanded up to 10 percent of the habitable floor area with the approval of an administrative use permit provided that no additional units are added. No more than one such permit may be granted within a fiveyear period.

D.

Nonconforming Lot Coverage, Floor Area Ratio (FAR), and Residential Density. A structure that is legally nonconforming because it exceeds the maximum allowable lot coverage, may be expanded only if the expansion does not involve any further lot coverage. The expansion of a structure that is legally nonconforming because it exceeds the FAR or residential density permitted by this Zoning Ordinance shall be permitted only if the Planning Commission approves a variance in accordance with Chapter 19.36, Variances to allow such addition or enlargement.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XVI, 4-20-2009)

19.27.060 - Changes, substitutions or expansions of nonconforming uses.

A.

Replacement with a More Conforming Use. A legal nonconforming use may be replaced with another nonconforming use only if the Planning Commission finds that the new use is more conforming to the underlying zone than the previous use, and subject to Planning Commission approval of a Use Permit in accordance with Chapter 19.34, Use Permits.

B.

Expansion within a Structure that Conforms to this Title. A legal nonconforming use occupying a portion of a structure that conforms to this Title and to the requirements of the California Building Code may expand the portion that it occupies subject to Planning Commission approval of a Use Permit in accordance with Chapter 19.34, Use Permits.

C.

Expansion within a Structure that Does Not Conform to this Title. A legal nonconforming use in a structure that does not conform to the requirements of this Title but does conform to the requirements of the California Building Code may expand its occupancy and building floor area subject to Planning Commission approval of a Use Permit in accordance with Chapter 19.34, Use Permits, provided, however, that any structural expansion meets the requirements this Zoning Ordinance.

D.

Expansion within a Structure That Does Not Conform to the Building Code. Any legal nonconforming use in a structure that does not conform to the California Building Code (CBC) may not expand the area it occupies until and unless the structure is brought into conformance with all applicable UBC requirements, and subject to the above requirements of this Section.

(Ord. 2008-2 Div. II (part), 2008.)

Except as otherwise provided in this Section, no legal nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six months except as provided in this Section. Notwithstanding the foregoing, the nonconforming use of a legally established structure may be reestablished after six months of being abandoned if the Planning Commission, in addition to making any other findings required pursuant to this Code, approves a use permit after making all the following findings. As a condition of approving the resumption of such nonconforming use, the Commission may impose a time limit on its duration if necessary in order to make all of the required findings:

Required Findings:

A.

At least one of the following is true:

The use has been abandoned or vacant between six months and one year, and the applicant has made demonstrable, constant, diligent efforts to replace the abandoned nonconforming use with a conforming use or a more conforming use; or

2.

The legally nonconforming structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous nonconforming use; or

3.

The legally nonconforming structure is harmonious and compatible with well designed structures in the surrounding area, and can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the assessed value of the structure, as defined in this article, within any five-year period.

B.

And, the continuation of the use or structure will not be detrimental to surrounding conforming uses.

C.

And, the structure is significantly modified to come closer into compliance with current development standards.

(Ord. 2008-2 Div. II (part), 2008.)

19.27.080 - Restoration of damaged nonconforming uses and structures.

A.

Restoration. If any legal nonconforming use or structure is destroyed by fire, explosion, earthquake, flood, other casualty, act of God, or through a deliberate act, to an extent of 50 percent or greater of the assessed value, as defined in this Title, then said use or structure may be restored and used only in compliance with the regulations existing in the district where it is located, except as provided below. Subject to obtaining a Conditional Use Permit in accordance with the provisions of Chapter 19.34, such building may be restored provided the previous total floor area is not exceeded.

B.

Exceptions. Legal nonconforming residential structures of three units or less may be replaced if destroyed by fire, explosion, earthquake, flood, other casualty, or act of God, provided however that the floor area or lot coverage of the use is not increased and the new structures conform to all current California Building Code requirements.

(Ord. 2008-2 Div. II (part), 2008.)

Any legally created lot that fails to meet the current standards for area or dimensions of the district in which it is located may be developed, subject to the following.

A.

Lots Less Than 5,000 Square Feet in RS Residential Districts. Only a single-family dwelling may be constructed on a lot in a residential district that is less than 5,000 square feet in area.

B.

RD and RM Districts. Up to two units may be constructed on any building site in the RD and RM districts containing less than 5,000 square feet of area, or less than 45 feet average width, with the approval of a Conditional Use Permit.

C.

Parcel Mergers. These provisions notwithstanding, the City may exercise procedures for merging substandard lots as provided for in Title 18, Divisions of Land and pursuant to the Subdivision Map Act.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XVII, 4-20-2009)

Chapter 19.28 - WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

This Chapter provides a uniform and comprehensive set of standards and procedures to regulate the development, placement, installation, and operation of wireless telecommunications antennas and related facilities ("wireless telecommunications facilities") consistent with the goals, objectives, and policies of the General Plan and the applicable requirements of federal law. The regulations are intended to provide for the appropriate development of wireless telecommunications facilities within the City to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character and scenic vistas.

It is the City's intent to apply these regulations to accomplish the following:

A.

Provide incentives for well-designed and appropriately located antennas and wireless communications facilities.

B.

Encourage the leasing of publicly owned properties where feasible or desirable.

C.

Encourage the use of existing facilities by collocating multiple service providers.

D.

Encourage the placement of antennas on existing structures.

E.

Provide a competitive and broad range of telecommunications services and high quality telecommunications infrastructure to meet the community's needs and serve as an important and effective part of El Cerrito's emergency response network.

(Ord. 2008-2 Div. II (part), 2008.)

The requirements of this Chapter shall apply to all telecommunications facilities that transmit and/or receive electromagnetic signals including, but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The following facilities are exempt from these requirements provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property:

A.

Collocated Facilities. A wireless telecommunications facility shall be exempt from the requirements of this Chapter provided it satisfies the following requirements:

1.

The proposed facility is located on an existing wireless telecommunications facility that received Planning Commission and Design Review approval.

2.

The proposed facility does not exceed the height of the existing wireless facility.

3.

The proposed facility does not expand the overall massing of the existing wireless facility so as to exceed the locational and siting requirements in Section 19.28.040;

B.

Licensed Amateur (Ham) Radio. Licensed amateur (ham) radio and citizen band operations that:

1.

Comply with the applicable height limits of the zoning district; and

2.

Are not located within any yard abutting a public right-of-way or any required setback;

C.

Hand-held, mobile, marine, and portable radio transmitters and/or receivers;

D.

Emergency services radio;

E.

Radio and television mobile broadcast facilities;

F.

Antennas and equipment cabinets or rooms completely located inside of permitted structures; and

G.

Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment that meets the standards set forth in this Chapter and that will have little or no change in the visual appearance of the facility following written notification to the Zoning Administrator.

H.

Radio or Television Antenna. Ground or building-mounted receive-only radio or television antennas not exceeding the maximum height permitted by this Zoning Ordinance, including any mast, or receive-only radio or television satellite dish antennas subject to the following restrictions:

1.

Residential Districts.

a.

Satellite dishes that do not exceed one meter in diameter and are for the sole use of a resident occupying the same residential parcel so long as it does not exceed the height of the ridgeline or parapet of the primary structure on the same parcel. Such antennas shall not be located in any area between a building and the adjacent public right-of-way.

b.

Antennas may be installed on, or attached to, any existing building or other structure that does not exceed 30 feet in height so long as the height of the antenna measured from existing grade does not exceed the permitted height for antennas in the district. The antennas must be for the sole use of residents occupying the same residential parcel on which the antennas are located and shall not be located in any required parking or loading area.

c.

No more than the number of antennas necessary to receive the programming available for reception in the viewer's local viewing area or listener's local receiving area shall be installed.

2.

Commercial, Public, and Semi-Public Districts.

a.

A satellite dish that does not exceed two meters in diameter is permitted anywhere on a parcel in a commercial, public, or semi-public district provided the location does not reduce required parking or loading, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval. Such antennas shall not be located within a required front yard or side yard abutting a street unless screened from view from any public right-of-way or adjoining property.

b.

An antenna that is mounted on any existing building or other structure such that it is not visible from any vantage point exterior to the building or structure, for example an antenna on a roof behind a parapet wall. All wires and/or cables necessary for operation of the antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna, and be painted to match the color of the building surface.

c.

Antennas mounted on the roof of an existing building and which meet all requirements for allowed projections as described in Section 19.07.030(U).

I.

Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Zoning Administrator with a copy of a current CPUC or FCC permit or a copy of applicable FCC regulations prior to its installation.

J.

All antennas and related wireless communications facilities existing on the date of adoption of this Chapter and installed in accordance with applicable federal regulations shall be considered nonconforming legal uses that shall be allowed to continue as they presently exist. Routine maintenance and repairs shall be permitted on existing antennas and facilities but the replacement or upgrade of existing facilities and all new antennas, structures, and other facilities shall comply with the requirements of this Chapter.

(Ord. 2008-2 Div. II (part), 2008.)

An Applicant shall file a written application for an Administrative Use Permit or Conditional Use Permit in accord with the application procedures under Chapter 19.32, Common Procedures. In addition to any other requirements, applications shall, at a minimum, include the following information:

A.

Inventory. An inventory list and map of existing wireless communication facilities operated by the applicant within two miles of the proposed site ("Service Area"). The inventory list must include specific information as to location, height, size, and design of each facility. The City may share such information with other applicants seeking to locate wireless communication facilities within the Service Area, in order to encourage co-location.

B.

Report on Alternatives. A report explaining why the wireless communication facility is needed at the requested location. If applicant is seeking to construct a new monopole, applicant shall explain why co-location or location on another kind of support structure is not feasible, including efforts made to develop such an alternative. If the City has requested that the applicant co-locate its wireless communication facility on a site, applicant shall explain why co-location is not feasible, including efforts made to develop such an alternative.

C.

Wireless Communication Facility Plans. Plans shall include a fully dimensioned diagram of the proposed facility and antennas, including height, shape, size and nature of construction. The plans for a monopole must provide sufficient detail to demonstrate that the structure will be able to accommodate at least one other similar telecommunications provider in addition to the applicant. The plans should include a diagram showing the separation between the proposed wireless communication facility and any existing facility or facilities on the same support structure or site, if co-location is planned.

D.

Site Plans. A fully-dimensioned site/landscaping plan that includes, at a minimum, the following information: specific placement of the proposed tower dimensioned to the nearest property line, equipment shelters, and any other wireless communication facility on the site; setbacks from adjacent property lines; the location, use and height of existing structures, trees, and other significant features onsite and abutting sites and identifying those features proposed to be removed; the type and locations of plant materials proposed to screen wireless communication facility components; and the proposed materials and color(s) for the wireless communication facility.

E.

Visual Analysis. Photo-simulations showing views of the proposed facility from surrounding properties and public rights-of-way at varying distances with a map indicating the locations used for the analysis and their distances from the site.

F.

Documentation of Compliance. Copies of all applicable licenses or approvals required by the Federal Communications Commission and any other agency of the government with authority to regulate wireless communication facilities, including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals. In addition, the application shall include any environmental documentation required to obtain such license or approval together with such engineering calculations demonstrating that the proposed wireless communication facility will comply with all applicable FCC requirements and standards.

G.

Fees. In addition to any other fees required by this Zoning Ordinance, Applicants shall pay a permit fee as established by the Master Fee Schedule, pursuant to Title 4, Chapter 4.01 of the El Cerrito Municipal Code, to cover the reasonable actual cost and a reasonable administrative fee for consulting services required by the City to evaluate any technical aspect of the wireless communication facility application with the exception of health studies.

(Ord. 2008-2 Div. II (part), 2008.)

To ensure compatibility with this Ordinance and surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of neighborhoods, all wireless telecommunications facilities subject to this Chapter shall be located, developed, and operated in compliance with the following standards unless the Zoning Administrator or the Planning Commission approves a use permit subject to the findings in Section 19.28.060. All new telecommunications facilities shall meet the following requirements and standards:

A.

Location and Siting. All facilities shall be designed and sited to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. As used in this Chapter, "readily visible" means that a person with normal vision can see the facility and distinguish it as an antenna or other component of a wireless telecommunications facility.

1.

Notwithstanding Items 2-9 of this subsection (A), new antennas and other similar facilities may be located on the existing utility towers that exist in the linear utility easement in the hillside area of El Cerrito, provided that they do not project more than two feet beyond the exterior of the tower structure.

2.

No facility shall be sited within 100 vertical feet of a ridge top unless (a) it has been designed to blend with the surrounding natural or existing built environment so that it is effectively unnoticeable, or (b) due to the specific location, existing development or existing vegetation, the facility will be screened from public view.

3.

No facility shall be sited where it will be silhouetted against the sky as viewed from a public park or other public recreation area or intrude into a significant or sensitive view corridor.

4.

No facility shall be sited where it will be readily visible from a public right-of-way, public park or cultural facility.

5.

No facility shall be located in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet of the facility.

6.

No telecommunications antenna or ancillary facility shall be established as the primary use on any site unless the site has already been developed with a legally established wireless facility.

7.

Antennas, support structures, and equipment shelters may be installed on the roof or directly attached to any existing building or structure if they:

a.

Are not visible from the public right-of-way or from the habitable portion of any dwelling unit within 300 feet or;

b.

Are architecturally integrated into the design of the building or structure so long as such facilities do not protrude more than two feet horizontally from the building or structure, and comply with the height requirements of this Chapter.

8.

No wireless facility that is readily visible from an off-site location shall be installed closer than one mile from another wireless telecommunications facility that is readily visible or un-camouflaged, unless it is a collocated facility on a multiple-user site, and has been designed or camouflaged so that it blends into the surrounding natural or existing built environment.

9.

Sites that require construction or grading on slopes of 30% or more shall be avoided unless no other site with a lesser slope is feasible, and environmental review shows that all drainage and erosion impacts can be mitigated to less than significant levels.

B.

Support Structures. Support structures for wireless telecommunications facilities shall be any of the following:

1.

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole must be constructed to allow for co-location of at least one other similar wireless communications provider.

2.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary wireless communications facility.

3.

An existing non-residential building.

4.

An existing structure other than a building including but not limited to, light poles, electric utility poles, water towers, steeples, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility or light pole erected to replace an existing pole, if the replacement pole will serve both electric or lighting and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

5.

A new alternative tower structure such as a clock tower, steeple, functioning light pole, or any similar alternative-design support structure that is designed to conceal or camouflage the facility. The term "functioning" as used here means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

C.

Height. The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to it. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

1.

A freestanding antenna or monopole shall not exceed the height limit of the district in which the antenna is located.

2.

Building-mounted wireless telecommunications facilities shall not exceed the height allowed for projections above the height limit as specified in Sections 19.06.030 and 19.07.030.

3.

A functioning light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles, except wireless telecommunications facility antennas may extend up to 15 feet above the lighting array of a ball field light pole.

4.

Wireless telecommunications facilities mounted on an existing tower or monopole may exceed the height of the existing structure by five feet, up to the maximum height allowed by this Chapter, if camouflaged as part of the structure design.

5.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

D.

Setback. When determining whether a wireless telecommunications facility complies with the following requirements, the setback shall be measured from the closest point on the base of the tower, antenna or other structure to the applicable property line or structure.

1.

Except as otherwise provided in this Chapter, all wireless facilities that are not building mounted or mounted on an existing structure shall meet the following setback standards:

a.

Set back a minimum distance of 100 feet from any property lines that contains residentially zoned property, dwelling unit, school or daycare facility, public park, or outdoor recreation area, unless the wireless facility is designed as a flagpole, tree, or other stealth structure approved by the Zoning Administrator;

b.

Set back from any adjacent property line a minimum distance that is equal to 110 percent of the height of the facility (including attached antennae), or a minimum distance equal to the building setback for the district in which it is located, whichever is greater.

c.

Guy wire anchors shall be set back at least 20 feet from any property line.

2.

Any equipment cabinet or building shall comply with the required setbacks for accessory structures of the zoning district in which it is located.

3.

A satellite dish that is greater than one meter in diameter shall not be located within a required front, side or rear setback and shall not be located in any area between a building and the adjacent public right-of-way.

4.

A satellite dish that is greater than two meters in diameter shall not be located within a required front yard or side yard abutting a street in any non-residential district.

E.

Design and Screening. Wireless facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing supporting structures, so as to reduce visual impacts to the extent feasible.

1.

Based on their potential aesthetic impact, the order of preference for facility type is: flush-mounted, facademounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new groundmounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

2.

All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location or other objectives of this Chapter.

Telecommunications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, be incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

4.

To the extent feasible, wireless telecommunications facilities, including all components thereof, shall be painted or textured to camouflage the installation, achieve architectural compatibility, or otherwise minimize the facility's visibility. Paint colors, which must be non-reflective, are subject to approval.

5.

All telecommunications facilities subject to the requirements of this Chapter shall be installed in such a manner so as to maintain and enhance existing native vegetation and minimize disturbance of existing topography unless the decision-making authority determines that such changes will minimize the visual impact of the facility. Site plans shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.

6.

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.

7.

Wireless telecommunication facilities shall be not be lighted except when authorized personnel are present onsite at night or unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes, if the beam is directed downwards, shielded from adjacent properties and kept off when personnel are not present at night.

8.

No advertising shall be placed on wireless telecommunications facilities, equipment cabinets, or associated structures.

9.

In residential districts ground-mounted satellite dishes with a diameter greater than one meter shall be screened from view from any public right-of-way and adjoining property.

10.

At the time of modification or upgrading of facilities, providers shall, to the extent feasible, replace existing equipment with equipment of equal or greater technical capacity, and reduced size to reduce visual impacts.

F.

Equipment Cabinets and Buildings.

1.

Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.

2.

An equipment cabinet shall not exceed eight (8) feet in height and a building shall not exceed one story. An equipment cabinet or building may contain an area of up to 300 square feet for a single provider or 600 square feet for multiple wireless providers. Notwithstanding the foregoing, an equipment cabinet or building for servicing a public safety communications tower may exceed the size limitations set forth herein.

G.

Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

1.

Security fencing, if any, shall not exceed six (6) feet to 10 feet in height, consistent with fencing in the area. Fencing shall be no less than the above grade height of any equipment cabinet. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

2.

Anti-climbing features shall be incorporated into wireless telecommunications facilities, as needed, to reduce potential for trespass and injury.

3.

The permittee shall be responsible for maintaining the site and facilities free from trash, debris and graffiti.

H.

Radio Frequency Standards—Noise.

1.

Wireless telecommunications facilities shall comply with federal standards for radio frequency (RF) emissions and interference. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC's limits for electric and magnetic field strength and power density for transmitters, or operate in a manner that will degrade or interfere with existing communications systems as stipulated by federal law. Failure to meet federal standards may result in revocation or modification of the permit.

Wireless facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

I.

Co-Location. The applicant and owner of any site on which a wireless facility is located shall cooperate and exercise good faith in co-locating wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

1.

All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.

2.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

3.

No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing facilities to meet federal standards for emissions.

4.

When antennas are co-located, the city may limit the number of antennas with related equipment to be located at any one site by any provider to prevent negative visual impacts.

5.

Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Chapter is grounds for denial of a permit request or revocation of an existing permit.

J.

Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a minimum, such facilities shall comply with the following requirements:

1.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

2.

The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the California Building Standards Code.

3.

Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures.

4.

Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

(Ord. 2008-2 Div. II (part), 2008.)

A wireless telecommunications facility subject to the requirements of this Chapter shall not be established, expanded, or otherwise modified except in conformance with the following requirements:

A.

Design Review Required. All wireless telecommunications that are not specifically exempt from the requirements of this Chapter shall require design review in accordance with the requirements of Chapter 19.38, Design Review. Wireless telecommunications facilities meeting subsections (B) and (C) below shall require administrative design review. Facilities meeting subsection (D) below shall require Design Review Board approval.

B.

Permitted With Administrative Design Review. The following wireless telecommunications facilities shall be permitted in any Commercial, Semi-Public, or Public district subject to the Zoning Administrator's determination of compliance with this Chapter:

1.

A facility affixed to an existing building or structure.

2.

A facility co-located on an existing legally established monopole, utility or light tower, or support structure in any zoning district.

3.

Public safety communications towers sixty-five (65) feet in height or less.

4.

Temporary wireless telecommunications facilities.

C.

Administrative Use Permit. The Zoning Administrator may issue an Administrative Use Permit to establish any of the following facilities subject to the requirements of this Chapter, other than facilities listed in subsection (B) and based on the applicable findings in Section 19.28.060.

1.

A facility on City-owned public safety and maintenance facility properties, including but not limited to City Hall, Police Station, Fire Station, and Corporation Yard, provided that the operation of said facilities will not disrupt normal City communications or operations.

D.

Planning Conditional Use Permit. All other wireless telecommunications facilities, specifically including but not limited to any new ground-mounted tower or monopole, shall require Design Review Board approval and use permit approval by the Planning Commission.

E.

Minor Modifications. The Zoning Administrator may approve minor modifications to any legally established wireless telecommunications facility, including replacement in-kind with smaller or less visible equipment and aesthetic upgrades, without notice or hearing. Such modifications shall be subject to compliance with the standards set forth in this Chapter and all existing conditions of approval.

(Ord. 2008-2 Div. II (part), 2008.)

A.

General Findings. The decision making authority may approve or approve with conditions any Use Permit required under this Chapter, after making the following findings in addition to any other findings required by this Ordinance:

1.

The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility.

2.

The applicant has made good faith and reasonable efforts to locate the proposed wireless facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower, or to accomplish co-location.

The proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

4.

The proposed facility will not be readily visible, or it is not feasible to incorporate additional measures that would make the facility not readily visible as defined in Section 19.28.040.

B.

Additional Findings for Facilities Not Co-Located. To approve a wireless facility that is not co-located with other existing or proposed facilities, or a new ground-mounted antenna, monopole, or lattice tower the decision maker shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such siting:

1.

Would have more significant adverse effects on views or other environmental considerations than a non colocated facility;

2.

Is not permitted by the property-owner;

3.

Would impair the quality of service to the existing facility; or

4.

Would require existing facilities at the same location to go off-line for a significant period of time.

C.

Additional Findings for Facilities in a Residential Zone. To locate a facility in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision maker shall find that:

1.

It is not feasible to provide the service at another location; or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

2.

The proposed facility provides an important link in the applicant's service area build-out and is necessary to provide personal wireless services to city residents.

D.

Additional Findings for Setback Reductions. To approve a reduction in setback, the decision maker shall make one or more of the following findings:

1.

The facility will be co-located onto or clustered with an existing, legally established telecommunication facility.

2.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

E.

Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law.

(Ord. 2008-2 Div. II (part), 2008.)

19.28.070 - Exercise of permits—Cessation.

A.

Cessation of Operations. If use of the facility is discontinued for more than 6 months, the permit shall expire and permittee must remove the facility or the City may cause the facility to be removed at the expense of the permittee/owner of the facility. Within 30 days of cessation of operations of any wireless telecommunications facility approved pursuant to this Chapter, the operator shall notify the Zoning Administrator in writing.

1.

After a permit has expired under the preceding subsection, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator. If such facilities are not removed, the site shall be deemed to be a nuisance pursuant to Chapter 19.43, Enforcement, and the City may call the bond to pay for removal.

2.

Failure to inform the Zoning Administrator of cessation of operations of any existing facility shall constitute a violation of the Zoning Ordinance and be grounds for:

a.

Prosecution;

b.

Revocation or modification of the permit;

c.

Calling of any bond or other assurance secured by the operator pursuant to the requirements of Chapter 19.43; and/or

d.

Removal of the facilities.

B.

Exercise of Permits. Any Administrative Use Permit or Conditional Use Permit issued pursuant to this Article shall expire automatically if the use is not commenced pursuant to the requirements of Chapter 19.32, Common Procedures.

C.

Transfer of Permit. Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the Zoning Administrator. The Zoning Administrator may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing use permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the FCC and the California Public Utilities Commission. If the Zoning Administrator determines that the proposed operation is not consistent with the existing use permit, he/she shall notify the applicant who may revise the application or apply for amendment of the Use Permit pursuant to the requirements of Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.30 - INCLUSIONARY ZONING

Sections:

A.

Findings. The city council finds and declares as follows:

1.

Housing affordability continues to be a regional issue, especially for the residents of El Cerrito.

2.

According to the El Cerrito Affordable Housing Strategy, one-third of El Cerrito's households are cost-burdened or spend more than thirty percent of their household income for housing.

3.

The 2015-2023 Housing Element identifies the need to study an inclusionary zoning ordinance to address a portion of the city's affordable housing needs.

4.

According to the 2015-2022 Regional Housing Needs Allocation (RHNA), determined by the Association of Bay Area Governments (ABAG), the City of El Cerrito has a total housing need of three hundred ninety-eight units through the year 2022, out of which nearly sixty percent is for lower- and moderate-income households (two hundred thirty two units). Of the affordable units: fifty units (thirteen percent) are for extremely low-income households; fifty units (thirteen percent) for very low-income households; sixty three units (sixteen percent) for lower income households; and sixty nine units (seventeen percent) for moderate income households.

5.

The inclusionary ordinance codified in this chapter will substantially advance the city's legitimate interest in providing additional housing affordable to all income levels and dispersed throughout the city because inclusionary units required by the ordinance codified in this chapter, including both rental and for-sale units, must be affordable to lower, and moderate-income households.

6.

The ordinance codified in this chapter is being adopted pursuant to the city's police power authority to protect the public health, safety, and welfare. Requiring inclusionary units within each residential development is consistent with the community's housing element goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing. Requiring builders of new market rate housing to provide some housing affordable to lower and moderate-income households is also reasonably related to the impacts of their projects.

B.

Purpose. The purposes of this chapter are to:

1.

Implement the housing goals set forth in the 2015-2023 Housing Element of the El Cerrito General Plan and the Affordable Housing Strategy of the City of El Cerrito.

2.

Ensure that private market-rate development is making a reasonable and feasible contribution towards addressing the need for additional affordable housing.

3.

Increase the production of affordable housing units for very low, low and moderate-income households.

4.

Create a balanced community with a wide variety of housing available to households of all income levels.

5.

Support the housing objectives contained in state law.

Establish policies and alternative methods of compliance for meeting the city's affordable housing needs.

(Ord. No. 2018-02, § 2, 5-15-2018)

The definitions set forth in this part shall govern the application and interpretation of this chapter. Words and phrases not defined in this chapter shall be interpreted to give this chapter its most reasonable application.

"Affordable housing cost" means the housing cost for dwelling units as defined by California Health and Safety Code Section 50052.5 for owner-occupied housing and the affordable rent for rental units as defined by California Health and Safety Code Section 50053, as applicable.

"Affordable housing strategy" means the city's affordable housing workplan that identities a range of goals and implementation tools to preserve and expand housing opportunities for households with very low to moderate incomes and for persons with special housing needs

"Affordable sales price" means the maximum allowable sales price for an inclusionary unit in effect at the time of initial (first) sale to an eligible household. The affordable sales price is a price that includes a reasonable down payment and results in projected average monthly housing payments during the first calendar year of a household's occupancy, including interest, principal, mortgage insurance, property taxes, homeowners' insurance, homeowners' association dues, if any, not exceeding costs equal to thirty five percent of one hundred ten percent of area median income for moderate income units. The city manager may adjust the percentage of area median income to between eighty percent and one hundred ten percent to address major shifts in the housing market or other related economic conditions affecting the demand for inclusionary units, as needed.

"The affordable sales price" shall be determined for a household size based on the number of bedrooms in the dwelling unit plus one. The city manager shall determine the sales price for inclusionary units by any reasonable method, so long as average monthly housing payments do not exceed those permitted by this chapter. Affordable sales prices may be adjusted annually by the city manager and will be provided to the developer annually upon such adjustment.

"Affordable rent" means the total monthly payments by the tenant of an inclusionary unit for all of the following: (1) use and occupancy of the inclusionary unit, land and storage lockers, and use of all common areas; (2) any separately charged fees or service charges assessed by the developer that are required of all tenants of units in the project, except security deposits; (3) an allowance for utilities paid by the tenant as established by the Contra Costa Housing Authority, including garbage collections, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities that are assessed by a public or private entity other than the developer and paid by the tenant.

as established by the Contra Costa Housing Authority, including garbage collections, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities that are assessed by a public or private entity other than the developer and paid by the tenant.

The affordable rent shall be determined for a household size based on the number of bedrooms in the dwelling unit plus one. The city manager shall determine the rent for inclusionary units by any reasonable method, so long as average monthly housing payments do not exceed those permitted by this chapter. Affordable rent may be adjusted annually by the city manager and shall be provided to the developer annually upon such adjustment. For purposes of this chapter, Affordable Rent, shall not exceed costs equal to thirty percent of

seventy percent of area median income for lower income units or thirty percent of one hundred ten percent of area median income for moderate income units.

"Affordable housing trust fund" means a fund or account designated by the city to maintain and account for all monies received pursuant to this chapter.

"Affordable housing plan" means a plan on a form provided by the city that shall be submitted by the applicant or developer, containing all of the information specified in and in conformance with Section 19.30.040 of this chapter specifying the manner in which inclusionary units will be provided in conformance with this chapter and any regulations adopted to implement this chapter, and consistent with the El Cerrito General Plan.

"Applicant" or "developer" means a person, persons, or entity that applies for a residential development and includes the owner or owners of the property if the applicant does not own the property on which development is proposed.

"Area median income" or "AMI" means the annual median income for Contra Costa County as published annually by the State of California Department of Housing and Community Development, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of El Cerrito in the event that such median income figures are no longer published periodically in the California Code of Regulations.

"Building permit" includes full structural building permits as well as partial permits such as foundation-only permits.

"City" means the City of El Cerrito.

"City manager" means the city manager of the City of El Cerrito or his or her designee.

"Certificate of occupancy" is the permit issued by the El Cerrito building division authorizing the initial occupancy of a dwelling unit, including a temporary certificate of occupancy.

"Common ownership" or "control" refers to property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

"Community development director" means the director of the community development department or his or her designee.

"Construction phase" means:

A.

The area included within one city approved tentative subdivision map for residential development where a single final map implements the entire approved tentative map;

B.

The area included within each separate final map for residential development where multiple final maps implement the entire approved tentative map; or

C.

An area designated as a construction phase in an approved affordable housing plan. For residential development that does not require a subdivision map, the affordable housing plan shall identify construction phases.

"Contiguous property" means any parcel of land that is:

A.

Touching another parcel at any point;

B.

Separated from another parcel at any point only by a public right of way, private street or way, or public or private utility, service, or access easement; or

C.

Separated from another parcel only by other real property of the applicant which is not subject to the requirements of this chapter at the time of the planning permit application by the applicant.

"Determined to be complete" is a term that applies to an application for a specific land planning permits that is requested by the applicant and in accordance with Title 19 (Zoning) herein, and means that such application:

A.

Accurately includes all data required on the appropriate planning permit checklist that is utilized upon the date of receipt of the application;

B.

Is duly executed by the applicant or the applicant's authorized representative;

C.

Includes the full payment of all required fees;

D.

Includes an accurate and complete application for environmental clearance; and

E.

Includes the affordable housing plan required by Section 19.30.040.

"Density bonus units" means dwelling units approved in a residential development pursuant to California Government Code Section 65915 et seq. that are in excess of the maximum residential density otherwise permitted by the El Cerrito General Plan, San Pablo Avenue Specific Plan or zoning ordinance.

"Dwelling unit" shall have the definition given for dwellings in Title 19 (Zoning) of the El Cerrito Municipal Code.

"Effective date" shall have the definition given in Section 19.30.030.

"Eligible household" means a household which has been determined to be eligible to rent or purchase an inclusionary unit.

"First approval" means the first of the following approvals to occur with respect to a residential development: development agreement, general plan amendment, specific or area plan adoption or amendment, zoning, rezoning, pre-zoning, annexation, planned development permit, tentative map, parcel map, conditional use permit, special use permit, or building permit.

"For-sale" means and refers to any dwelling unit, including a condominium, stock cooperative, community apartment, or attached or detached single family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located or for the creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such for-sale dwelling units.

"Inclusionary housing agreement" means an agreement in conformance with Section 19.30.040 of this chapter between the city and an applicant, governing how the applicant shall comply with this chapter.

"Inclusionary unit" means a dwelling unit imposed on new residential development as required by this chapter to be affordable to lower or moderate-income households.

"Livable square feet" means the total square footage of the interior of all dwelling units within a residential development.

"Lower income household" means a household with incomes that do not exceed eighty percent of area median income as set forth in California Health and Safety Code Section 50079.5.

"Market rate unit" means a new dwelling unit in a residential development that is not an inclusionary unit as defined by section.

"Moderate income household" means a household with income ranging above eighty percent to one hundred twenty percent of area median income as set forth in California Health and Safety Code Section 50093(b).

"Planning permit" means a tentative map, parcel map, conditional use permit, site development permit, planned development permit, design review, development agreement, or special use permit, or any discretionary permit excluding general plan amendments, zoning and rezoning, annexation, specific plans, and area development policies.

"Rental" means and refers to a dwelling unit that is not a for-sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.), or any residential development including such rental dwelling units.

"Residential development" means any project requiring a planning permit for which an application has been submitted to the city, and that either:

A.

Would create ten or more new rental dwelling units or nine or more new for-sale dwelling units by:

The construction or alteration of structures, or

2.

The conversion of a use to residential from any other use.

B.

Is contiguous to property under common ownership or control and the cumulative residential capacity of all of the applicant's property pursuant to the general plan designation or zoning at the time of the planning permit application for the residential development is either:

1.

Ten or more rental or nine or more for-sale dwelling units; or

2.

Any combination of nine or more for-sale and rental dwelling units, in which case the inclusionary housing requirement shall be determined as though the project were a for-sale residential development.

"Tenant" is a household occupying an inclusionary unit pursuant to a valid lease with the developer.

"Unit type" means any form of dwelling or dwelling unit described in Title 19 (Zoning) of the El Cerrito Municipal Code.

"Utilities" means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.

(Ord. No. 2018-02, § 2, 5-15-2018)

19.30.030. - Effective Date and Applicability.

A.

Effective Date. This chapter shall be effective thirty days from and after the date of its adoption.

B.

Applicability. The provisions of this chapter shall apply city-wide to:

1.

All for-sale residential development that consist of nine or more units;

2.

All rental residential development that consist of ten or more units; and

3.

All residential development and contiguous property that is under common ownership or control.

C.

Exemptions. This chapter shall not apply to any of the following:

1.

Accessory Dwelling Unit(s).

2.

Rental residential developments with a total of less than ten dwelling units.

3.

For-sale residential developments with a total of less than nine dwelling units.

4.

A residential development project the application for which has been determined to be complete prior to the effective date, and for which a building permit application is submitted by June 30, 2021 and a building permit is issued within six months of submittal.

5.

A residential development project that has received all required approvals prior to the effective date, and for which a building permit application is submitted by June 30, 2021 and a building permit is issued within six months of submittal.

6.

Residential Developments exempted by California Government Code Section 66474.2 or 66498.1, provided that such residential developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date the application for the development was determined to be complete.

D.

Special Circumstances Related to Exemptions.

1.

Planning approval expiration, extension, or amendment.

a.

Residential development projects that are exempt under subsections (C)(4) and (C)(5) of this section shall remain exempt for the period stipulated in subsections (C)(4) and (C)(5) if their planning permits are amended or extended.

b.

Residential development projects that are exempt under subsections (C)(4) and (C)(5) of this section shall be subject to the requirements of this chapter if a planning permit for the residential development is amended or extended after the period stipulated in subsections (C)(4) and (C)(5), unless the requirements are waived pursuant to Section 19.30.070(C).

c.

In the event that a planning permit expires for a residential development project that is exempt under paragraphs (C)(4) and (C)(5) of this section during the period stipulated in subsections (C)(4) and (C)(5), this chapter shall apply to any subsequent residential development of the same property, unless the requirements are waived pursuant to Section 19.30.070(C).

d.

Any residential development project that requests an extension or amendment of any approved planning permit shall be subject to the requirements of this chapter, unless the residential development project is exempt pursuant to Section 19.30.030(C) or the requirements are waived pursuant to Section 19.30.070(C).

2.

Limited extension of exemption due to delay. The city manager, may grant a request for an extension of the timelines in this section exempting residential development from this chapter where a change in federal, state or local law would cause the need for a material redesign of the approved residential development that would render any of the approved planning permits, if implemented as approved, in violation of federal, state, or local law and would require amendment or revision of the planning permit.

3.

Limited extension of exemption due to COVID-19 delay. In recognition of delays to residential development projects resulting from the economic dislocations of the COVID-19 pandemic, Residential Development projects that are exempt under subsections (C)(4) and (C)(5) of this section may apply for a limited extension of their exemption, as provided for in this subsection.

a.

An application for a limited extension under this subsection shall be filed by June 30, 2021, and include all of the following:

i.

An application on a form prepared by the city or a letter of request.

ii.

A narrative description on the economic impacts of the COVID-19 pandemic on the Residential Development project.

iii.

A project schedule for the Residential Development project showing that the applicant will be able to file a substantially complete application for building permits by January 1, 2021, and to begin construction of the Residential Development project by July 1, 2022.

iv.

An Application Fee to be established by the City Council.

b.

The City Manager may grant a limited extension of a Residential Development project's exemption from this Chapter under subsections (C)(4) and (C)(5) of this Section, based upon a determination, in light of the information provided in the application and any other information regarding the economic impact of the COVID19 pandemic on the project or information regarding the project schedule and delays in the project and delays in the project that the City Manager considers relevant, that the Applicant will be able to comply with the requirements of the extension listed below. Any extension granted shall be subject to the following conditions and any others that the City Manager determines are necessary or appropriate for the Residential Development project:

i.

The Applicant shall submit a building permit application by January 1, 2022; and

ii.

The Applicant shall start construction by July 1, 2022.

c.

No extension of exemption may be approved for a Residential Development project if noticed violations of the Municipal Code, California Building Codes, or other state or federal laws related to conditions on the Residential Development project property have not been corrected prior to the filing of an extension application.

d.

In the event that an extension is approved by the City Manager and the Residential Development has not submitted a building permit application by January 1, 2022, or construction of the Residential Development project has not commenced by July 1, 2022, the provisions of this Chapter shall apply, unless the requirements are waived pursuant to Section 19.30.070(C).

(Ord. No. 2018-02, § 2, 5-15-2018; Ord. No. 2020-04, § 2, 6-16-2020; Ord. No. 2021-02, § 2, 5-18-2021)

A.

Inclusionary Housing Requirement.

1.

All new residential developments and contiguous property under common ownership and control shall include inclusionary units. Calculations of the number of inclusionary units required by this section shall be based on the number of dwelling units in the residential development, including any density bonus units as defined in this chapter.

2.

On-site inclusionary requirement. Unless otherwise exempted or excepted from this chapter, residential developments shall include inclusionary units upon the same site as the residential development as follows:

a.

For-sale residential development: For for-sale residential development projects with nine or more dwelling units, twelve percent of the total dwelling units in the residential development shall be built on-site and made available for purchase at an affordable housing cost to moderate income households.

b.

Rental residential development: For rental residential development projects with ten or more dwelling units that elect to provide units, five of the total dwelling units in the residential development shall be made available for rent at an affordable housing cost to moderate income households, and five percent of the total dwelling units in the residential development shall be made available for rent at an affordable housing cost to lower income households.

3.

If a project amendment results in a change in the total number of dwelling units, the number of inclusionary units will be recalculated to coincide with the final approved residential development.

B.

Calculation of Inclusionary Units.

1.

To calculate the number of inclusionary units required:

a.

For for-sale residential development projects, multiply twelve percent by the total number of for-sale dwelling units in the project.

b.

For rental residential development projects with ten or more dwelling Units, multiply five percent by the total number of rental dwelling units in the project to determine the number of dwelling units that must be made available for rent at an affordable housing cost to moderate income households, and five percent by the total dwelling units in the project to determine the number of dwelling units that shall be made available for rent at an affordable housing cost to lower income households.

2.

For rental residential development projects, when five percent is multiplied by the total number of dwelling units to determine the number for each respective income category and the result is less than one unit for each income category, the number of inclusionary units required shall be calculated by multiplying ten percent by the total number of dwelling units, and the required inclusionary units shall be affordable to moderate-income households.

C.

Fractional Units.

When the calculation of inclusionary units according to this section results in a number that includes a fractional unit, the fraction shall be rounded to the next whole number if the fraction is equal to one-half or more. In that event an additional inclusionary unit shall be provided, or for rental residential development projects either an additional inclusionary unit affordable to moderate-income households shall be provided or a fee may be paid in lieu of the additional inclusionary unit.

2.

If the result of the calculation of inclusionary units includes a fraction less than one-half, the applicant shall have the option of either rounding up to next whole number and providing an additional inclusionary unit affordable to moderate-income households or paying an in-lieu fee as provided in Chapter 19.30.50 for the fractional unit.

D.

State Density Program. Any inclusionary units provided on site in compliance with this chapter may be used to qualify for a density bonus under California Government Code Section 65915 or any ordinance implementing Government Code Section 65915. An applicant seeking a density bonus under state law shall provide reasonable documentation to establish eligibility for a requested density bonus, incentive or concession, and waiver or reduction of development standards, as provided for under state law and as consistent with the process and procedures detailed in a locally adopted ordinance implementing the state law. The number of inclusionary units shall be based upon the total number of dwelling units in a residential development, including any market rate units allowed as a result of density bonus. The inclusionary unit requirement for a residential development shall be recalculated after a density bonus is provided to determine the total dwelling units in the project. Regardless of state density bonus utilization, the applicant is required to meet the inclusionary housing requirements defined in this chapter.

E.

Contiguous Property under Common Ownership and Control. An applicant for a planning permit shall not avoid the requirements of this chapter by submitting piecemeal planning permit applications. At the time of the application for first approval for the residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct dwelling units upon the contiguous property at the time of the application for first approval; however, the applicant shall be required to include the contiguous property under common ownership or control in its affordable housing plan. The inclusionary housing agreement shall be recorded against the residential development and all contiguous property under common ownership or control and shall require compliance with this chapter upon development of each contiguous property at such time as there are planning permit applications that would authorize a total of ten or more rental or nine or more for-sale dwelling units for the residential development and the contiguous property under common ownership or control.

F.

Residential Development with Overlapping Inclusionary Requirements. When overlapping inclusionary housing requirements could be applied to a residential development pursuant to this chapter because the residential development is located upon a parcel or parcels subject to more than one of the requirements in this section, the entire residential development shall be subject to the requirement that results in the production of the greatest amount and greatest depth of affordability of inclusionary dwelling units.

G.

Residential Development with Both For-Sale and Rental Units. When a residential development includes both for-sale and rental dwelling units, the provisions of this chapter that apply to for-sale residential development shall apply to that portion of the development that consists of for-sale dwelling units, while the provisions of this chapter that apply to rental residential development shall apply to that portion of the development that consists of rental dwelling units.

H.

Timing of Construction of Inclusionary Units. All inclusionary units shall be constructed, completed, ready for occupancy, and marketed concurrently with or prior to the market rate units, unless the city finds that extenuating circumstances exist. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase.

I.

Standards for Inclusionary Units.

1.

Single-family detached inclusionary units shall be dispersed throughout the residential development. Townhouse, row-house, and multifamily inclusionary units shall be located so as not to create a geographic concentration of inclusionary units within the residential development.

2.

The quality of exterior design and overall quality of construction of the inclusionary units shall be consistent with the exterior design of all market rate units in the residential development and meet all site, design, and construction standards included in Title 16 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Zoning) of this code, including but not limited to compliance with all design guidelines included in applicable specific plans or otherwise adopted by the city council, and any regulations adopted to implement this chapter shall have functionally equivalent parking when parking is provided to the market rate units.

3.

Inclusionary units shall have the same interior finishes and features as the market rate units that are durable and of good quality and comply with any regulations adopted to implement this chapter.

4.

The inclusionary units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space and facilities in the residential development.

5.

The inclusionary units shall have the same proportion of unit types as the market rate units in the residential development except:

a.

Single-family detached residential projects may include single family attached inclusionary units;

b.

Single-family detached inclusionary units may have smaller lots than single-family detached market rate units in a manner consistent Title 19 (Zoning); and

6.

The inclusionary units shall have a comparable square footage and the same bedroom count and bedroom count ratio as the market rate units.

J.

Minimum Requirements. The requirements of this chapter are minimum requirements and shall not preclude a residential development from providing additional inclusionary units or inclusionary units with lower affordable rents or affordable sales prices than required by this chapter.

K.

Affordable Housing Plan and Inclusionary Housing Agreement.

1.

An affordable housing plan shall be submitted as part of the application for first approval of any residential development whether paying the in-lieu fee or providing inclusionary units on-site. No application for a first approval for a residential development may be determined to be complete unless an affordable housing plan is submitted and approved by the city in conformance with the provisions of this chapter.

2.

For each construction phase, the affordable housing plan shall specify, at the same level of detail as the application for the residential development, all of the following applicable information including, but not limited to:

a.

Developer's compliance option as specified in Section 19.30.050;

b.

The calculations used to determine the number of inclusionary units;

c.

A floor plan or site plan depicting the location of the inclusionary units;

d.

The tenure and affordability level for each inclusionary unit;

e.

The term of affordability;

f.

Other affordability requirements;

g.

A phasing plan for phased developments;

h.

A description and details of any requested incentives, waivers or exemptions;

i.

The process by which eligibility of qualified households will be reviewed and selected to purchase or rent inclusionary units;

j.

Rental/ownership regulatory provisions;

k.

An annual reporting schedule and requirements;

l.

A statement signed by the applicant and property owner, if different, that the affordable housing agreement required by this chapter shall include a provision that authorizes the city to recover reasonable attorneys' fees, investigation and litigation expenses, and related staff costs associated with enforcing the inclusionary housing agreement; and

m.

Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this chapter and any regulations adopted to implement this chapter.

3.

Upon submittal, the community development director shall determine if the affordable housing plan is complete and conforms to the provisions of this chapter and any regulations adopted to implement this chapter. The decision of the community development director may be appealed to the city council.

4.

The decision of the community development director may be appealed to the city council by filing a written appeal with the city clerk. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the city's master fee schedule.

The city clerk shall schedule the appeal for consideration by the city council within thirty days of the date the appeal was filed. The community development director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

6.

The affordable housing plan shall be reviewed as part of the first approval of any residential development. The affordable housing plan shall be approved if it conforms to the provisions of this chapter and any regulations adopted to implement this chapter. A condition shall be attached to the first approval of any residential development to require recordation of the inclusionary housing agreement described in this section prior to the approval of any final or parcel map or building permit for the residential development.

7.

A request for a minor modification of an approved affordable housing plan may be granted by the community development director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original plan.

8.

Following the first approval of a residential development, the city shall prepare an inclusionary housing agreement providing for implementation of the affordable housing plan and consistent with any regulations adopted to implement this chapter. Prior to the approval of any final or parcel map or issuance of any building permit for a residential development subject to this chapter, the inclusionary housing agreement shall be executed by the city and the applicant and recorded against the entire residential development property and any other property used for the purposes of providing inclusionary housing pursuant to this chapter to ensure that the affordable housing agreement will be enforceable upon any successor in interest. The inclusionary housing agreement shall not be amended without the prior written consent of the city and shall also not be amended prior to any necessary amendments to applicable planning permits.

9.

The city council, by resolution, may establish fees for the ongoing administration and monitoring of the inclusionary units, which fees may be updated periodically, as required.

L.

Lottery. At the initial offering of inclusionary units in a residential project and any inclusionary unit becomes available for sale or for rent in any residential project, the city requires the use of a lottery approved by the city to select purchasers or renters.

(Ord. No. 2018-02, § 2, 5-15-2018; Ord. No. 2021-02, § 2, 5-18-2021)

A.

On-site Provision of Inclusionary Rental Units Instead for Inclusionary For-Sale Units. When on-site inclusionary for-sale units are required by this chapter, a developer may instead construct on-site inclusionary rental. If a developer chooses to construct on-site inclusionary rental units in lieu of on-site inclusionary for-sale units, the

requirements for such on-site rental inclusionary units shall be the same as if the residential development were a rental residential development project.

B.

In Lieu Fee.

1.

The inclusionary housing requirement in Section 19.30.040 for for-sale residential development must be satisfied by the provision of the required inclusionary units, except when the number of required inclusionary units includes a fraction less than one-half. In that case, an in-lieu fee may be paid for the fractional unit. The inclusionary housing requirement in Section 19.30.040 for rental residential development may be satisfied by the payment of a fee to the city in lieu of constructing the inclusionary units within the residential development, including fractional units. In either case, any fee that the developer chooses to pay must be received by the city upon issuance of a building permit for the residential development.

2.

In lieu fees shall be as follows:

a.

For-sale residential development: An in-lieu fee may be paid only for fractional units when the number of required inclusionary units includes a fraction less than one-half. In that case, the in-lieu fee for each for-sale inclusionary unit shall be twenty dollars per square foot multiplied by the livable square footage of the entire project and divided by the number of required for-sale inclusionary units, including fractional units. The in-lieu fee for each fractional for-sale inclusionary unit shall be the per-unit in-lieu fee calculated using the preceding formula multiplied by the applicable fraction.

b.

Rental residential development: An in-lieu fee may be paid for all or any portion of inclusionary units required in a rental residential development, including fractional units. As noted in Section 19.30.040(C), however, if the number of required rental inclusionary units is one-half or greater, the fraction shall be rounded to the next whole number, and the developer may either provide the rental inclusionary unit or pay a fee in lieu of the rental inclusionary unit. In the event that the developer chooses to pay a fee in lieu of providing rental inclusionary units, the in-lieu fee for each rental inclusionary unit shall be seventeen dollars per square foot multiplied by the livable square footage of the entire project and divided by the number of required rental inclusionary units, including fractional units. The in-lieu fee for each fractional rental inclusionary unit shall be the per-unit in-lieu fee calculated using the preceding formula multiplied by the applicable fraction.

3.

The amount of in lieu fees established in this section shall be included in the city's master fee schedule and may be adjusted annually for inflation each July 1 using an appropriate index, as determined by the city council.

4.

If a project amendment results in a change in the total number of dwelling units, the in-lieu fee will be recalculated to coincide with the final approved residential development.

5.

No building permit shall be issued by the city for any market rate dwelling unit in the residential development prior to the payment in full of all in-lieu fees to the city. The developer shall provide both notice by recorded document against the residential development and, additionally, for each for-sale dwelling unit therein, the developer shall provide specific written notice to any purchaser of any dwelling unit prior to the acceptance of any offer to purchase, and shall obtain executed acknowledgment of the receipt of such notice, that purchaser shall not have any right to occupy the dwelling unit until such time as all in lieu fees owing for the residential development are paid to the city.

6.

All in lieu fees collected under this section shall be deposited in the City of El Cerrito Affordable Housing Trust Fund and utilized for the development of new affordable housing units.

(Ord. No. 2018-02, § 2, 5-15-2018)

19.30.060. - Continuing Affordability and Occupancy.

A.

The duration of affordability and occupancy for units created through the inclusionary zoning provisions are this chapter shall be as follows:

1.

The affordable sales price for inclusionary units shall be restricted for a period of forty five years pursuant to an affordable housing agreement recorded against the property and resets upon resale of the unit(s).

2.

The monthly affordable rent for inclusionary units shall be restricted for a period of fifty five years pursuant to an affordable housing agreement recorded against the property.

3.

A longer term of affordability may be required if the residential development receives a subsidy of any type, including but not limited to loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and the subsidy program requires a longer term of affordability.

B.

The developer shall be required to execute standard documents, in a form approved by the city attorney, to ensure the continued affordability of the inclusionary units approved for each residential development. The documents may include, but are not limited to, inclusionary housing agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents. The affordability documents shall be recorded against the residential development, all inclusionary units, and any site subject to the provisions of this chapter. Affordability documents for for-sale owner-occupied inclusionary units shall also include subordinate shared appreciation documents permitting the city to capture at resale the difference between the market rate value of the inclusionary unit and the affordable housing cost,

corded against the residential development, all inclusionary units, and any site subject to the provisions of this chapter. Affordability documents for for-sale owner-occupied inclusionary units shall also include subordinate shared appreciation documents permitting the city to capture at resale the difference between the market rate value of the inclusionary unit and the affordable housing cost,

plus a share of appreciation realized from an unrestricted sale in such amounts as deemed necessary by the city to replace the inclusionary unit.

C.

Unless otherwise required by law, all promissory note repayments, shared appreciation payments, or other payments collected under this section shall be deposited in the City of El Cerrito Affordable Housing Trust Fund established pursuant to Section 19.30.070.

D.

Any household that occupies an inclusionary unit must occupy that unit as its principal residence at all times, unless the community development director approves rental to a third party for a limited period of time due to household hardship.

E.

No household may begin occupancy of an inclusionary unit until the household has been determined to be an eligible household to occupy that unit. Rental inclusionary units shall continue to be rented to income eligible households at an affordable rent for the entire term of the inclusionary housing restriction. The community development director shall establish standards for determining household income, maximum occupancy, affordable housing cost, provisions for continued monitoring of tenant eligibility, and other eligibility criteria.

F.

Officials, employees, or consultants of the city, and members of boards and commissions thereof, shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an inclusionary unit. City council may adopt additional conflict of interest provisions relating to the administration of this paragraph and the eligibility of persons to occupy inclusionary units pursuant to this chapter.

(Ord. No. 2018-02, § 2, 5-15-2018)

A.

Affordable Housing Trust Fund.

1.

Unless otherwise required by law, all in lieu fees, fees, promissory note repayments, shared appreciation payments, or other funds collected under this chapter shall be deposited into a separate account to be designated as the City of El Cerrito Affordable Housing Trust Fund.

2.

The moneys in the affordable housing trust fund and all earnings from investment of the moneys in the affordable housing trust fund shall be expended exclusively to provide housing affordable to extremely low income, very low income, lower income, and moderate-income households in the City of El Cerrito and administration and compliance monitoring of the inclusionary housing program.

B.

Monitoring of Compliance. Each inclusionary housing agreement shall include provisions for the monitoring by the city of each residential development and each inclusionary unit for compliance with the terms of this chapter, the applicable inclusionary housing agreement, and as required by law. Such provisions shall require annual compliance reports to be submitted to the city by the owner and the city shall conduct periodic on-site audits to insure compliance with all applicable laws, policies, and agreements. The city council may adopt fees for the costs of monitoring and compliance by the city, which shall be deposited into the affordable housing trust fund for that purpose.

C.

Waiver.

1.

Notwithstanding any other provision of this chapter, the requirements of this chapter may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, applying the requirements of this chapter would take property in violation of the United States or California Constitutions.

2.

Any request for a waiver, adjustment, or reduction under this section shall be submitted to the city concurrently with the affordable housing plan required by Section 19.30.040 of this chapter. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

3.

The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the affordable housing plan and is subject to the appeal process for affordable housing plans in Section 19.30.040.

4.

In making a determination on an application for waiver, adjustment, or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim. The city may assume each of the following when applicable:

a.

That the applicant will provide the most economical inclusionary units feasible, meeting the requirements of this chapter and any regulations adopted to implement this chapter.

b.

That the applicant is likely to obtain housing subsidies when such funds are reasonably available.

5.

The waiver, adjustment or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.

D.

Implementation and Enforcement.

1.

The community development director may issue regulations or interpretations to assist in the implementation and administration of all aspects of this chapter.

2.

The city shall evaluate the effectiveness of the ordinance codified in this chapter, for review by the city council, three years or sooner after the effective date of this chapter.

3.

The city attorney shall be authorized to enforce the provisions of this chapter and all inclusionary housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deed of trust, and other requirements placed on inclusionary units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this chapter.

4.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter. No permit, license, map, or other approval or planning permit for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

5.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 2018-02, § 2, 5-15-2018)

Part V. - Administration Chapter 19.31 - PLANNING AGENCY

Sections:

The purpose of this Chapter is to identify the bodies, officials, and administrators, with designated responsibilities under various parts and chapters of the El Cerrito Zoning Ordinance. Subsequent chapters of Part V provide detailed information regarding various procedures, applications, and permits including Zoning and General Plan text and map amendments, fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Zoning Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

(Ord. 2008-2 Div. II (part), 2008.)

The City Council has the following powers and duties under this Zoning Ordinance:

A.

To consider and adopt, reject or modify amendments to the General Plan as recommended by the Planning Commission, pursuant to this code, this title, and of the State, following a public hearing.

B.

To consider and adopt, reject or modify amendments to the Zoning Map or Ordinance as recommended by the Planning Commission, pursuant to the provisions of Chapter 19.40, Amendments to Zoning Map and Text and the State Planning and Zoning Law, following a public hearing.

C.

To hear and decide appeals from decisions of the Planning Commission on Use Permits, Variances, and any other permits that can be appealed pursuant to the provisions of Chapter 19.39, Appeals, and other applicable requirements.

D.

To hear and decide appeals on environmental determinations by the Zoning Administrator or the Planning Commission as provided for in the California Environmental Quality Act.

(Ord. 2008-2 Div. II (part), 2008.)

19.31.030 - Planning commission.

A.

The Planning Commission has the following powers and duties under this Zoning Ordinance: Initiate, review, and recommend to the City Council amendments to the General Plan, Zoning Ordinance and Zoning Map.

B.

Approve, conditionally approve, amend or deny Use Permits and Variances pursuant to the provisions of Chapters 19.34, Use Permits, 19.36, Variances, and 19.37, Waivers and Exceptions.

C.

Approve, conditionally approve, amend, or deny design review applications when the Planning Commission decides appeals of decisions by the Design Review Board pursuant to Chapter 19.39, Appeals.

D.

Initiate proceedings to revoke Use Permits, Variances, or other zoning permits pursuant to the provisions of Chapter 19.32, and all other enforcement provisions of this title.

E.

Hear and decide appeals from decisions of the Zoning Administrator in the enforcement of this Zoning Ordinance and any other decisions that are subject to appeal pursuant to the procedures in Chapter 19.39, Appeals.

F.

Hold public hearings and make recommendations to the City Council about development agreements, pursuant to the provisions in Chapter 19.41, Development Agreements.

G.

Make environmental determinations on any approvals it grants that are subject to the California Environmental Quality Act and the City of El Cerrito's adopted environmental review guidelines, pursuant to the provisions of Chapter 19.42, Environmental Review.

H.

Determine which incentives the City should grant to development projects that are eligible for such incentives under this Zoning Ordinance, and/or the provisions of State law applicable to affordable housing.

I.

Other duties and powers as assigned by the City Council.

(Ord. 2008-2 Div. II (part), 2008.)

19.31.040 - Design review board.

A.

The Design Review Board has the following power and duties under this Zoning Ordinance: Approve, conditionally approve, or deny applications for design review pursuant to Chapter 19.38, Design Review.

B.

Hear and decide appeals from administrative design review decisions of the Zoning Administrator pursuant to the procedures in Chapter 19.32, Common Procedures, and Chapter 19.39, Appeals.

C.

Upon request by the Planning Commission, the City Council, or any other City Board or Commission, make recommendations on matters related to design of projects that are within its purview.

(Ord. 2008-2 Div. II (part), 2008.)

The Community Development Director is a City staff member designated by the City Manager to oversee administration of the Community Development Department. The Community Development Director has the following powers and duties pursuant to this Zoning Ordinance:

A.

Provide professional recommendations to the City Council, Planning Commission, Design Review Board, other appointed officials and City management on matters related to the planning and development of the community.

B.

Act as or appoint a Zoning Administrator pursuant to Section 19.31.060.

C.

Serve as or designate a member of the Planning Department staff to serve as Executive Secretary of the Planning Commission and Design Review Board.

D.

Investigate and make reports on violations of permit terms and conditions when the City has initiated revocation procedures.

(Ord. 2008-2 Div. II (part), 2008.)

The Zoning Administrator is the Community Development Director or a City staff member appointed by the Community Development Director to manage administration of the Planning Department. The Zoning Administrator and/or designee has the following powers and duties:

A.

Interpret the Zoning Ordinance to members of the public and to other City Departments.

B.

Issue written regulations for the administration of this Zoning Ordinance.

C.

Process, review, and make recommendations to the Planning Commission on applications for:

1.

Amendments to the General Plan text or map; or

2.

Amendments to Zoning Ordinance text or map.

D.

Review applications to determine if they are complete and shall be accepted for processing under the requirements of this Zoning Ordinance per approval of the Zoning Administrator.

E.

Subject to appeal as specified in this Zoning Ordinance and State law, administer environmental review requirements pursuant to the California Environmental Quality Act and the City's adopted environmental review guidelines including:

1.

Determine whether applications are exempt from environmental review;

2.

Propose project revisions and conditions to mitigate environmental impacts;

3.

Determine whether applications shall require the preparation of an environmental impact report; and

4.

Approve Negative Declarations and Mitigated Negative Declarations for actions that do not require Planning Commission review pursuant to this Zoning Ordinance.

F.

Review, approve, conditionally approve, or deny applications for Administrative Use Permits.

G.

Approve amendments to Administrative Use Permits, Conditional Use Permits and Design Review approvals and other types of approvals as provided for in Chapter 19.32, Common Procedures.

H.

Review, approve, conditionally approve, or deny applications for signs that do not require action by the Design Review Board or Planning Commission.

I.

Process and make recommendations to the Planning Commission on all applications, appeals and other matters upon which the Commission has the authority and the duty to act under the provisions of this Zoning Ordinance.

J.

Refer to the Planning Commission for action any application for Administrative Use Permit, Administrative Variance, Temporary Use, Waiver, Exception, Zoning Clearance, or amendment pursuant to the provisions of this Part of the Zoning Ordinance.

K.

Make determinations regarding design review and make recommendations on applications for design review.

L.

Perform administrative design review, including the approval of minor amendments to approved plans, pursuant to Chapter 19.38, Design Review of this Zoning Ordinance.

M.

Grant waivers and exceptions from the provisions of this Zoning Ordinance as provided for in Chapter 19.37, Waivers and Exceptions.

N.

Determine whether applications would require a zoning change or amendment to the General Plan.

O.

Make determinations of zoning conformance pursuant to Chapter 19.33, Zoning Conformance Review.

P.

Make written interpretations of the Zoning Ordinance, verifications of zoning regulations, verifications related to previous permits, and other matters related to the application and interpretation of the Zoning Ordinance.

Q.

Make recommendations to the Design Review Board and Planning Commission on guidelines for conducting design review.

R.

Provide public notice as required for Zoning Administrator, Planning Commission and Design Review Board hearings.

S.

Provide public notice of preliminary design plans for single-family construction and require the erection of story poles if deemed appropriate pursuant to Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

This section designates the City Building Official as the official responsible for enforcing zoning regulations pertaining to the construction and alteration of buildings and structures.

The City Building Official has the following duties under this Zoning Ordinance:

A.

Enforcing the provisions of the Zoning Ordinance, including conducting inspections and issuing warrants and citations as provided for by State law and the Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.32 - COMMON PROCEDURES

Sections:

This Chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in the Zoning Ordinance unless superseded by specific requirements of this Zoning Ordinance or State law.

(Ord. 2008-2 Div. II (part), 2008.)

19.32.020 - Application forms and fees.

A.

Applicants. The following persons may file applications:

1.

The owner of the subject property.

2.

An agent representing the owner, duly authorized to do so in writing by the owner.

3.

A lessee in possession of the subject property applying for a Zoning Clearance or Use Permit for a Home Occupation may file without the consent of the owner, provided that in the case of an application for a Use Permit for a Home Occupation, the owner of the property shall be given notice of the application.

B.

Application Forms and Supporting Materials.

1.

The Zoning Administrator or designee shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Zoning Ordinance.

2.

The Zoning Administrator may require the submission of supporting materials as any part of the application, including but not limited to statements, photographs, plans, drawings, renderings, visual simulations, models, material samples and other items necessary to describe existing conditions and the proposed project. The Zoning Administrator may require sufficient information to permit the City to determine the level of environmental review that shall be required pursuant to the California Environmental Quality Act and the City's adopted environmental review guidelines. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear three years after project completion.

All material submitted becomes the property of the City and public information.

4.

At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Department offices. Unless barred by law, copies of such materials shall be made available at a reasonable cost to be established annually through City Council resolution.

(Ord. 2008-2 Div. II (part), 2008.)

Pre-Application review is an optional review process that is intended to provide information and feedback to applicants on relevant policies, regulations, guidelines, and procedures related to projects subject to discretionary approvals pursuant to the Zoning Ordinance. This review is intended for large, complex and/or potentially controversial projects.

A.

No submittal will be accepted for pre-application review without payment of a fee established by resolution of the City Council and submission of materials that the Zoning Administrator has determined necessary to conduct such review.

B.

A potential applicant may request or the Zoning Administrator may recommend pre-application review by the Planning Commission or Design Review Board. Any recommendations that result from such review shall be advisory only and not binding on the applicant or City.

(Ord. 2008-2 Div. II (part), 2008.)

A.

When an application is determined to be complete the Zoning Administrator shall make a record of that date. If an application requires a public hearing, the Zoning Administrator shall schedule it and notify the applicant of the date and time.

B.

The Zoning Administrator may, upon written request by the applicant and for good cause, grant extensions of any time limit for review of applications imposed by this Zoning Ordinance in compliance with State law.

(Ord. 2008-2 Div. II (part), 2008.)

Notification shall be provided in compliance with the requirements of State law and as follows whenever public notice is required by the provisions of this Zoning Ordinance.

A.

Mailed Notice. At least ten calendar days before the date of the public hearing or the date of action when no public hearing is required, the Zoning Administrator, or the City Clerk for hearings before the City Council, shall provide notice by First Class mail to:

1.

All property owners of record within a 300-foot radius of the proposed project, as shown on the County Assessors roll;

2.

All neighborhood and community organizations that have previously requested notice of projects in the area where the site is located in writing; and

3.

Any person or group that has specifically requested notice regarding the application in writing.

B.

Published Notice. When a provision of this Zoning Ordinance requires a public hearing, in addition to providing mailed notice pursuant to subsection (A), the City shall provide notice within ten days of the hearing by publication in at least one newspaper of general circulation within the City.

C.

Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice required in subsection (A), the Zoning Administrator or City Clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least ten days prior to the hearing. This publication may also be used to satisfy the additional hearing notice requirements of subsection (B) above.

D.

Additional Hearing Notice. The Zoning Administrator may require additional notification as follows:

1.

Expand the mailed notice of a public hearing to owners of real property that is the subject of the public hearing;

2.

Posting the notice on the property that is a subject of the hearing;

3.

Providing notice of a public hearing to homeowners associations in the neighborhood of a project; and

4.

Providing notice of a public hearing to residents or merchants within the mailing radius.

The Zoning Administrator may also provide any additional notice that he or she determines is necessary or desirable.

E.

Contents of Notice. The notice shall include the following information:

1.

A general description of the proposed project or action and the property included in the application;

2.

The date, time, location, and purpose of the public hearing;

3.

The names of the applicant and the owner of the property that is the subject of the application;

4.

A general description of the environmental review conducted in connection with review of the application and the determination and/or documentation prepared;

5.

The location and times at which the complete application and project file, including environmental documentation, may be viewed by the public;

6.

A statement that any interested person or authorized agent may appear and be heard; and

7.

A statement describing how to submit written comments.

F.

Public Notification of Non-Discretionary Multi-Story Single Family Design Plans.

1.

Notwithstanding the previous requirements in this section, no building permit shall be issued in any RS zoning district for any new construction, addition, or alteration of a single-family dwelling of more than one story until the proposed plans have been available for public review pursuant to the requirements of this section. This includes additions to existing single-family dwellings that would add an additional story or expand any story above the ground floor.

2.

This subsection F shall not apply to any project for which notice is provided to neighbors within 300 feet, including any project for which design review is required.

3.

Preliminary plans shall be submitted to the Zoning Administrator prior to submitting an application for a building permit. Preliminary plans shall include a plot plan drawn to scale, showing dimensions of all setbacks from property lines, and showing locations of all buildings on abutting sites, with an illustration plotting shadows of the proposed building as they would be cast at noon on December 21st of any year. Submittals shall include building floor plans with a series of cross-sections illustrating the height limit and setback planes.

4.

The Zoning Administrator may require the installation of story poles for any project that proposes to increase the height of an existing structure beyond one-story or any new structure proposed to be more than one-story. An applicant may have this requirement waived for any project pursuant to a statement signed by the owners of all adjacent properties as determined by the Zoning Administrator agreeing that story poles are not necessary. If story poles are required, they shall be fully erected, subject to City standards, prior to the start of the 14-day notice period.

5.

The Zoning Administrator shall mail notice to all owners of properties located within 300 feet of the boundaries of the property where such construction is proposed, advising that plans for a single-family dwelling, involving either new construction or an addition, are available for inspection by the public for a period of 14 days from the date of the notice. In the event that such plans are subsequently changed in any way that would change the articulation of the roofline, increase the height or reduce the setback of a structure, the Zoning Administrator shall mail a new notice to said owners and tenants, advising them that revised plans are available for a 14-day review period.

G.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive such mailed notice.

(Ord. 2008-2 Div. II (part), 2008.)

A public hearing held pursuant to this Zoning Ordinance shall comply with the following procedures:

A.

Public Hearing Testimony.

1.

Rights of All Persons. Except as otherwise provided in Paragraph 2 below, any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

Time Limits. Notwithstanding the foregoing, the Mayor for hearings before the City Council, or the Chair for hearings before any other body, may establish time limits for individual testimony and may require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

B.

Order of Proceedings at Public Hearing. The order of the proceedings at the public hearing shall generally be as follows. This order may be modified by the decision-making body in their rules for conduct of meetings:

1.

Staff Report Presented. Staff shall present a verbal report that includes a recommendation when appropriate, and shall respond to questions from the body.

2.

Public Hearing. The Mayor or Chair shall open the public hearing.

3.

Applicant Presentation. The applicant shall present the project and respond to questions from the body.

4.

Public Testimony. Testimony will be accepted from those requesting to be heard.

5.

Applicant Response. The Mayor or Chair may request the applicant to respond to testimony or evidence presented by the public.

6.

Close of Public Hearing. The Mayor or Chair shall close the public hearing.

7.

Staff Response. Staff may provide information or clarification regarding matters raised during the public testimony.

8.

Deliberation and Action. The Council, Board or Commission shall discuss the request and approve, approve with amendments, deny, or continue consideration of the request.

C.

Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date. Provided that in the latter instance the body conducting the public hearing provides notice of the continued hearing in the manner prescribed in this Chapter once a date has been established for the continued hearing.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Discouraging Ex Parte Communications. To ensure that the decision-making process is fair and impartial, all members of the Planning Commission and Design Review Board are discouraged from, directly or indirectly, receiving, participating in, or making, or causing to be made any ex parte communication relevant to the merits of an application pending before that body. Ex parte communications are oral or written, off-the-record communications made to or by members of the Commission or Board with applicants, neighbors, or other interested parties excluding City staff and officials acting in their official capacity. Such contacts include, but are not limited to, one-on-one meetings, discussions, telephone calls, or e-mail messages that occur outside of a public meeting of the body on which the City official serves at which the matter discussed has been publicly noticed.

B.

Exceptions. This policy discouraging ex parte communications shall not apply to communications between Board, Commission, or Staff. This policy is not intended to prevent site visits that are reported in the record, the receipt of expert opinion, and the review of mail and other correspondence relating to the proceedings. This policy also excludes meetings between ad hoc committees that the Planning Commission or Design Review Board may establish to meet with applicants and/or surrounding property owners on a particular application. Such ad hoc committees shall include less than a majority of the total membership of the Commission or Board. All such communications shall be documented and entered into the record of the proceedings as provided for in subsection (C).

C.

Disclosure of Communications. Any official who receives an ex parte communication, or who participates in a site visit shall place the communication in the public record or shall enter into the record a statement describing the time, place, and content of the communication.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. Unless otherwise specified therein, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.

Unless otherwise specified required, or approved by the Zoning Administrator, Planning Commission, Design Review Board, or Council, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any

approval may be subject to requirements that the permittee guarantees, warranties or insures that the Permit's plans and/or conditions shall in all respects be complied with.

C.

The approved use and/or construction is subject to, and shall comply with, all applicable City ordinances and laws and regulations of other governmental agencies.

D.

If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of the Zoning Ordinance or require additional permits, then the approval shall be deemed null and void.

E.

All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the Use Permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.

(Ord. 2008-2 Div. II (part), 2008.)

No building permit or business license shall be issued for any project where a Variance, Use Permit, or other discretionary permit subject to appeal is required by the terms of this Zoning Ordinance until after the 10th day following the date of the approval of the discretionary permit.

(Ord. 2008-2 Div. II (part), 2008.)

19.32.100 - Expiration and extension.

A.

Automatic Lapse. Any permit granted under this Zoning Ordinance may be declared lapsed and of no further force and effect if:

1.

The permit is not exercised or extended within two years of its issuance.

2.

The property has been vacant for at least one year and the permit holder or the owner of the property, in the event they are different, has not demonstrated a continuous good faith effort to reoccupy the property with the use specified in the approved permit. In such cases, the permit holder shall have the burden of establishing his/her continuous good faith effort to reestablish the use. The Planning Commission may require the permit holder to produce documentation to substantiate that intent.

B.

Exercise of Use Permit. A permit for the use of a building or a property is exercised when the permitted use has commenced on the property.

C.

Extension. The Zoning Administrator may approve a single one-year extension of any permit or approval granted under this Zoning Ordinance upon receipt of a written application with the required fee prior to expiration of the permit. All other extensions shall require approval by the Planning Commission.

D.

Lapse by Written Notice. Permits may be declared lapsed (null and void) by the Zoning Administrator upon 15 days written notice to the permit holder. Any determination by the Zoning Administrator that a permit has lapsed may be appealed to the Planning Commission in the same manner as an action by the Zoning Administrator on an Administrative Use Permit.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Changes Requiring Amendment. No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is amended by the Zoning Administrator, Design Review Board, or Planning Commission as provided for in this Zoning Ordinance. Unless specifically authorized in the original approval, changes that require amendment include, but are not limited to, the following:

1.

Expanding the floor or lot coverage devoted to the approved use or uses by more than 10 percent;

2.

Substantially expanding the floor area, or lot coverage devoted to customer service and/or increase in the number of customer seats;

3.

Substantially increasing the number of dwelling units, employees, beds, rooms or entrances; or

4.

Establishing a new product line, service, function or activity so as to change the use as defined in Chapter 19.46, Use Classifications or as defined in the City Building Code.

B.

Minor Amendment by Zoning Administrator. The Zoning Administrator may approve minor amendments to approved plans that are in substantial conformance with plans, findings and conditions approved by the Zoning Administrator, Design Review Board or the Planning Commission, and that would not intensify any potentially detrimental effects of the project.

(Ord. 2008-2 Div. II (part), 2008.)

Any permit granted under this Zoning Ordinance may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith.

A.

Revocation Procedure. The Planning Commission, by its own action, at the request of the City Council by resolution, or following a recommendation from the Zoning Administrator, may initiate revocation proceedings.

B.

Public Notification. The Zoning Administrator shall give notice of the hearing before the Planning Commission pursuant to the requirements of Section 19.32.050 after providing mailed notice to the current permit holder within the prescribed time period.

C.

Conduct of Public Hearing. The public hearing regarding the revocation of a permit or variance or other approval shall be conducted in the same manner as for Use Permits pursuant to Section 19.32.060.

D.

Required Findings. The Planning Commission may revoke or amend the permit if it makes any of the following findings:

1.

The permit has lapsed as provided for in Section 19.32.100.

2.

The permit holder has failed to comply with one or more of the conditions set forth in the permit.

3.

The use, building, site or structure has been substantially changed in character or substantially expanded beyond what is set forth in the permit or plans.

4.

The property has been vacant for at least one year and the permit holder or the owner of the property, in the event they are different, has not demonstrated a continuous good faith effort to reoccupy the property with the use specified in the approved permit. In such cases, the permit holder shall have the burden of establishing his/her continuous good faith effort to reestablish the use. The Planning Commission may require the permit holder to produce documentation to substantiate that intent.

E.

Notice of Action. Following Planning Commission action to revoke or amend a permit, the Zoning Administrator shall within 15 days issue a Notice of Action describing the Commission's action, with its findings. The Zoning

Administrator shall mail notice to the permit holder and to any person who requested the revocation proceeding and shall file a copy of the Notice with the City Clerk. The Clerk shall provide the City Council with a copy of the notice at its next regular meeting.

F.

Appeals. The Planning Commission's action shall be subject to appeal to the City Council as provided for in Chapter 19.39, Appeals.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.33 - ZONING CLEARANCE REVIEW

Sections:

This Chapter establishes procedures for conducting Zoning Clearance review to ensure that each new or expanded use or structure complies with the applicable requirements of this Zoning Ordinance. Having made such determination, the City keeps a record of the Zoning Clearance approval that will serve as a record of the initial establishment of a use, or the construction of a structure, which is allowed as a matter of right. For new businesses or substantial changes to existing businesses, the Zoning Clearance will assist the applicant to ensure their business meets all zoning regulations.

(Ord. 2008-2 Div. II (part), 2008.)

Zoning Clearance approval is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this Zoning Ordinance. The Zoning Clearance form will be completed at the same time as the evaluation of the business license application.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Zoning Administrator. Prior to obtaining any business license, building permit, subdivision approval, or lot line adjustment, the applicant shall request the Zoning Administrator to determine whether the use, building, or change in lot configuration complies with all provisions of this Zoning Ordinance or any Use Permit, Variance, or Design Review approval issued pursuant to the Zoning Ordinance's requirements and that all conditions of such permits and approvals have been satisfied.

B.

Application Forms and Fees. Applications and fees for Zoning Clearance Approval shall be submitted in accordance with the provisions set forth in Section 19.32.020. The Zoning Administrator may request that the application be accompanied by plans and related materials necessary to show that the proposed development,

alteration, or use of the property complies with all provisions of this Zoning Ordinance and the requirements and conditions of any applicable Use Permit, Variance, or design review approval.

C.

Applicability. The Zoning Administrator shall determine whether the Zoning Ordinance allows the proposed uses or structures by right. No Zoning Clearance approval shall be required for continuations of previously approved or permitted uses and structures, uses and structures which are not subject to any building or Zoning Ordinance regulations, or other uses or buildings already subject to Use Permits, Variances, or other discretionary approvals in the district in which they are located.

D.

Issuance of Zoning Clearance. A Zoning Clearance shall be issued if the Zoning Administrator determines that the proposed use or building is allowed as a matter of right by the Zoning Ordinance, and conforms to all the applicable development and use standards therein. An approved Zoning Clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Zoning Ordinance.

(Ord. 2008-2 Div. II (part), 2008.)

19.33.040 - Zoning administrator determination.

A.

Request for Determinations. The Zoning Administrator shall have the authority to make zoning determinations for interpretations of the Zoning Ordinance, verifications of zoning regulations, or verifications related to previous permits and other matters related to the application and interpretation of the Zoning Ordinance. Requests for zoning determinations shall be made in writing to the Zoning Administrator. Requests shall be accompanied by the payment of fees established in the City's Master Fee Schedule. The Zoning Administrator shall provide a Zoning Administrator Determination in writing within 30 days of a complete submittal.

(Ord. 2008-2 Div. II (part), 2008.)

A Zoning Clearance or a Zoning Administrator Determination may be appealed to the Planning Commission. The appeal must demonstrate that there is either an error or abuse of discretion by the Zoning Administrator, or that the Zoning Administrator decision is not supported by the evidence in the record. In its review of the appeal, the Planning Commission shall consider the purpose and intent, as well as the letter, of the pertinent provisions, and shall affirm, modify, or reverse the Zoning Administrator determination. The appeal shall be considered pursuant to the provisions of Chapter 19.39, Appeals.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.34 - USE PERMITS

Sections:

This Chapter describes the process and general requirements applicable to those uses for which Parts II and III of this Zoning Ordinance (Base District and Overlay District Regulations) require a Use Permit. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will be harmonious and compatible and not interfere with the use and enjoyment of surrounding properties. The process for review of Use Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions or requirements. Approval of a Use Permit requires careful review of the location, design, configuration, and special impacts of a proposed use to determine, against standards and criteria, the desirability of permitting its establishment on a particular site.

(Ord. 2008-2 Div. II (part), 2008.)

This Chapter specifies the requirements for two Use Permit classifications—Administrative Use Permits that can be approved by the Zoning Administrator, and Conditional Use Permits requiring approval by the Planning Commission, as follows:

A.

Administrative Use Permits. Administrative Use Permits are required to approve those uses specifically identified in Parts II and III, Base District and Overlay District Regulations that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B.

Conditional Use Permits. Conditional Use Permits are required for specifically identified uses requiring special consideration as described in Section 19.34.010 and which may be problematic or controversial due to their size, location, type of operation, or other characteristics that indicate potential for impacts that will affect more than the immediately surrounding properties.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Application Forms and Fees. Written applications for Administrative Use Permits and Conditional Use Permits shall be filed with the Zoning Administrator in accordance with the application procedures in Chapter 19.32, Common Procedures.

B.

Decisions on Administrative Use Permits. All Administrative Use Permit applications shall be decided by the Zoning Administrator. The Zoning Administrator may hold a public hearing to consider the application if the Zoning Administrator determines there is significant public controversy and/or the hearing affords an opportunity to resolve issues of concern. Notification of the public hearing shall be provided in accordance with public notification requirements in Section 19.32.050. Notification of the decision of the Zoning Administrator

shall be provided in accordance with public notification requirements in Section 19.32.050. Appeals of an Administrative Use Permit shall be processed in accordance with Chapter 19.39.

C.

Planning Commission Hearings for Administrative Use Permits. The Zoning Administrator may require a public hearing before the Planning Commission for any Administrative Use Permit application that the Administrator determines to have special neighborhood or community significance. In such cases the applicant shall pay the fee for the Planning Commission public hearing specified in the fee schedule adopted by the City Council. The decision shall be made by the Planning Commission, and appeals shall be heard by the City Council.

D.

Conditional Use Permits for Building Envelope Intrusions. In the event of an application for an intrusion into the building envelope required in Figure 19.06.B, the Zoning Administrator may require the installation of story poles as part of the conditional use permit application. If story poles are required, they shall be fully erected, subject to City standards, 14 days prior to the date of the public hearing and shall remain in place until the end of the appeal period as required by Chapter 19.39.

E.

Decisions on Conditional Use Permits. All Conditional Use Permit applications shall require a public hearing before the Planning Commission. Notification shall be provided in compliance with the public notification requirements in Section 19.32.050.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Findings for Approval. A Use Permit shall only be granted if the Zoning Administrator or Planning Commission finds that the proposal as submitted, modified and/or conditioned conforms to all of the following criteria as well as to any other special findings required for approval of Use Permits in specific zoning districts:

1.

The location, size, design, and operating characteristics of the proposed development will be harmonious and compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

2.

The location and design of the proposal will provide a convenient and functional living, working, shopping, or civic environment that will be an attractive amenity for the City.

3.

The proposal is consistent with the purposes of the district where it is located and conforms in all significant respects with the El Cerrito General Plan and with any other applicable plan adopted by the City Council.

B.

Denial. If the Zoning Administrator or Planning Commission determines that it is not possible to make all of the required findings for approval, the application shall be denied. The specific basis for denial based on the above findings shall be established for the record.

(Ord. 2008-2 Div. II (part), 2008.)

19.34.050 - Conditions of approval.

A.

Conditions. In approving a Use Permit, the Zoning Administrator or Planning Commission may impose any conditions deemed necessary to:

1.

Ensure that the proposal conforms with the El Cerrito General Plan, Zoning Ordinance and with any other applicable regulations, plans or policies;

2.

Achieve the findings for a Use Permit listed in Section 19.34.040 of this Chapter; and

3.

Mitigate any potentially significant impacts identified as a result of environmental review.

B.

Types of Conditions. The decision making authority may impose reasonable conditions including but not limited to: requirements for special yards, open spaces, buffers, fences, walls, location and orientation of entrances, roll-up doors, and screening; specific building design elements; requirements for the installation and maintenance of landscape and erosion control measures; regulation of vehicular ingress, egress and traffic circulation; construction of street improvements and dedication of right-of-way; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours of other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements of periodic review by the Zoning Administrator; submission of final plans to ensure compliance with conditions of approval, and such other conditions deemed necessary and reasonable.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.35 - TEMPORARY USES

Sections:

This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Zoning Administrator Review. The Zoning Administrator may approve applications for temporary uses if the application meets the findings set forth in Section 19.35.040 of this Chapter.

B.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Subsection C.

1.

Car Washes. Car washes conducted by a qualifying sponsoring organization on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code. Temporary car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 12 hours.

2.

Events. Events on nonresidential property including the following:

City-sponsored Events. Any temporary activities sponsored by the city, unless the Zoning Administrator determines a temporary use permit is necessary to effectuate the purposes of this Chapter.

3.

Emergency Facilities. Emergency public health and safety needs/land use activities.

4.

Garage Sales. Garage sales are exempt from the requirement for a temporary use permit; provided, the sales occur no more often than two times per quarter per residence, for a maximum of three consecutive days each.

5.

On-site Construction Yards. On-site contractors' construction yards, including temporary trailers and storage of equipment, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction, whichever occurs first.

6.

Temporary Real Estate Sales Office. A temporary real estate sales office within the area of an approved development project, solely for the first sale of homes, approved as part of the overall project.

C.

Temporary Use Permit Required. A temporary use permit shall be required for the following types of temporary uses:

1.

Commercial Filming. The temporary use of an approved site for the filming of commercials, movies, videos, etc. The Zoning Administrator shall make an additional finding to issue a temporary use permit for this use: the approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.

2.

Events. Events on nonresidential property including the following:

a.

Arts and crafts shows, auctions, civic and community events, fairs, farmers' markets, festivals, flea markets, food events, recreation events, rummage sales, second hand sales, street fairs, and swap meets for up to 12 months.

b.

Outdoor meetings or group activities for seven consecutive days or less, within a 90-day period.

3.

Off-site Construction Yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction project, whichever first occurs.

4.

Onsite real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of residential, commercial, or industrial development.

5.

Outdoor Display/Sales. The temporary outdoor display/sales of merchandise (e.g., parking lot and sidewalk sales) shall be allowed only if the merchandise displayed is otherwise sold within a building on the same site. These activities shall be located immediately adjacent to the structure, and their duration shall not exceed seven consecutive days within a 90-day period.

6.

Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or nonresidential project. The permit may be approved for a specified duration, or upon expiration of the Building Permit, whichever first occurs.

Retail uses on the same property with an established commercial business holding a valid city business license where such retail activity is not in conflict with a Use Permit or the requirements of the zoning district where the use is located.

8.

Seasonal sales of pumpkins and Christmas trees for a period not longer than 45 days in a commercial district on a site where such sales have been permitted previously.

9.

Temporary Structure. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.

10.

Temporary Work Trailer.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

i.

During construction of a subdivision or other development project when a valid Building Permit is in force; or

ii.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

b.

A permit for temporary work trailers may be granted for up to 12 months.

11.

Temporary uses otherwise regulated by this Code or similar temporary uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zone and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

D.

Administrative Use Permit Required in Certain Circumstances. The Zoning Administrator may require an administrative use permit application if the Administrator finds that the temporary use may have substantial and detrimental impacts to surrounding properties, such as noise or traffic impacts that should be considered through an administrative use permit review process. Administrative use permits shall be required for the following uses:

Amusement rides, carnivals, circuses, concerts, live entertainment, outdoor entertainment/sporting events, and tent revivals for 10 consecutive days or less, or five two-day weekends, within a 12-month period.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2013-01, §§ I, II, 4-16-2013)

A.

Application. An application for a temporary use permit shall be submitted at least 45 days before the use is intended to begin. The application shall be on a form that the Zoning Administrator issues for that purpose and shall include the written consent of the owner of the property on which the use is to be located.

B.

Decision by the Zoning Administrator. The Zoning Administrator may approve, conditionally approve, or deny an application for a temporary use upon making the findings required by Section 19.35.040 of this Chapter.

C.

Administrative Use Permit. If the Zoning Administrator requires an Administrative Use Permit per Section 19.35.020(B) of this Chapter, the permit shall be reviewed pursuant to the provisions of Chapters 19.34, Use Permits and 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

The Zoning Administrator may approve a temporary use permit or a temporary Administrative Use Permit upon making all of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the public health, safety and welfare.

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Conditions. The Zoning Administrator may impose any conditions deemed necessary to achieve the findings for a temporary use permit listed in Section 19.35.040 of this Chapter. The Zoning Administrator may impose reasonable conditions including but not limited to: regulation of vehicular ingress, egress and traffic circulation;

regulation of lighting; regulation of hours and/or other characteristics of operation; submission of final plans to ensure compliance with conditions of approval, and such other conditions as the Zoning Administrator may deem necessary and reasonable.

B.

Minimum Conditions. In approving a temporary use permit or a temporary Administrative Use Permit, the Zoning Administrator shall at a minimum impose the following conditions if applicable:

1.

Any construction or other work shall conform to all applicable Zoning Ordinances.

2.

Fire protection and access for fire vehicles shall be provided as specified by the Fire Chief.

3.

The site shall be completely cleared of all trash, debris, signs, sign supports, temporary structures, and electrical service within three days following the date specified for termination of the temporary use.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Decision Final. A decision by the Zoning Administrator to approve a temporary use without requiring an Administrative Use Permit shall be final, and is not subject to appeal.

B.

Appeals for Administrative Use Permits. Any party aggrieved by the decision of the Zoning Administrator to approve, modify, or deny a temporary Administrative Use Permit may appeal the decision to the Planning Commission, pursuant to the provisions of Chapter 19.39, Appeals.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.36 - VARIANCES

Sections:

This Chapter is intended to provide relief where strict application of this Zoning Ordinance will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Variances may be granted with respect to dimensional and performance standards but Variances from the use regulations of this Zoning Ordinance are not allowed.

(Ord. 2008-2 Div. II (part), 2008.)

19.36.020 - Review procedures.

A.

Application. Applications for Variances shall be submitted and reviewed in the same manner as required for Use Permits pursuant to Chapter 19.32, Common Procedures. In addition to any other application requirements specified by the Zoning Administrator, the application for a Variance shall include data or other evidence demonstrating that:

1.

Exceptional or extraordinary circumstances or conditions apply to the land, or structures referred to in the application, which circumstances or conditions do not apply generally to uses, land or structures in the same zoning district;

2.

Due to the special circumstances applicable to this property, strict application of the respective zoning regulation would deprive the property owner of substantial property rights enjoyed by other property owners in the same zoning district and the granting of the Variance is necessary for the preservation and enjoyment of the applicant's substantial rights;

3.

Special circumstances applicable to the property were or are not self-imposed by the property owner; and

4.

Authorization of the Variance substantially meets the intent and purpose of the zoning district in which the subject property is located and will not be detrimental to the health, safety, and welfare.

B.

Public Notification. All applications for Variances shall require a public hearing before the Planning Commission pursuant to Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

After it has conducted a public hearing, the Planning Commission shall approve, conditionally approve, or deny the Variance application.

A.

Findings for Approval. The Planning Commission may approve or conditionally approve a Variance application only if it makes all of the following findings:

1.

There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of the Zoning Ordinance will deprive such property of privileges

enjoyed by other property of the same classification in the same zoning district;

2.

Such special circumstances were not created by the owner or applicants;

3.

The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and

4.

The authorization of the Variance will meet the intent and purpose of the zoning district in which the subject property is located, and will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general.

5.

California Government Code Section 65906 provides that a variance from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B.

Denials. The Planning Commission shall deny an application for a Variance if it is unable to make all of the required findings, in which case it shall state the reasons for that determination.

(Ord. 2008-2 Div. II (part), 2008.)

The Planning Commission shall not approve any changes in the uses permitted in any zoning classification or zoning district or approve any amendment of the requirements of this Zoning Ordinance that would have the effect of allowing the establishment of a use not otherwise permitted. This restriction shall not affect the authority to grant Variances pursuant to this Chapter.

(Ord. 2008-2 Div. II (part), 2008.)

In approving a Variance, the Planning Commission may impose conditions necessary to ensure that the Variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located including conditions to:

A.

Ensure that the proposal conforms with the General Plan, Zoning Ordinance and with any other applicable regulations, plans or policies;

B.

Protect the public health, safety, and welfare;

C.

Ensure operation and maintenance of the use in a manner compatible with existing and potential uses in the surrounding area; and

D.

Mitigate any potentially significant environmental impacts.

E.

Other conditions deemed necessary and reasonable.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.37 - WAIVERS AND EXCEPTIONS

Sections:

The purpose of this Chapter is to establish a process for granting reasonable relief from Zoning Ordinance requirements when it is not possible or practical to approve a Variance. It is the policy of the City to comply with the Federal Fair Housing Act, the Americans with Disabilities Act and the California Fair Employment and Housing Act to provide reasonable accommodation by modifying the application of its zoning and subdivision regulations for persons with disabilities seeking fair access to housing. This Chapter authorizes the Zoning Administrator to grant administrative relief from the Zoning Ordinance's dimensional requirements to achieve these and other objectives and also allows the Planning Commission to grant exceptions and waivers when necessary to accommodate uses protected by State or Federal law.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Application. An application for relief shall be filed with the Zoning Administrator in accordance with the application procedures set forth in Chapter 19.32, Common Procedures. The application shall state in writing the nature of the exception requested and explain how the necessary findings would be satisfied. The applicant shall also submit plans delineating the requested exception. The application shall be accompanied by a fee as established by resolution of the City Council.

B.

Administrative Use Permit Required. The Zoning Administrator may grant relief from the dimensional requirements of this Zoning Ordinance not to exceed 10 percent of the requirement, by approving an Administrative Use Permit, pursuant to the provisions of Chapter 19.34, Use Permits.

C.

Planning Commission Review for Certain Types of Requests. Any relief request to establish a use or structure that would exceed the density or development intensity allowed in a residential district shall be reviewed and decided by the Planning Commission, following the procedures of Chapter 19.34, Use Permits. A public hearing shall be required.

D.

Referral of Applications to Planning Commission. The Zoning Administrator may refer to the Planning Commission any request for a waiver or exception requested to comply with the reasonable accommodation provisions of Federal law based on a determination that there is a compelling public interest requiring compliance with the requirements of this Zoning Ordinance.

E.

Simultaneous Processing. If a request for relief is being submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Ordinance, it shall be heard and acted upon concurrently with that application.

(Ord. 2008-2 Div. II (part), 2008.)

19.37.030 - Standards for which exceptions may be considered.

A.

Standards for Which Exceptions May Be Considered. Up to 10 percent of dimensional requirements, including, but are not limited to:

1.

Front, side, and rear yard setbacks.

2.

The width of any buffer yard required in Chapter 19.25, Landscaping and Buffer Yards.

B.

Standards for Which Exceptions May Not Be Considered. Waiver and Exceptions may not be considered that would require an application for a Variance or Use Permit:

1.

Building Height.

2.

Creek Setbacks.

3.

Exceptions to the main building envelope in the RS district beyond those allowed by the development standards for that district.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Findings for Approval. A decision to grant a waiver or exception shall be based on all of the following findings supported by evidence in the record:

1.

The waiver or exception is necessary due to the physical characteristics of the property, the proposed use or structure, or other circumstances including but not limited to topography, noise exposure, irregular property boundaries, or other unusual circumstances.

2.

There are no alternatives to the requested waiver or exception, including siting at another location that could provide similar benefits to the applicant with less potential detriment to surrounding owners, occupants, and the public.

3.

The granting of the requested waiver or exception would not be detrimental to the health or safety of the public or the occupants of the property, or result in a change in land use or density that would be inconsistent with the requirements of this Zoning Ordinance.

4.

The granting of the waiver or exception will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located.

B.

Additional Finding. If the waiver or exception requested is to provide reasonable accommodation pursuant to Federal or State statute, the following additional finding must be made:

1.

Denial of the requested waiver or exception would impose a substantial burden on religious exercise or conflict with any Federal or State statute requiring reasonable accommodation of persons with disabilities.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Conditions. In approving a waiver or exception, the Zoning Administrator or Planning Commission may impose conditions necessary to achieve the same purposes specified for the imposition of conditions on Variances pursuant to Chapter 19.36, Variances, subject to subsection (B) of this section.

B.

Exception. Where the request for waiver or exception is subject to Federal or state statutes requiring reasonable accommodation, the Zoning Administrator or Planning Commission must find that conditions are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest.

(Ord. 2008-2 Div. II (part), 2008.)

19.37.060 - Recission.

A.

Recission. Waivers and exceptions approved based on Federal or State requirements for reasonable accommodation may be conditioned to provide for recission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.38 - DESIGN REVIEW

Sections:

These regulations establish objectives, standards, and procedures for conducting design review. The purpose of design review is to preserve and enhance the character of El Cerrito's existing neighborhoods, and ensure that new development, construction and exterior improvements are consistent with the General Plan, this Chapter and any adopted design guidelines. Design review is intended to encourage high-quality design, wellcrafted and maintained buildings and landscaping, the use of higher-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects. These regulations shall be carried out in a manner that encourages creative and appropriate solutions while streamlining the approval process whenever possible.

(Ord. 2008-2 Div. II (part), 2008.)

19.38.020 - Applicability and authority.

A.

Applicability. Design review is required for all projects for which a building permit is required that involves new construction or development; exterior alterations and installations; the erection, replacement, or alteration of signage; and landscaping associated with such construction and alterations, with the following exceptions:

1.

The construction or alteration of a single-family dwelling or residential accessory structures on pre-existing lots, unless (a) it is a single-family dwelling within a Planned Development (PD) district, or (b) it is a subdivision of five or more lots when design review is required as a condition of subdivision approval or (c) when Planning Commission requires design review as a condition of approval.

Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features. To be considered "replacement in kind," the features must reasonably match the design, profile, material, and general appearance of the originals.

3.

Changes in the color or finish of building exteriors when the original colors or finishes were not subject to approval by the Design Review Board.

B.

Assignment of Design Review Responsibilities. The Zoning Administrator or Design Review Board have responsibility for conducting design review and making decisions to approve, approve with amendments, or deny the design of projects as follows:

1.

Administrative Design Review. The Zoning Administrator will conduct administrative design review and make decisions to approve, approve with amendments, or deny the design of the projects listed below. The Zoning Administrator may refer any such project to the Design Review Board if the Administrator determines it has special significance.

a.

Temporary signs and all other signs as set forth in Section 19.26.090, Procedures for Sign Approval.

b.

Minor projects, including: (1) minor additions and alterations to existing buildings that do not increase existing floor area by more than 20 percent or more than 2,500 square feet; (2) new construction of accessory structures on an existing lot; or (3) other building alterations which do not significantly alter the visual character or function of a building.

c.

Other types of projects for which this Zoning Ordinance explicitly requires Administrative Design Review.

2.

Design Review Board Review. The Design Review Board will conduct design review and make decisions to approve, approve with amendments, or deny the design of the projects listed below:

a.

Temporary signs and all other signs as set forth in Section 19.26.090, Procedures for Sign Approval, for which review by the Design Review Board is required by ordinance or by request of the Zoning Administrator.

b.

Residential projects with two or more dwelling units.

c.

Single family homes when located in a new subdivision that results in the creation of five or more new parcels.

d.

Major nonresidential projects, including: (1) additions and alterations to existing buildings that increase existing floor area by more than 20 percent or more than 2,500 square feet; (2) new construction other than accessory structures; or (3) other building alterations which significantly alter the visual character or function of a building, with particular attention paid to those buildings fronting major public rights-of-way or transit areas.

e.

All other projects which require design review by the Design Review Board as specified in the Base District Regulations of this Zoning Ordinance.

f.

Projects referred by the Planning Commission.

(Ord. 2008-2 Div. II (part), 2008.)

Any and all proposed uses that require Design Review pursuant to Section 19.38.020.B.2 shall first be conceptually reviewed by the Design Review Board for recommendations on the design and other features so as to assist the applicant and the Planning Commission.

During such preliminary conceptual review, the Design Review Board may comment on site plan issues such as height, building orientation, massing and other site issues. Comments and recommendations made by the Design Review Board shall then be considered by the Planning Commission during deliberations on discretionary permits or approvals. Recommendations shall be advisory and no final or binding decision shall be issued by the Design Review Board during such preliminary review. Following Planning Commission approval, projects shall return to the Design Review Board for final review as detailed in the following Sections.

(Ord. 2008-2 Div. II (part), 2008.)

The Zoning Administrator or Design Review Board shall approve, conditionally approve or deny, or make recommendations on applications for final aesthetic architectural review based on consideration of the requirements of this Chapter as they apply to design of the structures, landscaping, lighting and other architectural features of an application including:

A.

Building articulation, facade treatment and architectural details.

B.

Exterior colors and materials.

C.

Character defining features and the relation to existing settings.

D.

Design of fences, walls, and screen plantings, including but not limited to height of those structures, materials, colors, and type.

E.

Location and type of landscaping including selection and size of plant materials and design of hardscape including landscape lighting.

F.

The size, location, design, color, number, lighting, and materials of signs.

G.

Design of the streetscape, including but not limited to landscaping, furniture and materials.

(Ord. 2008-2 Div. II (part), 2008.)

19.38.050 - Review procedures and responsibilities.

A.

Application Requirements. Written applications for design review shall be filed with the Planning Division in accordance with the application procedures in Chapter 19.32, Common Procedures.

B.

Public Notice. All applications for design review by the Design Review Board shall require public notice pursuant to Chapter 19.32, Common Procedures. Public notice is not required for administrative design review applications or for conceptual design review meetings.

C.

Review Procedures.

1.

A Preliminary Conceptual Design Review session shall be required for any application that requires a public hearing before the Design Review Board. Such Preliminary review shall occur prior to submittal of a formal application for action by the Board or Commission in accordance with Section 19.38.030. Preliminary design review is intended to provide information on preliminary design concepts that will help an applicant identify issues and develop a formal application for action by the Board or Commission. Based on preliminary design review, the Design Review Board may refer the application to the Zoning Administrator for administrative design review. Conceptual design review recommendations by the Design Review Board shall be forwarded to the Planning Commission for their consideration.

Following Preliminary Conceptual Design Review, the Zoning Administrator shall review all applications submitted for Final Design Review within 30 days to determine if they are complete as provided for in Chapter 19.32, Common Procedures. No application for design review shall be deemed complete until the applicant has applied for any Use Permit, Variance, or other zoning or subdivision approval required pursuant to this Code.

3.

After determining that an application for final design review is complete, the Zoning Administrator shall review the application for compliance with the applicable design review requirements. The Zoning Administrator shall prepare a report and recommendation for any application requiring review by the Design Review Board.

4.

Pursuant to Section 19.38.020.B.1., the Zoning Administrator may conduct a public hearing for any application that may be approved by the Zoning Administrator. The Zoning Administrator shall notify the applicant that a hearing will be required within 30 days of the date the application is received.

5.

A public hearing shall be required for all projects that require design review approval by the Design Review Board.

D.

Coordination with Environmental Review. When a project requiring review by the Design Review Board is subject to environmental review, the Zoning Administrator shall submit the proposed Negative Declaration or Environmental Impact Report to the Planning Commission for review and action pursuant to California Environmental Quality Act (CEQA) requirements before the Design Review Board takes action on the final design review application.

E.

Final Site Plan and Building Permit Review. No building or grading permit shall be issued for any project for which design review is required until the applicant submits and the City approves final building permit plans showing any changes required as a condition of design review approval.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Findings for Approval. The Zoning Administrator or Design Review Board may only approve a final design review application if it finds that the application is consistent with the purposes of this Chapter and is consistent with:

1.

The applicable standards and requirements of this Zoning Ordinance;

The design policies of the General Plan and specific plans adopted by City Council;

3.

Any applicable design guidelines adopted by the City Council;

4.

The design review criteria set forth in the following subsection;

5.

Any planning or zoning approvals by the Planning Commission or Zoning Administrator;

6.

Any other relevant policies or regulations of the City.

B.

Design Review Criteria. When conducting design review, the Zoning Administrator and the Design Review Board shall be guided by whether the project satisfies all applicable criteria, the policies of the General Plan's Community Design Element, and by any other policies or guidelines that may be adopted by the City Council for this purpose. Criteria listed below are specific criteria that, if applicable, all projects must satisfy for approval.

1.

The aesthetic design, including its exterior design and landscaping, is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

2.

Project details, colors, materials, and landscaping, are fully integrated with one another and used in a manner that is visually consistent with the proposed architectural design.

3.

The project has been designed with consideration of neighboring development.

4.

The project contributes to the creation of an attractive and visually interesting built environment that includes well-articulated structures that present varied building facades, rooflines, and building heights and encourages increased pedestrian activity and transit use.

5.

Street frontages are attractive and interesting for pedestrians, address the street and provide for greater safety by allowing for surveillance of the street by people inside buildings and elsewhere.

The proposed design is compatible with the historical or visual character of any area recognized by the City as having such character.

7.

The aesthetic design preserves significant public views and vistas from public streets and open spaces and enhances them by providing areas for pedestrian activity.

8.

The proposed landscaping plan is suitable for the type of project and will improve the appearance of the community by enhancing the building, minimizing hardscape and softening walls; and the landscape plan incorporates plant materials that are drought-tolerant, will minimize water usage, and are compatible with El Cerrito's climate.

9.

The project has been designed to be energy efficient including, but not limited to, landscape design and green or eco-friendly design and materials.

10.

The project design protects and integrates natural features including creeks, open space, significant vegetation, and geologic features. Projects along the Ohlone Greenway shall enhance the usability and aesthetic appeal of the Greenway by integrating it into the fabric of the City through building designs that include entries, yards, patios, and windows that open onto and face the Ohlone Greenway.

C.

Final Design Review Conditions. In granting final design review approval for a project that meets all of the applicable standards and requirements of this Zoning Ordinance, the Zoning Administrator or Design Review Board may impose final aesthetic architectural design conditions reasonably related to the application and deemed necessary to achieve the purposes of this Chapter. Therefore, such conditions may not overlap with, or impose more restrictive requirements than those provided for under Planning Commission land use authority pursuant to State law, the Municipal Code, Zoning Ordinance, and any other adopted plans, policies, permits or regulations. Notwithstanding the foregoing, this section shall not limit the powers of the Zoning Administrator or Design Review Board established by any other law.

(Ord. 2008-2 Div. II (part), 2008.)

19.38.070 - Appeals—Expiration and extensions—Amendments and enforcement.

A.

Appeals. Design review decisions are subject to the appeal provisions of Chapter 19.39, Appeals. Appeals of design review approvals shall be based on design issues that are within the scope of this Chapter and the purview of the design review unless the appellant asserts that the decision exceeds the authority of the decision-making body in conducting design review.

B.

Expiration and Extension. Design review approvals are effective and may be extended as provided for in Chapter 19.32, Common Procedures.

C.

Amendments and Enforcement. All future development shall comply with building permit plans approved following design review unless amendments or changes are approved pursuant to the requirements of Section 19.32.120.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.39 - APPEALS

Sections:

This Chapter establishes uniform procedures for appeals of final decisions by the Zoning Administrator, Design Review Board, and Planning Commission. The intent of this Chapter is to provide means of granting relief to reduce the potential for litigation and to increase fairness to both property owners and aggrieved members of the public.

(Ord. 2008-2 Div. II (part), 2008.)

19.39.020 - Rights of appeal.

A.

Who May File. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Zoning Ordinance.

B.

Appeals to a Court of Law. Unless otherwise specified by Federal or State law, an appeal must be brought and a final decision must be rendered by the hearing body, before the matter may be appealed to a court of law.

(Ord. 2008-2 Div. II (part), 2008.)

Unless otherwise specified in State or Federal law, all appeals must be filed in writing within 10 calendar days from the date of action. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

(Ord. 2008-2 Div. II (part), 2008.)

19.39.040 - Appeal procedures.

A.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses.

B.

Appeals of Zoning Administrator Decisions. A decision of the Zoning Administrator on any application other than design review may be appealed to the Planning Commission by filing a written appeal with the Planning Department. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule. Appeals of the Zoning Administrator's design review decisions may be appealed to the Design Review Board, in the same manner as specified above.

C.

Appeals of Design Review Board Decisions. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Zoning Administrator. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule.

D.

Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City's master fee schedule.

E.

Transmission of Record. The Zoning Administrator, or in the case of appeals to the City Council, the City Clerk, shall schedule the appeal for consideration by the authorized hearing body within 30 days of the date the appeal was filed. The Zoning Administrator shall forward the appeal and all other documents that constitute the record to the hearing body. The Zoning Administrator shall also prepare a staff report that carries forward the action of the body being appealed, and responds to the issues raised by the appeal and may include a recommendation for action.

F.

Hearing Body Action. The authorized hearing body shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and shall take one of the following actions:

1.

Conduct a public hearing; or

2.

Remand the matter to the decision-making body or official to cure a deficiency in the record or the proceedings.

G.

Hearing Body Decision. The hearing body shall render its decision within 30 days of the date the hearing is closed unless State law requires a shorter deadline. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

(Ord. 2008-2 Div. II (part), 2008.)

When reviewing any decision on appeal, the hearing body shall use the same standards for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were originally approved or different ones.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.40 - AMENDMENTS TO ZONING MAP AND TEXT

Sections:

This Chapter provides procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map.

(Ord. 2008-2 Div. II (part), 2008.)

The procedures of this Chapter shall apply to all proposals to change the text of the Zoning Ordinance and/or to revise a zoning district classification or zoning district boundary line shown on the zoning map. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

(Ord. 2008-2 Div. II (part), 2008.)

An amendment may be initiated by the City Council, Planning Commission, City Manager, Community Development Director, or by application of any of the following persons or entities:

A.

One or more property owners affected by the proposed amendment, or their authorized agent.

B.

A person who has entered into an agreement with the El Cerrito Redevelopment Agency for the possible assemblage of the property affected by the proposed amendment.

(Ord. 2008-2 Div. II (part), 2008.)

19.40.040 - Review procedures.

A.

Application. A written application for amendment shall be filed with the Zoning Administrator on a form specified for that purpose and shall be accompanied by a fee in the amount set by the City Council.

B.

Planning Commission Hearing and Action. The Planning Commission shall provide public notification and conduct a public hearing in compliance with the requirements of Chapter 19.32, Common Procedures and applicable provisions of state law. Within 30 days after concluding the hearing, the Planning Commission shall submit a recommendation on the proposed zoning amendment to the City Council. The recommendation shall include the reasons for the recommendation and information regarding the consistency of the proposed Zoning Ordinance amendment with the General Plan and any applicable specific plan. When the City Council has initiated a proposed zoning change, failure of the Planning Commission to report within 90 days shall be deemed to be a recommendation of approval of the proposed zoning amendment by the Commission.

C.

City Council Hearing and Action.

1.

Except as otherwise provided in this Subsection, after receiving the report from the Planning Commission or upon the expiration of the ninety-day period, the City Council shall set the matter for first reading and a public hearing after providing public notice as required by State law, per Chapter 19.32, Common Procedures. Notwithstanding the foregoing, if the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request with the City Clerk within ten days after the Planning Commission action.

2.

After the conclusion of the hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission.

D.

Findings for Zoning Map or Text Amendments. An amendment to the Zoning Map or Text may be approved only if all the following findings are made, as applicable to the type of amendment:

1.

Findings required for all Zoning Map/Text amendments:

a.

The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and c. The proposed project has been reviewed in compliance with the California

Environmental Quality Act (CEQA).

2.

Additional finding for Zoning Text amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

3.

Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.41 - DEVELOPMENT AGREEMENTS

Sections:

This Chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects as provided for in State law. Such development agreements provide a greater degree of certainty by granting assurance that an applicant may proceed with development in accordance with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved. A development agreement shall be a contract that is negotiated and voluntarily entered into by the City and applicant and may contain any additional or modified conditions, terms or provisions agreed upon by the parties.

(Ord. 2008-2 Div. II (part), 2008.)

An applicant for a development project may also apply for a development agreement in accordance with the following procedures. The City incorporates by reference the provisions of California Government Code Sections 65864 through 65869.5 or any successor statute(s). In the event of any conflict between the applicable statutory provisions and this Chapter, the statutory provisions shall control.

A.

Application. An applicant shall submit an application for a development agreement on a form prescribed by the Community Development Director. The Director shall identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The applicant shall pay such fees and charges for the filing and processing of development agreements; the administration of approved development agreements, including annual reviews; and the direct costs of adopting these procedures and requirements, in amounts as established by the Master Fee Schedule. An applicant shall have a legal or equitable interest in the real property that is the subject of the proposed development agreement.

B.

Initial Review of Application. The Community Development Director shall review each application to determine whether it is complete. If the application is found to be incomplete, the Community Development Director shall reject the application and, within forty-five days after submittal of the application, shall inform the applicant of the items necessary to properly complete the application. If the application is complete, the Community Development Director shall determine whether an environmental review is required for the project in compliance with applicable State and local requirements.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Negotiations. The Community Development Director shall negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the Planning Commission and City Council.

B.

Notice of Intent. The Community Development Director shall publish a notice of intent to consider adoption of a development agreement pursuant to Title 7, Division 1, Chapter 4, Article 2.5 of the California Government Code, as may be amended from time to time.

C.

Planning Commission Public Hearing. The Planning Commission shall hold a noticed public hearing on the development agreement. Notice of the public hearing concerning a development agreement shall be provided in combination with any other notice required by law for land use approvals to be considered concurrently with the development agreement. Public Notice shall be provided per Section 19.32.050. The Planning Commission public hearing may, but need not, be held concurrently with the public hearing(s) on other land use approvals for the project.

D.

Recommendation by Planning Commission. The Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination and supporting reasoning whether or not the proposed development agreement:

1.

Is consistent with the goals, objectives, policies, and land uses and programs specified in the general plan and any applicable specific plan;

2.

Is compatible with the uses authorized in this Zoning Ordinance, and the zoning district in which the real property is located;

Will provide substantial public benefits;

4.

Will be non-detrimental to the public health, safety and welfare of the Community; and

5.

Has been reviewed in accordance with the provisions of the California Environmental Quality Act.

E.

City Council Public Hearing. The City Council shall hold a noticed public hearing prior to adoption of any development agreement. Notice of the public hearing shall be given in accordance with the requirements of Section 19.32.050 of this Zoning Ordinance in combination with any other notice required by law for land use approvals to be considered concurrently with the development agreement. The City Council public hearing may, but need not, be held concurrently with the public hearing(s) on other land use approvals for the project.

F.

Decision by City Council.

1.

After the City Council completes the public hearing, it may accept, reject or conditionally accept the recommendation of the Planning Commission; or in the event the Planning Commission has failed to make a recommendation pursuant to subsection (D) of this Section, the City Council shall approve, disapprove or conditionally approve the development agreement. The City Council may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation.

2.

The City Council shall not approve a development agreement unless it finds that its provisions are consistent with the general plan, any applicable specific plan, and zoning. This requirement may be satisfied by a finding that the provisions of the development agreement are consistent with proposed general plan, specific plan, or zoning provisions which are to be adopted concurrently with approval of the development agreement.

(Ord. 2008-2 Div. II (part), 2008.)

A.

A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability to successors in interest.

B.

A development agreement may include requirements for construction and maintenance of onsite and off-site improvements or payment of fees in lieu of such dedications or improvements.

C.

A development agreement may also include conditions, terms, restrictions, and requirements for reviewing subsequent discretionary actions but the approval of a development agreement does not eliminate the applicant's responsibility to obtain all required land use approvals.

D.

A development agreement may include, without limitation, conditions and restrictions imposed by the City with respect to the project including any applicable environmental mitigation measures.

E.

A development agreement may provide that the project be constructed in phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

F.

If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

G.

A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to actions of the applicant in connection with the application or the development and environmental process, including all legal fees and costs.

H.

A development agreement may include provisions to guarantee performance of obligations stated in the agreement, such as a penalty clause.

(Ord. 2008-2 Div. II (part), 2008.)

19.41.050 - Annual review, amendment or cancellation.

A.

Time For and Initiation of Review.

1.

The Community Development Director shall review each approved development agreement in accordance with the documented review schedule at which time the applicant shall be required to demonstrate compliance with the provisions of the development agreement.

The applicant shall complete the required annual review not more than sixty days prior to the review date specified in the development agreement. The applicant shall also provide evidence as determined necessary by the Community Development Director to demonstrate compliance with the provisions of the development agreement. The applicant shall bear the burden of proving by substantial evidence that it has complied with the provisions of the development agreement.

B.

Finding of Non-compliance. If the Community Development Director finds the applicant has not complied with the provisions of the development agreement, the Director shall specify in writing the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. Alternatively, the Community Development Director may refer the development agreement to the City Council to determine compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or amendment pursuant to this Chapter.

C.

Cancellation or Amendment by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties following compliance with the procedures specified in this Chapter. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and the Community Development Director.

D.

Termination or Amendment After Finding of Noncompliance. If an applicant does not comply with the terms of compliance within the prescribed time limits, the Community Development Director may refer the development agreement to the City Council for termination or amendment at a public hearing. After the public hearing, the City Council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance.

E.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement is canceled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.

(Ord. 2008-2 Div. II (part), 2008.)

A.

City Rules Apply. Unless otherwise specified in the development agreement, the City's rules, regulations and official policies governing permitted uses of the property, density, design, improvement standards and specifications applicable to development of the property shall apply to the development agreement.

B.

New Rules May Be Applied. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the City from denying or conditionally approving any subsequent land Use Permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

C.

Rules Affecting Development Agreement. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law.

D.

Enforcement of a Development Agreement. The procedures for enforcement, amendment, cancellation or termination of a development agreement specified in this section and in California Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

E.

Severability Clause. Should any provision of this Chapter or a subsequent development agreement approved pursuant to this Chapter be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Chapter and the development agreement shall remain in full force and effect unimpaired by the holding, except as may otherwise be provided in the development agreement.

F.

Judicial Review—Time Limitation. Any judicial review of an Ordinance approving a development agreement shall be by writ of mandate pursuant to Section 1085 of the California Codeof Civil Procedure or any successor statute; and judicial review of any City action taken by the City pursuant to this Chapter, other than initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the California Code of Civil Procedure or any successor statute. Any action or proceeding to attack, review, set aside, void or annul any decision of the City taken pursuant to this Chapter shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the effective date of the decision.

G.

Notice Requirements. The failure of any person to receive notice required by law or this Chapter does not affect the authority of the City to enter into a development agreement.

H.

Irregularity in Proceedings. No action, inaction, or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to the petition, application, notice, finding, record, hearing, report, recommendation, or any matter of procedure whatever, unless the error complained was prejudicial and that by reason of the error, the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that an error is prejudicial or that injury was done if an error is shown.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.42 - ENVIRONMENTAL REVIEW

Sections:

A.

Purpose. This Chapter establishes City procedures for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other relevant and applicable federal, state, and local environmental laws and regulations for projects subject to the provisions of this Zoning Ordinance. These provisions are intended to insure that responsible decision-makers and the public are informed about the potentially significant environmental effects of proposed activities and that environmental review is integrated with the discretionary review provisions that this Zoning Ordinance establishes.

B.

Applicability. These procedures shall apply to all projects sponsored or assisted by the City and to all private projects requiring any discretionary approvals from the City including private projects involving funding or any other form of participation by a federal agency, if the federal agency requires the City to conduct environmental review in compliance with NEPA. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail. These provisions are not intended to replace the environmental review guidelines that the City Council adopted in compliance with CEQA and the State CEQA Guidelines.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Preliminary Review. Within 30 days after receiving an application subject to the requirements of this Zoning Ordinance, the Zoning Administrator shall conduct review in accordance with the requirements of Section 19.32.040 to determine if the application is complete pursuant to State law and applicable City regulations. As part of this review, the Administrator will identify issues to help decide if the application proposes a project that is subject to environmental review and may require the Applicant to submit additional information needed to support this determination. An application subject to environmental review pursuant to CEQA and the City's environmental guidelines shall not be considered complete until all studies that may be required are submitted.

If the Zoning Administrator determines that an application is not subject to environmental review under CEQA, the Administrator shall proceed to process the application in accordance with this Zoning Ordinance.

B.

Review for Exemption. If the Zoning Administrator determines that the application is a project subject to CEQA, within 30 days after determining that the application is complete, he or she shall determine if the project is exempt from environmental review pursuant to State law, the State CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

1.

If the Zoning Administrator has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice. The notice shall include a citation of the State Guidelines section or statute under which it is found to be exempt.

2.

Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the Applicant may file a Notice of Exemption with the Contra Costa County Clerk as provided for in CEQA and the applicable State and City guidelines. The Applicant for a private project shall be responsible for any fees required to file such notice.

3.

A determination of exemption by any decision-making authority other than the City Council may be appealed to the City Council in the same manner provided for other appeals in Chapter 19.39, Appeals.

C.

Environmental Review Application. If the proposed project is not exempt from environmental review, the Applicant shall submit an application for environmental review accompanied by a fee set by the Master Fee Schedule. The Administrator may require the submission of additional information and supporting documentation with the application for environmental review. After receiving an environmental review application, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR) or Negative or Mitigated Negative Declaration. In order to make this determination, the Zoning Administrator shall prepare an Environmental Initial Study.

D.

Environmental Initial Study. The Initial Study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, peer reviews or other substantial evidence to document its findings regarding the project's potential impacts. An Initial Study is not required to include the same level of detail as an EIR.

1.

If the Zoning Administrator determines, after preliminary review, that the project, due to its design, size, nature, or location, will clearly have a significant impact on the environment and requires preparation of an EIR, an Initial Study is not required but may be prepared to assist identification of environmental issues.

An Initial Study shall include:

a.

A brief description of the project including its specific location;

b.

A brief description of the environmental setting;

c.

A checklist, matrix, or other listing of the project's environmental effects with discussion and documentation to support the entries;

d.

Discussion of ways to mitigate any potential significant effects;

e.

Information on the project's consistency with the General Plan, zoning, and other applicable regulations;

f.

List of resources cited and consulted.

3.

Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project that Staff has deemed necessary to reduce or avoid the significant effects identified in the Initial Study. Within 30 days following the date of the letter, the Applicant shall provide written notification to the Administrator indicating that the proposed amendments are acceptable or shall propose alternative measures that will achieve the same result. If the Applicant does not agree to revise the project an Environmental Impact Report shall be prepared.

E.

Determination of Environmental Significance. Based on the Initial Study, the Zoning Administrator will make one of the following findings:

1.

There is no substantial evidence that the project will have a significant impact on the environment, and a Negative Declaration will be prepared;

2.

The project has been modified to avoid potential environmental impacts or to mitigate such impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared; or

3.

The proposed project will have, or may have, significant impact(s) on the environment and an Environmental Impact Report will be required.

F.

Public Notice of Environmental Determination. If the Zoning Administrator has determined that that proposed project will not have a significant effect on the environment, he or she shall prepare a Negative Declaration for public review in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. If the Applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Zoning Administrator shall prepare a Mitigated Negative Declaration for public review. The Administrator shall provide public notice of the proposed environmental determination at the same time and in the same manner required for the underlying permit in accordance with Chapter 19.32, Common Procedures.

G.

Public Notice of Environmental Determination. The Zoning Administrator shall provide public notice of the proposed environmental determination for a period of at least 20 days in the same manner as the project application subject to environmental review.

H.

Preparation of a Draft EIR. If it is determined that an Environmental Impact Report (EIR) is required, the Zoning Administrator shall prepare, distribute, and post a Notice of Intent to Prepare an EIR in the same manner required for the underlying permit unless otherwise specified in applicable State or Federal requirements. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that should be explored. The Applicant or any aggrieved party who believes that a Negative Declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within 10 days after the notice has been posted. The City Council's decision shall be final. The City will prepare the draft EIR with its own staff or by contract with a consultant chosen by the City in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. The Applicant shall pay the cost of preparing an EIR and reasonable costs for administering the work of outside consultants in accord with the adopted fee schedule.

I.

Public Review of Draft EIR. Following completion of a Draft EIR, the Zoning Administrator shall prepare and post a Notice of Completion initiating a minimum 30-day public review period or 45 days if the project is subject to review by a State Agency. The Administrator shall mail a notice of the availability of a Draft EIR to those requesting such notice in writing, to local and regional agencies, and interested federal agencies. The City shall make copies of the Draft EIR available for public review at the Planning Department during regular office hours and at the El Cerrito Public Library. The City may impose a charge for copies of the Draft EIR in accordance with the adopted fee schedule.

J.

Final EIR. After the public review period has expired, the City or its consultant will prepare a Final EIR for certification by the decision-making bodies responsible for action on the project. The Final EIR will consist of

the Draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the Draft EIR, and a response from the City on significant environmental issues raised in the draft EIR and comments.

K.

Responsibility for Action on Environmental Document. Any City official or body responsible for taking action on a project for which a Negative or Mitigated Negative Declaration, or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is approved, the decision-making body shall impose conditions to mitigate any adverse environmental impacts. The highest decision-making entity responsible for action on an application for a development permit shall approve the Negative Declaration or Mitigated Negative Declaration or certify the Final EIR prior to the time the project is considered for approval. The decision-making entity may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the Negative Declaration (ND) or Mitigated Negative Declaration (MND) or certification of the Final EIR would not comply with the requirements of applicable State and local environmental review requirements. Approval of a Negative Declaration or Mitigated Negative Declaration or certification of a Final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State and local CEQA guidelines and not an approval of a project. Certification of a Final EIR or approval of an ND or MND does not imply that the City endorses the proposed project nor that the City will approve the necessary permit applications.

L.

Timing of Environmental Review. When a development project is subject to environmental review, all decisionmaking officials and entities shall take action on all applications for the project that have been submitted and deemed complete in compliance with the following time limits unless State or Federal law mandate a shorter deadline. Notwithstanding these deadlines, the Applicant may request in writing and the City may approve a single extension for a period not to exceed 90 days unless State law authorizes a longer extension. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Chapter 19.39, Appeals.

1.

Within 60 days of the date the City has determined the project exempt from environmental review;

2.

Within 60 days of the date the Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval;

3.

Within 180 days from the date the decision-making entity certifies the Final EIR.

(Ord. 2008-2 Div. II (part), 2008.)

• 19.42.030 - Mitigation monitoring program.

A.

Program Contents. The City shall approve a mitigation monitoring and reporting program for all projects that it approves via a Mitigated Negative Declaration or a Final EIR. The purpose of the mitigation monitoring program is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project. The Mitigation Monitoring and Reporting Program (MMRP) shall consist of the following:

1.

Mitigation Implementation Plan. A plan which outlines in detail the manner in which mitigation measures will be implemented during preconstruction, construction and post-construction phases of the project;

2.

Compliance Schedule. A schedule indicating the phase of the project (preconstruction, construction or postconstruction) in which mitigation measures will be implemented;

3.

Compliance Reports. Reports specifying how and when each mitigation measure was implemented; and

4.

Verification Report(s). Report(s) made by the city pursuant to an inspection of the project to determine if the applicant has properly and timely implemented mitigation measures identified in the environmental document for the project as set forth in the mitigation implementation plan and compliance schedule.

B.

Submittal and Approval. The MMPR shall be prepared and considered as part of an MND or EIR. The Applicant shall pay fees to the City in an amount not exceeding the reasonable cost for monitoring compliance with the Mitigation Plan.

C.

Enforcement. Failure to comply with the conditions and requirements of an approved mitigation monitoring and reporting program shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement in accordance with the provisions of this Code.

D.

Amendment of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this Zoning Ordinance authorize the City to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.

(Ord. 2008-2 Div. II (part), 2008.)

Notwithstanding other provisions of this Zoning Ordinance, the Applicant or any aggrieved person may appeal the following environmental determinations directly to City Council by filing a written appeal with the City Clerk within 10 days of the date of action or notice of determination.

A.

Determination that a project is or is not subject to environmental review.

B.

Determination that a project is exempt from environmental review.

C.

Approval of a Negative Declaration or Mitigated Negative Declaration.

D.

Certification of a Final Environmental Impact Report.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.43 - ENFORCEMENT*

• Zoning Ordinance enforcement shall be conducted pursuant to code enforcement procedures located within various Chapters of the Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.44 - CONDOMINIUMS

Sections:

The purpose of this chapter is to establish the development and design standards, procedures and required findings for the construction of condominiums, stock cooperatives, community apartments, or any other subdivision of community owned property. More specifically, the purposes of this chapter are to:

A.

Ensure that new condominiums meet sound construction criteria required under state and local regulations and that the density, bulk, height, mass, and character of condominium projects are in character with nearby structures;

B.

Provide a reasonable balance of rental and ownership housing in El Cerrito and meet the variety of housing needs for all income groups in the City; and

C.

Protect the interest of condominium homeowners under the special conditions created by condominiums.

(Ord. 2008-2 Div. II (part), 2008.)

This chapter applies to the construction of all new condominium, stock cooperatives, community apartments, or any other subdivision of community owned multi-family housing in the City (collectively called "condominiums").

(Ord. 2008-2 Div. II (part), 2008.)

19.44.030 - Filing and fee.

A.

Required Maps and Plans. All new condominium projects shall submit applicable parcel maps or tentative and final maps pursuant to Title 18, together with a filing fee in accordance with the current fee schedule established by the City. Exceptions may be permitted as provided in Title 18. The developer of a proposed condominium project shall submit two copies of the condominium development plan to the Planning Division, together with the required filing fee. The Department may require the submittal of additional copies of the plan as necessary to evaluate the project. The condominium development plan shall include:

1.

Property Description. A complete legal description of the property, and a boundary map showing the existing topography of the site and the location of all existing easements, structures, other improvements, trees and shrubs;

2.

Development Plans. Schematic development plans with dimensions, consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal sections showing natural and proposed grades, and a conceptual landscaping plan for the project;

3.

Department of Real Estate Application. A copy of the project application submitted to the State of California's Department of Real Estate for a subdivision public report; and

4.

Additional Information. Any other information the Planning Commission and/or Planning Director find necessary to evaluate the project.

B.

Covenants, Conditions and Restrictions (CC&Rs). A declaration of CC&Rs which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering.

C.

Review and Approval. All parcel maps or tentative and final maps required for new condominiums shall be reviewed and approved pursuant to the requirements of the Title 18 of the Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

All condominium projects shall conform to the requirements of the City's building code and the zoning regulations of the zoning district in which the project is located. In addition, proposed condominium projects are subject to the following standards:

A.

Ground Fault Circuit Interrupters. Each bathroom in each living unit shall be provided with ground fault circuit interrupters in compliance with the Building Code.

B.

Fire Prevention. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

C.

Sound Transmission Standards. The following standards shall apply to condominium projects to limit noise transmissions:

1.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

2.

Noise Resistance. Common walls and floors between dwelling units shall comply with the City's building code provisions governing noise resistance for newly constructed common walls and floors.

D.

Crime Prevention Standards. All condominium projects shall comply with the requirements of the Security Ordinance in Chapter 16.14 of the El Cerrito Municipal Code. The developer shall comply with all conditions of the city's police department in respect to building security. In addition, prior to the approval of the final map, all locks in the project shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion.

E.

Utility Metering. Each dwelling unit shall be separately metered for gas and electricity. A plan for equitable sharing of communal or individual water metering shall be developed prior to final map approval or parcel map

approval if no final map is required and included in the Covenants, Conditions and Restrictions. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be waived by the Planning Commission.

F.

Provision of Private Open Space for Each Unit. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium in accordance with Section 19.06.030.R and Section 19.07.030.N of the Municipal Code. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets and such space shall be at the same level as, and immediately accessible from a room within the unit. The planning commission may allow variations from the dimensional standards of Sections 19.06.030.R and 19.07.030.N if the commission makes a finding, based upon substantial evidence in the record, that the proposed private open space meets the stated purposes of this chapter.

G.

Provision of Common Open Space. Common usable open space shall be provided in accordance with Section 19.06.030.R or Section 19.07.030.N.

H.

Provision of Storage Space for Each Unit.

1.

In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner.

2.

Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two locations within a reasonable distance of the unit.

3.

If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.

4.

Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

I.

Provision of Laundry Facilities. Laundry facilities shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or

fraction thereof. In such cases where the applicant can demonstrate that this standard cannot or should not be reasonably met, this standard may be modified by the Planning Commission.

J.

Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.

(Ord. 2008-2 Div. II (part), 2008.)

An application for a new condominium project shall not be approved unless the Department finds that the application sufficiently demonstrates all of the following:

A.

All provisions of this Chapter are met.

B.

The proposed project is consistent with the General Plan, and any applicable specific plans.

C.

The proposed project will conform to the El Cerrito Municipal Code in effect at the time of tentative or parcel map approval.

D.

The site is physically suitable for the type of development and the proposed density of the development.

E.

All parcels created have adequate and safe access from a public street for both vehicles and pedestrians.

F.

The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an EIR was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.45 - CONDOMINIUM CONVERSIONS

Sections:

The purpose of this chapter is to establish criteria for the conversion of existing multiple family rental housing to condominiums and to reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion.

(Ord. 2008-2 Div. II (part), 2008.)

The regulations set forth in this chapter shall apply to the conversion of existing multiple family rental housing to condominiums. This chapter shall not apply to a "limited-equity housing cooperative" as defined in Section 11003.4 of the California Business and Professional Code.

(Ord. 2008-2 Div. II (part), 2008.)

A condominium conversion project shall require the approval of a use permit, parcel maps or tentative and final maps pursuant to Chapter 19.34 and Title 18 of the El Cerrito Municipal Code, together with a filing fee in accordance with the current fee schedule established by the City. In addition to required use permit and map submittals, the developer shall submit the following:

A.

Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities shall be submitted with the tentative map or parcel map. The report shall include, but not be limited to, the following:

1.

Structural Condition of Elements. A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. The report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and from the City Housing Code and City Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

2.

Pest Control. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure.

3.

Soil Conditions. A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with said report.

Repairs and Improvements. A statement of repairs and improvements to be made by the applicant necessary to refurbish and restore the project to achieve a high degree of appearance and safety.

B.

Covenants, Conditions and Restrictions (CC&Rs). A declaration of CC&Rs which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units including private open space and private storage areas; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; utility easements over private streets and other areas; a plan for equitable sharing of communal water metering. The developer shall also file a petition by a majority of the owners, requesting that the provisions of the California Vehicle Code be enforced on privately owned and maintained roads as provided in Section 21107.7 of the California Vehicle Code.

C.

Plot Plan. A plot plan of project showing: location and size of structures, parking layout, pedestrian access, sewer and storm drain locations.

D.

Characteristics. Specific information concerning the demographic characteristics of the project, including but not limited to the following:

1.

Square footage and number of rooms in each unit.

2.

Proposed sale price of units.

3.

Names and addresses of all tenants.

E.

Notice of Intent to Convert. Signed copies from each tenant of Notice of Intent to Convert, as specified in Section 19.45.070. The applicant shall submit evidence that a letter of notification to convert was sent to each tenant 60 days prior to the filing of a tentative map. If a signed copy of the notification from a tenant is not received by the applicant, this requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail specified in Code of Civil Procedure Section 1013.

F.

Department of Real Estate Application. A copy of the project application submitted to the State of California's Department of Real Estate for a subdivision public report; and

G.

Additional Information. Any other information which, in the opinion of the Community Development Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Acceptance of Reports. The final form of the Physical Elements Report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons. The report shall be referenced in the subdivision report to the Planning Commission.

B.

Submittal of Budget. Prior to final map approval, the applicant shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities including needed reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five year period, or such time as is required by the Department of Real Estate. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

C.

Copy to Buyers. The applicant shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by Section 19.45.030 prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the homeowners' association upon its formation.

D.

Final Information Submitted. Prior to the close of escrow, the applicant shall submit the following information to the Community Development Department:

1.

Name, address and phone number of Homeowners' Association;

2.

Actual sale price of units;

3.

Actual Homeowners' Association fee;

Number of prior tenants who purchased units; and

5.

Number of units purchased with intent to be used as rentals.

E.

Evidence of Conditions. The applicant shall provide all warranties, reports, or evidence of conditions to the buyer of each unit, as required by the State, including, but not limited to:

1.

Condition of Equipment and Appliances. The applicant shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided have a useful life of one year. At such time as the homeowners' association takes over management of the development, the developer shall provide a warranty to the Association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the Association have a useful life of one year. Prior to approval of the final map or parcel map if no final map is required, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this section.

2.

Warranty for Improvements. The applicant shall provide to the Homeowners' Association and/or purchaser a one year warranty on all physical improvements required under this section.

3.

Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the applicant shall provide evidence to the City that a long-term reserve fund for replacement has been established in the name of the homeowners' association. Such fund shall equal two times the estimated monthly homeowner's assessment for each dwelling unit.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Inspections and Compliance with Standards. All condominium conversions must conform to the requirements of the district in which the project is located except as otherwise provided in this Chapter. An assessment of building condition shall be performed by the City Building Inspector prior to tentative map or parcel map approval, and a report of violations specified in the tentative subdivision report to the Zoning Administrator or Planning Commission, as the case may be. A physical inspection of every unit to ensure compliance with the Housing Code shall be required prior to final map approval or parcel map approval. The cost of the inspection shall be borne by the applicant. In addition to the requirements required in other sections of the Municipal Code, the conversion shall comply with the requirements in this section.

B.

Variations. Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this chapter, the planning commission is empowered to vary any and all requirements contained in this chapter with regard to a particular conversion proposal upon finding, based upon substantial evidence in the record, that the creation of the proposed condominium will meet the stated purposes of this chapter, based upon the following factors:

1.

the age of the structure;

2.

the degree to which the proposal varies from the required standards for parking, private open space, storage space, sound transmission characteristics, fire protection and development criteria;

3.

whether there are unusual circumstances regarding the development's location, site or configuration;

4.

whether the project is in substantial compliance with both the development standards and development criteria; and

5.

whether there are mitigating features incorporated into the project.

C.

Conditions. The Planning Commission is also empowered to impose conditions on any approval given which would require that specified modifications, designed to bring a structure into compliance with the condominium development standards contained in this section, are made to the structure proposed for conversion.

1.

Ground Fault Circuit Interrupters. Each kitchen and bathroom in each living unit shall be provided with ground fault circuit interrupters.

2.

Fire Prevention. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be retained in an operable condition at all times.

3.

Sound Transmission Standards. The following standards shall apply to condominium projects to limit noise transmissions:

a.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the building official to be a source of

structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

b.

Noise Resistance. Common walls and floors between dwelling units shall comply with the City's building code provisions governing noise resistance for newly constructed common walls and floors.

4.

Crime Prevention Standards. All condominium projects shall comply with the requirements of the Security Ordinance in Chapter 16.14 of the El Cerrito Municipal Code. The developer shall comply with all conditions of the city's police department in respect to building security. In addition, prior to the approval of the final map, all locks in the project shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion.

5.

Utility Metering. Except as otherwise provided in this paragraph, each dwelling unit shall be separately metered for water, gas and electricity. If the East Bay Municipal Utility District informs the applicant in writing that individual watering metering is not possible, or the Planning Commission finds that individual water metering is economically infeasible, a plan for equitable sharing of communal water metering shall be developed prior to final map approval (or parcel map approval if no final map is required) and included in the Covenants, Conditions and Restrictions. This plan shall be subject to Planning Commission approval. In such cases where the applicant can demonstrate that this standard cannot or should not reasonably be met, this standard may be waived by the Planning Commission.

6.

Provision of Private Open Space for Each Unit. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium in accordance with Section 19.06.030.R and Section 19.07.030.N of the Municipal Code. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets and such space shall be at the same level as, and immediately accessible from a room within the unit.

7.

Provision of Storage Space for Each Unit.

a.

In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner.

b.

Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two locations within a reasonable distance of the unit.

c.

If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.

d.

Regardless of the location, the precise architectural treatment of such space shall be approved by the planning commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

8.

Provision of Laundry Facilities. Laundry facilities shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. In such cases where the applicant can demonstrate that this standard cannot or should not be reasonably met, this standard may be modified by the Planning Commission.

9.

Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.

(Ord. 2008-2 Div. II (part), 2008.)

19.45.060 - Application review and evaluation.

A.

Review Procedure. Applications for proposed condominium conversions shall be accepted twice annually: the last Friday in April and the last Friday in October. The Planning Commission shall meet to consider the applications no later than sixty (60) days from the dates of application. The total number of rental units approved for conversion to condominiums in the first annual consideration shall not exceed sixty (60%) percent of the total annual allotment, and the number of units approved for conversion in the second annual consideration, when added to the number of units approved for conversion in the first annual consideration shall not exceed one hundred (100%) percent of the total annual allotment. Allocations for conversions shall not be cumulative from year to year. Single structures containing a number of units in excess of the prescribed allotments for either of the two (2) annual considerations, may be approved on a variance basis.

B.

Annual Limitation. The total number of rental units eligible for conversion to condominiums for the following year shall be determined by the Planning Commission at the last meeting of the fiscal year. The allotment shall be determined by balancing the existing vacancy rate, the number of units produced in the previous year and the existing housing stock.

C.

Approval Evaluation Factors. In reviewing applications for conversions, and in selecting from applications for conversion proposals, the Planning Commission shall include the consideration of the following:

The Planning Commission may give preference to projects with high percentages of affordable units included in the application. Units that are currently affordable should be converted into affordable condominiums.

2.

If the Planning Commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered.

3.

Conversion projects shall not be approved by the Commission if the total percentage of rental stock in the City is equal to or less than 15% of total dwelling unit stock.

4.

Effect of Proposed Conversion on the City's Rental Supply, Especially Low and Moderate Income Units. Along with other factors, the City will consider the following:

a.

The need and demand for lower cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

b.

The probable income range of tenants living in existing apartments based on the assumption that households should pay between one-fourth (1/4) and one-third (1/3) of their income for housing. That income range will be compared with existing income limits for the Section 8 Program to determine whether potential displaced tenants can be categorized as low and moderate income.

c.

The number of families on current waiting lists for assisted rental housing programs that operate in El Cerrito, not including nonprofit motivated projects.

(Ord. 2008-2 Div. II (part), 2008.)

Notices to tenants shall be provided as required in the Subdivision Map Act, Government Code Section 66427.1. All written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail set forth in Code of Civil Procedure Section 1013.

A.

Notice of Intent. A notice of intent to convert shall be delivered by the Applicant to each tenant at least 60 days prior to filing of the parcel map or tentative map. The form of the notice shall be in the form outlined in the Subdivision Map Act, Government Code Section 66452.9, and approved by the Community Development Director.

B.

Notice of Public Report. Each tenant shall receive 10 days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate and that such report will be available on request.

C.

Notice of Final Map Approval. Each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion.

D.

Tenant's Right to Purchase. Any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

E.

Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall be given a minimum of 180 days' written notice of intention to convert his or her unit prior to termination of tenancy. Leases that extend past the 180 days notification period shall be honored provided they do not extend more than an additional 180 days. The applicant shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the 180-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.

F.

No Increase in Rents. The rents charged tenants when a completed tentative or parcel map application was accepted by the Community Development Department shall not be increased for two years from that acceptance time until the unit is sold or until the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the application by the Community Development Department shall not be subject to control.

G.

Special Cases. Any non-purchasing tenant who is handicapped or has minor children in school or is age 60 or older and does not accept a lifetime lease, living in any unit prior to the time a completed tentative or parcel map application has been accepted by the Community Development Department shall be given at least an additional six months in which to find suitable replacement housing.

H.

Moving Expenses. The applicant shall provide moving expenses of two times the monthly rent to any tenant household living in any unit prior to the time a completed tentative or parcel map application has been accepted by the Community Development Department as provided in this section. The applicant will not be

required to provide moving expenses to a tenant moving in after tentative or parcel map application. Eligible tenants will receive moving expenses within fourteen (14) days after they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the applicant of his intent to convert. The applicant shall also provide each tenant with a monthly list of other rentals available in Western Contra Costa County area beginning from the time of tentative or parcel map application until each tenant relocates or decides to purchase a unit.

I.

Notice to New Tenants. At least 60 days prior to the filing of the tentative map, the applicant shall give notice of the filing of the map to each person applying after such date for rental of a unit immediately prior to acceptance of any rent or deposit. The notice shall be in the form outlined in the Subdivision Map Act, Government Code Section 66452.8(b). If the applicant fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two times monthly rent for moving expenses.

J.

Senior Citizens. At the time of final map approval, or parcel map approval if no final map is required, all tenant households resident at the time a completed tentative or parcel map application was accepted by the Community Development Department in which the head of household or spouse is age 60 or older shall be offered a Lifetime Lease. Annual rent increases shall not exceed 75 percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative or parcel map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval.

K.

Low-and-Moderate Income Tenant. At the time of final map approval, or parcel map approval if no final map is required, all tenant households resident upon acceptance by the City of a completed tentative or parcel map application, who meet the income limits of the HUD Section 8 program will be considered low- and moderateincome households and shall be offered at a minimum a three-year lease. Annual rent increases shall not exceed 75 percent of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative or parcel map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval.

L.

Remodeling of Units. No remodeling of the interior of tenant-occupied units shall begin until after the tenant has moved or agreed to purchase.

(Ord. 2008-2 Div. II (part), 2008.)

An application for conversion shall not be approved by the Planning Commission unless it finds all of the following:

A.

All provisions of this Chapter are met.

B.

The proposed project is consistent with the General Plan, and any applicable specific plans.

C.

The proposed project will conform to the El Cerrito Municipal Code in effect at the time of tentative or parcel map approval.

D.

The site is physically suitable for the type of development and the proposed density of the development.

E.

All parcels created have adequate and safe access from a public street for both vehicles and pedestrians.

F.

The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an EIR was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

G.

The proposed conversion will not displace a significant percentage of low and moderate income or senior citizen tenants and delete a significant number of low and moderate income rental units from the city's housing stock at a time when no equivalent housing is readily available in the City of El Cerrito area.

(Ord. 2008-2 Div. II (part), 2008.)

Part VI. - General Terms Chapter 19.46 - USE CLASSIFICATIONS

Sections:

Use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. Part II. Base District Regulations and Part III. Overlay District Regulations rely on these defined use classifications and specify in separate schedules the land uses permitted, subject to specific limitations, and those requiring approval of an Administrative or Conditional Use Permit. These use classifications are also referred to in Chapter 19.24, Off-Street Parking and Loading.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Uncertainty of Uses. When there is uncertainty, the Zoning Administrator shall determine whether a specific use should be considered within one or more use classifications or not within any classification in this Chapter, pursuant to Section 19.33.040. The Zoning Administrator may determine that a specific use is not within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification. Decisions by the Zoning Administrator may be appealed to the Planning Commission.

B.

Accessory or Primary Use. The Zoning Administrator shall determine whether a use or activity is a primary or accessory use of a building or space. Decisions by the Zoning Administrator may be appealed to the Planning Commission. The Zoning Administrator shall use the following criteria in making his/her determination:

1.

The description of the activity or activities in relationship to the characteristics of each use category.

2.

The relative amount of site or floor space and equipment devoted to the activity.

3.

The relative amounts of sales from each activity.

4.

The relative number of employees in each activity.

5.

Building and site arrangement.

6.

How the use advertises itself.

7.

Whether the activity would be likely found independent of the other activities on the site.

8.

Whether the use would be harmonious and compatible with surrounding land uses.

C.

Separate Classification of Each Establishment. Where a single lot contains activities which resemble two or more different activity types, each of the principal activities conducted on a single lot by each individual establishment, management, or institution shall be classified separately.

(Ord. 2008-2 Div. II (part), 2008.)

19.46.030 - Residential use classifications.

A.

Residential Housing Types.

1.

Single Family Dwelling. One dwelling unit, attached or detached, located on a single lot. This use includes manufactured housing but not mobile homes.

2.

Accessory Dwelling Unit. An Attached, Detached, or Interior residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling, and/or as otherwise defined in California Government Code Section 65852.2, as amended from time to time.

a.

Attached Accessory Dwelling Unit or Attached ADU. An Accessory Dwelling Unit that is constructed as a physical expansion (i.e. addition) of a proposed or existing primary dwelling and shares a common wall with the primary dwelling.

b.

Detached Accessory Dwelling Unit or Detached ADU. An Accessory Dwelling Unit that is constructed as a separate structure and fully detached from a proposed or existing primary dwelling.

c.

Interior Accessory Dwelling Unit or Interior ADU. An Accessory Dwelling Unit located within an existing structure. An existing structure means an existing permitted or otherwise legal dwelling unit, including all fully enclosed areas such as a partial basement, an attached garage, or an accessory structure that can be made safety habitable under building codes.

3.

Junior Accessory Dwelling Unit or JADU. A unit that is no more than five hundred square feet in size and contained entirely within a single family residence, and may include separate sanitation facilities or share sanitation facilities with the existing structure, or as otherwise defined in California Government Code Section 65852.22, as amended from time to time.

4.

Duplex Two-Family Dwelling. A single building that contains two primary dwelling units, or a single lot with two freestanding buildings, each of which is designed for occupancy by one household.

Multiple-Family Residential. Three or more dwelling units on a single lot. Types of multiple-family dwellings include: townhouses, garden apartments, and other apartment buildings.

B.

Family Day Care Homes. A day-care facility licensed by the State of California that is located in a single-family residence or other dwelling unit where an occupant of the residence provides care and supervision for children.

1.

Small Family. A facility which provides care for eight or fewer children.

2.

Large Family. A facility which provides care for nine to 14 children.

C.

Group Housing. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes rooming and boardinghouses, dormitories, and private residential clubs, offering shared living quarters, but excludes hotels, residential care facilities and transitional housing facilities.

D.

Senior Citizen Housing. Housing that is available only to households occupied by senior citizens, qualifying residents, and permitted health care residents, subject to the limitations of Civil Code Section 51.3 or any successor statute. Notwithstanding the foregoing, residents of Senior Citizen Housing may host guests that are not senior citizens, qualifying residents, or permitted health care residents, for up to 60 days per year.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2015-01, § 2, 1-6-2015; Ord. No. 2017-04, § 3, 6-6-2017; Ord. No. 2021-03, § 2, 11-16-2021)

19.46.040 - Public, semipublic, and service use classifications.

A.

Cemetery. Establishments primarily engaged in operating sites or structures reserved for the internment of human or animal remains and/or cremating the dead. This classification includes mausoleums, burial places, and memorial gardens.

B.

Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, including residential accommodations that are available to members or guests on a temporary basis for periods of less than 30 consecutive days, but excluding residential hotels. This classification includes union halls and social clubs.

C.

Community Center. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include youth centers and senior centers. This

classification excludes community facilities operated in conjunction with an approved residential or commercial use that are not generally available to the public.

D.

Community Social Service Facilities. Any noncommercial facility, such as homeless shelters, emergency shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, and/or laundry facilities, typically for less than 30 days. Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term.

E.

Cultural Institutions. Public or non-profit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.

F.

Day Care Center. Establishments providing non-medical care for one or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults and any other day-care facility licensed or certified by the State of California, excluding small or large family daycare.

G.

Government Offices. Administrative, clerical, or other public offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.

H.

Hospitals and Clinics. Facilities licensed by the California State Department of Health Services providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for in-patient and outpatient treatment including drug and alcohol abuse programs as well as training, research, and administrative services for patients and employees.

1.

Hospitals. Institutions providing medical and surgical care to the sick or injured including operating facilities and beds for patients to stay overnight. These establishments may include nursing facilities, extended care facilities, physical therapy, gift shops, retail pharmacies, employee housing, temporary housing for patient families, cafeterias or restaurants, and related uses operated primarily for the benefit of patients, staff, and visitors.

2.

Clinics. Noncommercial, public, community-based facilities, other than hospitals, where patients are admitted for examinations and treatment by one or more physicians, usually on a "walk-in" basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation. This classification includes

licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. These facilities are distinguished from private medical and dental offices which are generally smaller-scale in nature.

I.

Park and Recreation Facilities. Public parks, playgrounds, trails, wildlife preserves, and open spaces. This classification also includes public and non-commercial playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food concessions or community centers within the facilities.

J.

Parking Facilities, Public. The exclusive or primary use of a parcel for parking in either an open paved area or structure used for parking motor vehicles, owned by a public agency or under contract to a public agency.

K.

Public Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment and material storage areas. This classification includes corporation yards, equipment service centers, and similar public facilities.

L.

Public Safety Facilities. Facilities for public safety and emergency services, including a facility that provides police and fire protection and other emergency medical services.

M.

Religious Facilities. A facility used primarily for religious services, including churches, temples, and similar religious facilities. This classification excludes private schools (as defined in this section), other educational facilities, administrative facilities and offices, community centers, and other uses when not incidental to a facility used primarily for religious services.

N.

Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug additions. This category excludes transitional housing and community social service facilities.

1.

Residential Care, General. A residential care facility providing 24-hour nonmedical care for more than 6 persons in a single unit in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.

2.

Residential Care, Limited. A residential care facility providing 24-hour non-medical care for 6 or fewer persons in a single unit, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State

of California.[1 ] This classification includes residential care facilities restricted to persons 60 years of age or older if there are 6 or fewer residents. Six or fewer persons does not include the licensee or members of the licensee's family or persons employed as facility staff.

_______

1 A residential care facility with six or fewer persons and not licensed by the State of California is considered a residential use.

---

3.

Residential Care, Senior. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at time of admission or as determined necessary at subsequent times of reappraisal. Any younger residents must have needs compatible with other residents, as provided in Health & Safety Code Section 1569.316 or a successor statute. This classification includes continuing care retirement communities and lifecare communities licensed for residential care by the State of California.

O.

Schools, Public or Private. Facilities for primary or secondary education, including public schools, charter schools, and private institutions having curricula comparable to that required in the public schools of the State of California.

(Ord. 2008-2 Div. II (part), 2008.)

19.46.050 - Commercial use classifications.

A.

Animal Sales and Services. Retail sales and services of animals, including grooming, and/or veterinary care for animals on a commercial basis. This classification allows 24-hour accommodation of animals receiving medical or grooming services but does not include kennels. This classification also excludes dog walking and similar pet care services not carried out at a fixed location, and retail stores selling pet supplies only.

B.

Kennel. Facilities for keeping, boarding, training, breeding or maintaining for commercial purposes, four or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming services.

C.

Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is required.

D.

Automobile/Vehicle Sales and Services.

1.

Automobile Rentals. Rental of automobiles, including storage and incidental maintenance.

2.

Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, motorcycles, trucks, and/or lawn and garden-type tractors, including storage and incidental maintenance.

3.

Automobile/Vehicle Service and Repair, Major. Repair of automobiles, trucks, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair, body and fender, transmission, tire, muffler, and wheel and brake shops, as well as auto glass services, but excludes vehicle dismantling or salvaging and tire re-treading or recapping.

4.

Automobile/Vehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories, including gasoline service stations; gas convenience marts; quick-service oil, tune-up; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not typically stored overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, towing, or repair of heavy trucks or construction vehicles.

5.

Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

6.

Large Vehicle Sales, Service, and Rental. Sales, servicing, and rental of trucks, motor homes, recreational trailers and equipment, boats, and other similar vehicles.

E.

Banks and Other Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, and businesses offering check-cashing facilities.

1.

With Drive-Through Facilities. Financial institutions providing retail banking services to patrons remaining in automobiles.

2.

Automated Teller Machines (ATMs). Automated devices that perform banking or financial functions operated by the consumer.

F.

Bed and Breakfasts. Owner occupied establishments providing guest rooms for lodging on a less-than-weekly basis, within a single-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents only.

G.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include building contractors' yards, large-scale "warehouse" stores (see Home Improvement Sales and Services), hardware stores with less than 10,000 square feet in floor area or plant nurseries.

H.

Business Services. Establishments that primarily provide goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, and model building.

I.

Commercial Recreation. Provision of participant or spectator recreation to the general public, excluding public park and recreation facilities.

1.

Large-scale. This classification includes large indoor or outdoor facilities including: sports stadiums and arenas; amusement and theme parks; bowling centers; racetracks; amphitheatres; driving ranges not in conjunction with a golf course; large fitness centers, gymnasiums, handball, racquetball, or tennis club facilities greater than 20,000 square feet; ice or roller skating rinks; swimming or wave pools; miniature golf courses; archery or indoor shooting ranges; riding stables; campgrounds; stables, etc. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.

2.

Small-scale. This classification includes small, generally indoor facilities, although some facilities may be outdoor, including: billiard parlors, dance halls, gymnasiums, handball, racquetball, or tennis club facilities less than 20,000 square feet, poolrooms, and amusement arcades. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.

J.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.

2.

Restaurants, Fast Food. Establishments where ready-to-eat prepared foods and beverages are: (1) sold for immediate consumption on- or off-premises; (2) are available upon a short waiting time; and (3) are packaged and served in or on disposable wrappers, containers, or plates. Fast-Food Restaurants may also exhibit other design and operating characteristics, including: a limited menu, food is paid for prior to consumption, the facility in which the activity/use is occurring provides a take-out counter space and substantial delineated area for customer queuing, employees generally wear a standard uniform, and the facility has late or long hours of operation.

3.

Restaurants, Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided.

4.

Restaurants, Limited Service. Establishments where food and beverages are prepared and may be consumed on the premises, taken out, or delivered, but where no table service is provided and patrons pay before eating. This classification includes cafeterias, delis, coffee shops, and snack bars but excludes fast-food restaurants and take-out only establishments.

5.

Restaurants, Take-Out Only. Establishments where food and beverages are prepared and may be taken out or delivered, but may not be consumed on the premises. No seating is provided on the premises.

6.

With Drive-Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.

7.

With Outdoor Eating Areas. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way.

K.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include markets, groceries, liquor stores, and retail bakeries.

1.

Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

2.

Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a service station but does not include delicatessens or specialty food shops. It excludes establishments which have a sizeable assortment of fresh fruits and vegetables or fresh cut meat.

3.

General Market. Retail markets of food and grocery items for primarily offsite consumption. Typical uses include supermarkets, and specialty food stores such as bakeries, candy, nuts and confectionary stores, meat or produce markets, vitamin and health food stores, cheese stores and delicatessens.

4.

Liquor Stores. Establishments with over fifty percent of floor area primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and liquor.

L.

Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

M.

Handicraft Shop. An establishment producing artisan goods by hand manufacturing involving the use of hand tools and small-scale equipment, including ceramic studios, candle makers, and custom jewelry manufacturing. Includes the retail sale of those products produced on-site.

N.

Home Improvement Sales and Services. Retail sales, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, lumber, tools and equipment, plants and garden products, rocks and soils, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings, or wallpaper. This use classification does not include hardware stores with less than 10,000 square feet of area, or plant nurseries.

O.

Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of 30 consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property.

P.

Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, research and development or testing services.

Q.

Live/Work Unit. An artist, commercial or industrial unit with incidental residential accommodations that includes adequate working space reserved for artist, commercial or industrial use and regularly used for such purpose by one or more persons residing in the unit and a cooking space and sanitary facilities in conformance with applicable building standards. Up to 50 percent of the gross floor area may be reserved for and primarily used as living space.

R.

Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats and pest control services.

S.

Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, advertising, architectural, computer software design, engineering, graphic design, insurance, interior design, investment, and legal offices. This classification excludes hospitals, banks, and savings and loan associations.

1.

Walk-in Clientele. Offices of firms or organizations providing services to the public that rely on heavy pedestrian activity and constant visits by clients, including real estate offices, landlord-tenant services, credit counseling, and financial tax services.

T.

Offices, Medical and Dental. Offices of firms or organizations providing medical or dental services, such as physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification includes medical/dental laboratories within medical office buildings but excludes clinics or independent research laboratory facilities.

U.

Parking Facilities, Commercial. Surface lots and structures offering parking to the public for a fee when such use is not incidental to another activity.

V.

Personal Improvement Services. Provision of instructional services or related facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; diet centers, reducing salons, spas, and single-purpose fitness studios such as yoga studios or aerobics studios. This classification is intended for more small-scale storefront locations and is distinguishable from small-scale commercial recreation uses that tend to occupy larger sites and generate more noise.

W.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, and travel agencies.

X.

Retail Sales. The retail sale and rental of merchandise not specifically listed under another use classification. This classification includes drug stores, pharmacies, department stores, clothing stores, furniture stores, pawn shops, pet supply shops, hardware stores, video rental stores, and businesses retailing goods including: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware (under 10,000 square feet of sales area), appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

1.

Large Format. Retail establishments (over 80,000 square feet of sales area) that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs and superstores.

2.

Tobacco Retailer. "Tobacco retailer" means any person that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offers for sale, exchanged, or offered for exchange.

Y.

Tattoo Establishments. Facilities that apply tattoos to the human body.

Z.

Theaters. Live and motion picture theaters.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2015-08, § 2.D., 10-6-2015)

19.46.060 - Industrial use classifications.

A.

Contractors' Yards. On- or off-site storage of contractors' materials or equipment.

B.

Handicraft/Custom Manufacturing. Manufacture by machine or equipment of crafts, art, sculpture, stained glass, and similar items. Incidental sales of products produced by an artist on-site may also be conducted within this space.

C.

Industry, Light. Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; food and beverage manufacturing/distribution; providing industrial services; or conducting industrial or scientific research, including product testing. This classification excludes basic industrial processing and recycling of cans, bottles, cardboard and similar consumer materials.

D.

Industry, Medium. Manufacturing or assembly of products from extracted, raw or finished materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes: textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing, and fabricated metal product manufacturing.

E.

Warehousing and Storage. Storage and distribution facilities without onsite sales to the public on-site or direct public access.

1.

Indoor Commercial Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets.

2.

Outdoor Storage. Storage of vehicles or commercial goods in open lots.

3.

Personal Storage. Facilities offering storage for individual use, including mini-warehouses.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2015-08, § 2.B., 10-6-2015)

19.46.070 - Transportation, communication, and utilities use classifications.

A.

Communication Facilities.

1.

Antennae and Transmission Towers. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers.

2.

Facilities Within Buildings. Includes radio, television, or recording studios and telephone switching centers; excludes antennae and transmission towers.

B.

Recycling Facilities. Facilities for receiving, temporarily storing, and transferring materials for recycling, reuse, or final disposal.

1.

Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.

2.

Recycling Collection Point. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.

3.

Recycling Processing Facility. Facilities that receive, sort, store and/or process recyclable materials.

C.

Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

D.

Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution or transmission lines, and underground water and sewer lines.

E.

Hazardous Waste Facility. All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste management units, or combinations of these units.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Nurseries. Establishments primarily engaged in retailing nursery and garden products — such as trees, shrubs, plants, seeds, bulbs, and sod - that are predominantly grown elsewhere but which may sell a limited amount of product they grow themselves. All merchandise is kept within an enclosed building or a screened enclosure and fertilizer of any type is stored and sold in package form only. This classification includes wholesale and retail nurseries.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.47 - TERMS AND DEFINITIONS

Sections:

19.47.010 - List of terms.

Abutting or Adjoining. Access.

Accessory Dwelling Units. Accessory Structure (or Building). Accessory Use. Acre, Gross. Active Fault. Adjacent. Adult Businesses. Affordable Housing. Affordable Housing Incentives. Affordable Housing Terms. Agent.

Aggrieved Party (or Person). (See Area Median Income Levels) Alcoholic Beverage Sales.

Alley.

Alteration. (See also Structural Alteration)

Amateur Radio Antenna.

Animated or Moving Sign. (See Sign Types)

Antenna.

Applicant.

Arborist.

Arbors. (See Overhead Landscape Features)

Area Median Income Levels. (See Affordable Housing Terms)

Architectural Feature.

Assessed Value.

Automated Teller Machine (ATM).

Average Grade. (See Grade-Related Terms)

Awning.

Awning or Canopy Sign. (See Sign Types, See also Awning and Canopy) Balcony.

Banner Sign. (See Sign Types) Base Density. Bedroom. Best Management Practices. Blockface. Board. Brush Layering. Brush Matting. Building. Building Envelope. Building Height. Building Inspector. Building, Main. Building-Mounted Telecommunications Facility. Building Site. Bulk. California Environmental Quality Act (CEQA). Canopy. (See also Awning or Canopy Sign) Carport. CEQA.

Change of Use.

Changeable Sign Copy. (See Sign Copy)

Childcare Facility. City. City Council. (See Council) City Limits. Co-location.

Commercial Signs. (See Sign Types)

Commission. Common Open Space. (See Open Space Types) Construction Cost.

Construction Sign (Development Sign). (See Sign Types) Corner Lot. (See Lot Types) Council.

Court. Covenant.

Coverage, Lot. (See Lot Coverage)

Creek.

Creekbank. Cribwalls. Culvert. Daylight Plane. Daylighting (Creek). Deck. Deck Line. Density Bonus. Design Review. Development.

Diameter of a Tree.

Directional Sign. (See Sign Types)

Director.

Disabled.

Discretionary Permit. (See Permit)

District. Domestic Animals. Dripline. Driveway. Dwelling. Dwelling Unit. Earthen Berm. Easement. Eave Line. Efficiency Unit. EIR. Emergency. Environment. Environmental Documents. Environmental Impact Report. (See EIR) Environmentally Sensitive Habitat. Existing Grade. (See Grade-Related Terms) Exterior or Street Side Yard. (See Yard Types). Family. Fascines (sometimes "Wattles"). Fault Trace. Feasible. Fee Parking.

Fence.

Fill Slope. Finished Grade. (See Grade-Related Terms) Flag Lot. (See Lot Types) Flag. (See Sign Types) Floor. Floor Area. Floor Area Ratio. Footprint, Building. Freestanding Sign. (See Sign Types) Front Lot Line. (See Lot Line Types) Front Yard. (Yard Types) Frontage, Street or Frontage, Building. Gabions. Gable Roof. (See Roof Types) Gambrel Roof. (See Roof Types) Garage. General Plan. Grade-Related Terms. Grading. (See Grade-Related Terms) Grand Opening Sign. (See Sign Types) Greenhouse. Gross Floor Area. (See Floor Area) Ground-Slope. Guesthouse. Hazardous Waste. Hazardous Waste Facility.

Height.

Hip Roof. (See Roof Types)

Home Occupation. Household. Illegal Use. Impervious Surface. In-lieu Fees. Intensity of Use. Intensification of Use. Interior Lot. (See Lot Types) Interior Lot Line. (See Lot Line Types) Interior Side Yard. (Yard Types) Irregular Lot. (See Lot Types) Joint Watershed Goals Statement. Key Lot. (See Lot Types) Kitchen. Landscaping. Living Area. Living Room. Loading Space. (See Off-street Loading) Lot.

Lot Area. Lot Coverage. Lot Depth. Lot Frontage. Lot Line. Lot Line Types. Lot of Record. Lot Types.

Lot Width.

Lower Income Households. (See Affordable Housing Terms)

Maintenance and Non-Structural Repair.

Mansard Roof. (See Roof Types)

Manufactured Housing.

Marquee Sign. (See Sign Types) Master Fee Schedule.

Ministerial Permit. (See Permit)

Mixed Use.

Moderate Income Households. (See Affordable Housing Terms) Monitoring.

Monopole. Monument Sign. (See Sign Types)

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits.

Natural Grade. (See Grade-Related Terms)

Negative Declaration.

Noncommercial Sign. (See Sign Types)

Nonconforming Building or Structure.

Nonconforming Parcel.

Nonconforming Use.

Occupancy, Change In. Off-Street Loading.

On-Premises Sign. (See Sign Types)

Off-Premises Sign. (See Sign Types)

Open Space.

Open Space Types. Outdoor Storage.

Overhead Landscape Features.

Parapet Wall.

Parking Lot. (See also Public Garage)

Parking Space.

Parking Structure. (See also Parking Lot and Public Garage) Passageway.

Pergolas. (See Overhead Landscape Features)

Permit.

Permitted Health Care Resident. Person.

Physically Handicapped. Plan Line. Planning Commission. Plant Cuttings. Plant Nursery. Pole Sign. (See Sign Types) Pollute. Porch.

Portable A-Frame Sign. (See Sign Types) Pre-existing. Premises. Primary Structure. Primary Use. Private Open Space. (See Open Space Types) Project.

Projecting Sign. (See Sign Types) Public Garage or Storage Garage. Public Right-of-Way (ROW).

Qualifying Residents.

Real Estate Sign. (See Sign Types) Rear Lot Line. (See Lot Line Types) Rear Yard. (See Yard Types) Recreational Vehicle. Recyclable Material. Recycling Facility. Regular Lot. (See Lot Types) Reporting. Retaining Wall. Reversed Corner Lot. (See Lot Types) Riparian Habitat. Riprap. Riprapping. Roof Line. Roof Sign. (See Sign Types) Roof Types. Satellite Antenna. Screening. Senior Citizen. Setback line. Side Lot Line. (See Lot Line Types) Side Yard. (Yard Types) Sign. Sign Area. Sign Copy. Sign Face. Sign Height. Sign Types.

Site.

Solar Energy.

Storm Water Runoff.

Story.

Stream.

Streambed.

Street.

Street Grade. (See Grade-Related Terms) Street Line. (See Lot Line Types) Structural Alteration. Structural Repairs. Structure. Studio Dwelling Unit. Substandard Lot. (See Lot Types) Swimming Pools. Telecommunications Facility. Telecommunications Facility, Co-Located. Temporary Sign. (See Sign Types)

Tenant.

Through Lot. (See Lot Types) Top of Creek Bank.

Trellises. (See Overhead Landscape Features)

Use.

Very Low Income Households. (See Affordable Housing Terms) Visible.

Wading Pool. Walkway.

Wall Sign. (See Sign Types)

Watercourse.

Wetlands.

Window Sign. (See Sign Types)

Yard.

Yard Types.

Zoning Administrator.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2009-03, § XVIII, 4-20-2009; Ord. No. 2017-04, § 3, 6-16-2017; Ord. No. 2021-03, § 3, 11-16-2021)

19.47.020 - Definitions.

Abutting or Adjoining. To physically touch or border upon, or sharing a common property line.

Access. The place, or way through which pedestrians and/or vehicles shall have a safe, adequate and usable ingress or egress to a property or use as required by this Zoning Ordinance.

Accessory Dwelling Units. See "Residential Housing Types, Accessory Dwelling Units" in Chapter 19.46, Use Classifications.

Accessory Structure (or Building). A building, part of a building, or structure that is detached from the principal structure or building on a site, and with a use that is incidental to the principal building. Examples include, but are not limited to, detached garages, detached decks, storage buildings, woodsheds, workshops and gazebos. This definition does not include overhead landscape features.

Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the principal use and located on the same lot as the principal use. See Chapter 19.46, Use Classifications for additional regulations.

Acre, Gross. A measure of total land area of any lot including future streets, parks and other land dedications.

Active Fault. A fault that has had surface displacement within the Holocene epoch (approximately the last 11,000 years) that constitutes a potential hazard to structures located across it.

Adjacent. Near or close to; sometimes contiguous; neighboring.

Adult Businesses. See Section 19.20.020.

Affordable Housing. Housing units which are affordable to families with very low, low or moderate incomes.

Affordable Housing Incentives. Regulatory concessions as specified in California Code Sections 65915(l) or any successor statute, to include, but not be limited to, the reduction of site development standards or Zoning Ordinance requirements, approval of mixed-use zoning in conjunction with the housing project, or any other regulatory incentive which would result in identifiable cost reductions that are offered in addition to a density bonus. See Chapter 19.22, Affordable Housing Bonus.

Affordable Housing Terms. See also Chapter 19.22, Affordable Housing Bonus.

Area Median Income Levels. Income levels regularly updated and published by the State Department of Housing and Community Development, and found in Title 25, Section 6932 of the California Code of Regulations. Area Median Income Levels are also available at www.hcd.ca.gov.

Lower Income Households. Households with incomes that do not exceed 80 percent of Area Median Income (AMI), adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section 50079.5 of the Health and Safety Code or any successor statute. This includes "very low income households" and "extremely low income households," as defined in Sections 50105 and 50106, respectively of the Health and Safety Code or any successor statutes.

Moderate Income Households. Households with incomes ranging from 80 percent to 120 percent of Area Median Income (AMI), adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section 50093 of the Health and Safety Code or any successor statute.

Very Low Income Households. Households with incomes that do not exceed 50 percent of Area Median Income (AMI), adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section 50105 of the Health and Safety Code or any successor statute.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions and the Council, regarding matters regulated by this Zoning Ordinance.

Aggrieved Party (or Person). Any person who alleges that their property will be injured by a decision of the Zoning Administrator, Planning Commission, or other decision-making body involved in the enforcement of this Zoning Ordinance.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premise or off-premise consumption.

Alley. A secondary vehicular accessway through the middle of a block that provides access to the rear of building sites or buildings.

Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. See also "Structural Alteration."

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception, or both, of electromagnetic radiation waves.

Amateur Radio Antenna. Any antenna used to receive or transmit radio signals on the amateur radio bandwidth, as designated by Federal regulation.

Satellite Antenna. Any antenna used to receive or transmit radio or television signals from orbiting communication satellites.

Applicant. Any person who is filing an application requesting an action who is:

The owner or lessee of the property;

2.

A party who has contracted to purchase, rent, or lease property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Zoning Ordinance, and who presents written authorization from the property owner to file an application with the City; or

3.

The agent of either of the above who presents written authorization from the property owner to file an application with the City.

Arborist. A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; or, a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or other qualified professional who the Zoning Ordinance determines has gained through experience the qualifications to identify, remove or replace trees.

Arbors. See Overhead Landscape Features.

Architectural Features. An exterior building feature including roof, windows, doors, porches, etc.

Assessed Value. The value of a structure as shown in the records of the County Assessor.

Automated Teller Machine (ATM). See "Banks and Other Financial Institutions" in Chapter 19.46, Use Classifications.

Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of fabric, metal or other comparable materials on a supporting framework which projects from and is supported by the exterior wall of a building.

Awning or Canopy Sign. See "Sign Types," "Awning," and "Canopy."

Balcony. A platform that projects from and is supported by the wall of a building rather than columns or other supports below the platform, and is enclosed by a parapet or railing.

Base Density. The number of dwelling units permitted on a particular parcel of land, in conformance with the General Plan and this Zoning Ordinance.

Bedroom. Any room located within a dwelling unit that is used primarily for sleeping purposes by its residents and that contains at least 70 square feet of floor area. Rooms designated as a "den," "library," "study," "loft" or other extra room that satisfies this definition and is not a kitchen, living room, or bath will be considered a bedroom.

Best Management Practices. Best Management Practices means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control

practices; the prohibition of specific activities, practices, and procedures; and such other provisions as the City determines appropriate for the control of pollutants.

Blockface. All property between two intersections that fronts upon a street or abuts a public right-of-way.

Board. The Design Review Board of the City of El Cerrito, California. Also referred to as the "Design Review Board."

Brush Layering. The use of live branches or cuttings which are inserted into the creekbanks perpendicular to the slope so that the rooting occurs back into the slope.

Brush Matting. The use of dead or live cuttings from riparian vegetation stacked and secured against creekbanks to check erosion and revegetate banks.

Building. Any structure having a roof supported by columns or by walls, designed for the shelter or housing of any person, animal or property.

Building Envelope. The volume of space within which a building or structure is permitted to be built on a lot, defined by minimum setbacks, maximum height limits, and required daylight planes.

Building Height. The distance from any point of a structure as measured vertically to the elevation of the natural or finished grade, whichever is lower. The ground elevation shall be calculated at a point three feet outside the exterior perimeter of the foundation of the structure. See also Chapter 19.03, Rules of Measurement.

Building Inspector. The building inspector or other officer or person charged with the administration and enforcement of City regulations pertaining to buildings and structures, or a duly authorized representative.

Building, Main. A building in which the principal use of the lot and/or building site is conducted.

Building-Mounted Telecommunications Facility. A facility constructed in two general forms, roof mounted, in which an antenna is placed on or above the roof, and facade-mounted, in which an antenna is mounted on the side of a building. Building-mounted facilities can be located on or inside various structures such as building roof or eave trim, church steeples, or other innovative locations.

Building Site. A parcel of land occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory building, together with such open spaces as are required by the terms of this Zoning Ordinance and having its principal frontage on a street, road or highway.

Bulk. A term used to designate the overall size and mutual relationship of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.

California Environmental Quality Act (CEQA). State law, pursuant to California Public Resources Code Section 21000 et seq. or any successor statute, which requires public agencies to document and consider the environmental effects of a proposed action before a decision.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground. See also "Awning or Canopy Sign."

Carport. An accessory building with a minimum dimension of 9 x 20 feet, permanently open on at least two sides and maintained for the storage of automobiles or other motor vehicles.

CEQA. See "California Environmental Quality Act (CEQA)."

Change of Use. The replacement of an existing use on a lot or parcel, or any portion thereof, by a new use, or a change in the nature of an existing use; but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.

Childcare Facility. A facility installed, operated, and maintained for the non-residential care of children as defined under applicable state licensing requirements for the facility.

City. The City of El Cerrito, California.

City Limits. The legal boundaries of the City of El Cerrito, California.

Co-location. The placement of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the placement of wireless communication facilities on buildings, water tanks, light poles, electricity towers, or other existing facilities and/or structures.

Commission. The City Planning Commission of the City of El Cerrito, California. Also referred to as the "Planning Commission."

Construction Cost. The total cost required to construct, rebuild, repair, remodel or make an addition to an existing building, including all permanent work and permanent equipment, excluding landscaping.

Council. The City Council of the City of El Cerrito, California. Also referred to as the "City Council."

Court. An open space wholly or partially enclosed by a building or group of buildings.

Covenant. A formal binding agreement for the performance of some action.

Coverage, Lot. See "Lot Coverage."

Creek. A watercourse which carries water, whether identified or unidentified, from either a permanent or natural source, either intermittently or continuously; and which runs in a defined channel or continuous swale or depression, which later merges with a larger watercourse. This definition includes a channel, swale, depression, or watercourse, whether or not culverted, but excludes any part of an engineered system which was developed by a public agency for collection of storm or flood waters, provided however that such part does not follow the original course of the creek. The word "creek" shall be synonymous with "natural watercourse" as used in this Title.

Creekbank. The uppermost limit of the active creek channel, usually marked by a break in slope.

Cribwalls. A rectangular framework of logs which is filled with soil and/or rocks and planted with cuttings.

Culvert. The placement or construction of a pipe or box shaped conduit in a creek bed for the purpose of collecting water.

Daylight Plane. An inclined plane, beginning at a stated height above grade at a setback line and extending into the site at a stated upward angle to the horizontal, and which limits the height or horizontal extent of structures.

Daylighting (Creek). The unearthing of a culverted creek, stream or natural watercourse and the design of a new channel to re-create the original creek, stream channel and environment.

Deck. An open, unroofed porch or platform, either freestanding or attached to a building that is supported above grade.

Deck Line. The line of intersection on a Mansard Roof of the two slopes of a side.

Density Bonus. A density increase over the base density, permitted if certain requirements are met.

Design Review. The process of examination of a proposed project to assure compliance with provisions of this title and conditions of approval related to building design and site planning. See Chapter 19.38, Site Plan and Design Review.

Development. Any manmade change to improved or unimproved real estate, including but not limited to, the construction or relocation of buildings or other structures on a lot, mining, dredging, filling, grading, landscaping, paving, excavation, parking, fences, pools, signs or temporary uses.

Diameter of a Tree. Trunk diameter measure at 4.5 feet above the ground (also known as "Diameter at Breast Height" or "DBH").

Director. The Director of the Community Development Department of the City of El Cerrito, California or his/her designee.

Disabled. Persons affected by a long-duration physical impairment such that their mobility has been reduced for an indeterminate length of time and whose ability to live independently could be improved by suitable housing conditions.

District. A portion of the city within which certain uniform regulations and requirements, or various combinations thereof apply under the provisions of this title.

Dripline. A line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.

Driveway. A paved or unpaved accessway used by vehicles and pedestrians for common access to a parking space, garage, dwelling, or other structure.

Dwelling. A building or portion thereof designed and used exclusively for residential occupancy, including onefamily, two-family and multiple-family dwellings, but not including hotels, motels or boarding houses.

Dwelling Unit. One room or a cluster of rooms designed for use by one family for living and sleeping purposes and having only one kitchen or kitchenette.

Earthen Berm. A mount or embankment of earth, together with necessary retaining structures.

Easement. A legal interest in land owned by another that entitles its holder to a specific right or privilege to use or enjoy the land (examples: a right to pass over a piece of property; a utility easement for power lines and water pipes; an easement for an unobstructed view; or a right to use property as a recreation area).

Eave Line. The lower border of a roof that overhands the wall. For a non-flat roof that does not overhang the wall, the eave line shall be the highest point of the walls.

Efficiency Unit. Shall have the same meaning as defined in Section 17958.1 of the Health and Safety Code, as amended from time to time.

EIR.An Environmental Impact Report as required under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. or any successor statute.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

Environment. The physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions. (California Environmental Quality Act (CEQA)).

Environmental Documents. Initial studies, negative declarations, draft and final EIRs, documents prepared as substitutes for EIRs and negative declarations under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. or any successor statute.

Environmental Impact Report. See "EIR."

Environmentally Sensitive Habitat. A type of sensitive resource area where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development. This term includes, but is not limited to, wetlands, riparian vegetation, and terrestrial habitats, as mapped in the General Plan.

Existing Grade. See "Grade-Related Terms" and Chapter 19.03, Rules of Measurement.

Family. One or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a "family" need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.

Fascines (sometimes "Wattles"). Bundles of cuttings from riparian plants used to revegetate banks.

Fault Trace. The line formed by the intersection of a fault and the earth's surface, that is the representation of a fault as depicted on a map, including maps of earthquake fault zones.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fee Parking. The parking and storage of vehicles on a fee basis, but does not include off-street parking provided gratis to customers, such as is required elsewhere in this title.

Fence. Any structural device forming a physical barrier or boundary by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

Fill Slope. The depositing of earth or any other substance or material by artificial means, including new pilings (except for replacement pilings) placed for the purposes of erecting structures thereon placed in a submerged

area, any action by which earth, sand, gravel, rock or any other material is placed, pushed, pumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.

Flag. See "Sign Types."

Floor. A surface that is horizontal or nearly so, located within the interior of a structure which is suitable for walking or standing upon.

Floor Area. The horizontal area of all floors included within the surrounding exterior walls of a building or buildings. See Chapter 19.03, Rules of Measurement.

Floor Area Ratio. The ratio of the floor area of all buildings on a lot to the lot area. See Chapter 19.03, Rules of Measurement.

Footprint, Building. Floor area of a structure at the ground level, including areas under higher levels, but excluding decks, open stair landings, balconies and other unroofed structures less than six feet tall.

Freestanding Sign. See "Sign Types."

Frontage, Street or Frontage, Building. The side of a lot or building site facing a street.

Gabions. Wire baskets filled with rocks.

Gable Roof. See "Roof Types."

Gambrel Roof. See "Roof Types."

Garage. Accessible and usable covered space entirely enclosed for the storage of automobiles.

General Plan. The General Plan of the City of El Cerrito, California, as adopted by the City Council on August 30, 1999, and as amended from time to time.

Grade-Related Terms. See also Chapter 19.03, Rules of Measurement.

Average Grade. A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of buildings. Average grade is calculated separately for each building.

Natural Grade. The grade of a building site prior to grading, filling, or other site alterations for a project. Natural grade may also be referred to as existing grade.

Finished Grade. The final grade of a building site as shown on the survey at the time of issuance of a building permit or in the case of a subdivision, the approved grade shown on the as-built grading plan of the subdivision.

Grading. Excavating, filling, leveling or smoothing or combination thereof, but not including temporary stock piles of a duration of 30 days or less.

Street Grade. The top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

Greenhouse. A transparent or translucent glazed structure devoted to the protection and growth of plants.

Gross Floor Area. See "Floor Area."

Ground-Slope. A calculation of deviation from the horizontal, considering the ground area within the setback lines prescribed for the main building on a site. See Chapter 19.03, Rules of Measurement.

Guesthouse. See "Residential Housing Types, Second Units" in Chapter 19.46, Use Classifications.

Hazardous Waste. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (California Health and Safety Code Section 25117).

Hazardous Waste Facility. See Chapter 19.46, Use Classifications.

Height. See "Building Height."

Hip Roof. See "Roof Types."

Home Occupation. Any occupation conducted by a resident, entirely within a dwelling, where the use is accessory to the residential use of the structure, and does not change the residential character of the neighborhood. See Chapter 19.20, Standards for Specific Uses.

Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the Household and other similar characteristics indicative of a single Household.

Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.

Impervious Surface. Any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include, but are not limited to, buildings, concrete or asphalt driveways, streets, concrete or asphalt parking lots, swimming pools, and tennis courts.

In-lieu Fees. A cash payment required as a substitute for a dedication and/or improvement of land by an owner or developer of property.

Intensity of Use. The impacts a particular use or the use in combination with other uses has on its surroundings or on its demand for services and natural resources. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

Intensification of Use. A change in the use of a structure or site that generates more traffic or other level of activity on the site, for example: where the new use is required by this Zoning Ordinance to have more off-street parking spaces than the former use; or change in the operating characteristics of a use (for example, hours of operation).

Joint Watershed Goals Statement. Statement of goals established by the coordination between the cities of El Cerrito, Albany, Berkeley, and Richmond, the East Bay Regional Park District and the University of California at Berkeley to restore the watershed of the joint jurisdictions to a healthy condition.

Kitchen. Any space used, intended or designed to be used for cooking and preparing food.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences and hedges), earth patterning and bedding materials, and other like site improvements, for an aesthetic or functional purpose.

Living Area. Shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time.

Living Room. The principal room in a dwelling unit designed for general living purposes rather than for sleeping.

Loading Space. See "Off-street Loading."

Lot. A legally subdivided plot of land shown on a map of record.

Lot Area. The net area of a lot expressed in terms of acres or square feet, exclusive of any public or private street easements.

Lot Coverage. The ratio of the footprint of all principal and accessory structures on a lot to the lot area. See Chapter 19.03, Rules of Measurement.

Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line. See Chapter 19.03, Rules of Measurement.

Lot Frontage. The portion of a lot that fronts on or adjoins a street.

Lot Line. A line separating the frontage from a street; the side from a street or adjoining property; the rear from an alley or street or adjoining property.

Lot Line Types.

Front Lot Line. The side of a lot that abuts a public street. For corner lots, the shortest side fronting upon a street is considered the front of the lot regardless of which street is used for vehicle, pedestrian access or addressing.

Interior Lot Line. A lot line not adjacent to a street.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing setbacks and measuring rear yard depth.

Side Lot Line. Any lot line not a front lot line or a rear lot line.

Street Line. A lot line dividing a lot from an abutting street right-of-way.

In case of unusual circumstances, the zoning administrator may use their discretion to reassign front, side and rear lot line types in a way that best serves the spirit and intent of zoning ordinance.

Lot of Record. A lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the county recorder's office, or as a lot shown on a recorded record of survey map.

Lot Types.

Corner Lot. A lot with two or more adjacent sides that face a street or public right-of-way.

Flag Lot. A lot with a portion that does not meet minimum lot width requirements, where access to the public roadway is provided via that narrow portion.

Interior Lot. A lot with only one front lot line, not located on a street corner and lacking a side lot line adjacent to a street.

Irregular Lot. A nonrectangular parcel or one with its lot width less than one-fourth its depth.

Key Lot. The first lot to the rear of a reversed corner lot and not separated therefrom by an alley.

Regular Lot. A rectangular or nearly rectangular shaped parcel with lot width not less than one-fourth its depth.

Reversed Corner Lot. A corner lot where the rear yard abuts the side yard of a key lot.

Substandard Lot. A lot which does not meet the minimum requirements for lot size, lot width, and/or lot depth.

Through Lot. A lot which has two or more lot frontages which do not intersect to form a corner lot. See Figure 19.47-A.

==> picture [406 x 346] intentionally omitted <==

Lot Width. The average horizontal distance of a lot measured at right angles to its depth. See Chapter 19.03, Rules of Measurement.

Maintenance and Non-Structural Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized and undamaged condition, and does not enlarge or extend the structure.

Mansard Roof. See "Roof Types."

Manufactured Housing. A home built in a factory in one or more sections to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, or any state or national minimum standards adopted subsequent to 1974. See also Chapter 19.20, Standards for Specific Uses.

Master Fee Schedule. The schedule of all general and special fees and charges, established by resolution of the City Council pursuant to Title 4, Chapter 4.01 of the El Cerrito Municipal Code.

Mixed Use. A combination of uses on the same site or within the same district.

Monitoring. Monitoring refers to inspection activities conducted by the city or private consultant, to ascertain whether mitigation measures identified in the environmental document for the project have been implemented or complied with by the applicant in development of the project.

Monopole. A facility that consists of a single pole structure erected on the ground to support wireless communication antennas and connecting appurtenances.

Monument Sign. See "Sign Types."

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits. General, group, and individual storm water discharge permits that regulate facilities defined in Federal NPDES regulations in compliance with the Clean Water Act. These permits include General Construction Activity permits, General Industrial Activity permits, and similar permits adopted by the Central Coast Region of the California Regional Water Quality Control Board, and the State Water Resources Control Board.

Negative Declaration. A Negative Declaration as defined by the California Environmental Quality Act (CEQA).

Nonconforming Building or Structure (Legal). An existing building or structure that was designed, erected, or structurally altered pursuant to law under a previously applicable version of this Zoning Ordinance or prior to the adoption of this Zoning Ordinance but that does not conform with the currently applicable zoning requirements prescribed for the district in which it is located.

Nonconforming Parcel. A parcel that was created pursuant to law under a previously applicable version of this Zoning Ordinance or prior to the adoption of this Zoning Ordinance, but that does not comply with the current area, width, depth or other applicable requirements of this Zoning Ordinance.

Nonconforming Use (Legal). A use of a structure or land that was established and maintained pursuant to law under a previously applicable version of this Zoning Ordinance or prior to the adoption of this Zoning Ordinance, but which does not conform with the current use regulations for new uses within the district in which it is located.

Occupancy, Change In. A discontinuance of an existing use and the substitution therefore of a use of a different kind or class.

Off-Street Loading. A site or portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles, trucks or trailers.

Open Space. Any outdoor area not located within a required front setback which is to be used exclusively for leisure and recreational purposes, and which meets the requirements of the zoning district to qualify as open space. Open space may not be occupied by structures other than uncovered accessory structures such as swimming pools.

Open Space Types.

Common Open Space. Land not individually owned or dedicated for public use which is designed and intended for the common use.

Private Open Space. An open area outside a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Outdoor Storage. Storage of materials, including items for sale, lease, processing, and repair, in an area outside an enclosed building.

Overhead Landscape Features. Arbors, pergolas, trellises and the like which are detached from a main or accessory building, but may be attached to a fence or wall. An overhead landscape feature is substantially open to the passage of light and air on all sides and has a roof of typical lattice or a roof that is not less than sixty (60) percent open to the sky at any point across the entire structure. It may serve as an ornamental entry way or a support for screen planting. Overhead landscape features are not accessory structures.

Parapet Wall. That part of a wall that extends above the roof line.

Parking Lot. An off-street, surfaced, open area for the temporary storage of motor vehicles. See also "Public Garage."

Parking Space. A permanently surfaced clear area for the parking of a vehicle excluding driveways or access drives. See Chapter 19.24, Off-Street Parking and Loading.

Parking Structure. A structure or a portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. See also "Parking Lot" and "Public Garage."

Passageway. Shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time.

Pergolas. See Overhead Landscape Features.

Permit. Any Administrative Use Permit, Conditional Use Permit, Temporary Use Permit, Variance, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

Ministerial Permit. A permit granted ministerially by the Zoning Administrator or City staff, involving only the use of fixed standards or objective measures and requiring no discretion or public hearing.

Discretionary Permit. A permit granted following an exercise of discretion by the Zoning Administrator, Planning Commission, City Council, or other hearing body.

Permitted Health Care Resident. A person hired to provide live-in, long-term, or terminal health care to a senior citizen, a qualifying resident, or a family member of a qualifying resident providing such care. For the purposes

of this definition, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both.

Person. An individual, group of individuals, city, county, association, firm, partnership, corporation, cooperative, trust or other entity, public or private, including the State of California and the Federal government.

Physically Handicapped. See Disabled.

Plan Line. An official line determined by the city delineating the limits of a public right-of-way for a street. Such line is adopted by ordinance and shown on the zoning map.

Planning Commission. The City Planning Commission of the City of El Cerrito, California. Also referred to as the "Commission."

Plant Cuttings. Sticks cut from riparian shrub and tree branches in their dormant state such as willows and alder, which are buried about halfway in the ground and take root.

Plant Nursery. The production or cultivation for sale of horticultural specialties intended for ornamental or landscaping purposes, such as flowers, plants, shrubs and trees.

Pole Sign. See "Sign Types."

Pollute. Anything that causes or contributes to pollution, which may include paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete fines); and noxious or offensive matter of any kind.

y cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete fines); and noxious or offensive matter of any kind.

Pond. A small body of water for housing pets or created for landscaping purposes. Does not including detention or retention ponds for wastewater or stormwater.

Porch. A covered but otherwise open platform that provides a transition between the interior of a building and a public space of the street.

Pre-existing. In existence prior to the effective date of this Zoning Ordinance.

Premises. A lot or parcel of real property or any portion thereof which is used separately from other portions thereof, or any building located thereon, or any portion of such building which has a separate street address. "Premises" also includes business complexes.

Primary Structure. A structure that accommodates the primary use of the site.

Primary Use. The main purpose for which a site is developed and occupied.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Title. This term also refers to any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property Line. See "Lot Line."

Public Garage or Storage Garage. Any building or portion of a building used primarily or in part for the storage, servicing or repair of two or more vehicles not used by tenants of the building or buildings on the premises.

Public Right-of-Way (ROW). Public streets and utility easements owned by the City or other public entity, but only to the extent of the City or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.

Qualifying Residents. Persons 62 years of age or older, or 55 years of age or older in a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units, and persons meeting the definition of "qualifying resident" or "qualified permanent resident" as defined in Section 51.3 of the Civil Code or any successor statute. See Chapter 19.22, Affordable Housing Bonus.

Recreational Vehicle. A vehicle which is designed or used for human habitation for recreational purposes and which may be moved upon a public highway without a special permit or chauffeurs license or both, without violating any provision of the Vehicle Code. Also referred to as "Motor Home" or "Travel Trailer."

Recyclable Material. Reusable material intended for reuse, remanufacture or reconstruction for the purpose of using the altered form. Does not include refuse or hazardous materials. Recyclable materials shall consist of those acknowledged by the state of California's Department of Conservation.

Recycling Facility. See Chapter 19.46, Use Classifications.

Reporting. Reporting refers to the submitting of reports to the city by the applicant or private consultant demonstrating implementation of compliance with mitigation measures identified in the environmental document or conditions of approval.

Retaining Wall. A wall or similar structural device used at a grade change to hold the soil on the up-hillside from slumping, sliding, or falling.

Riparian Habitat. An area of vegetation that is an association of plant species that grow adjacent to freshwater watercourses, including perennial and intermittent streams, lakes, and other bodies of fresh water.

Riprap. Cobbles, rock, concrete pieces or other non-vegetative debris used to protect creekbanks against erosion.

Riprapping. The placement of riprap on creekbanks.

Roof Line. The highest point of a building with a flat roof.

Roof Types.

Gable Roof. A pitched roof having a gable at each end.

Gambrel Roof. A roof with two different pitches on each of two sides.

Hip Roof. A roof with four sloping sides.

Mansard Roof. A flat roof with a decorative slope on at least one side.

Screening. Wall, fences or dense hedges for the purpose of concealing from view the area behind such structures or hedges or protecting against noise, traffic, heat, glare and dust.

Senior Citizen. A person fifty-five years of age or older.

Setback line. A line parallel to a corresponding lot line or building site boundary. The intervening space between a setback line and the corresponding lot line or building site boundary defines a required setback yard area where limits on site improvements may be established based on specific zone standards.

Sign. Any letters, figure, symbol, emblem, logo, object, or display, or any combination thereof, designed or used to identify, attract attention to, advertise, or communicate information. See Chapter 19.26, Sign Regulations.

Sign Area. The entire area of a sign calculated for maximum sign area purposes. See Chapter 19.26, Sign Regulations.

Sign Copy. Any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

Changeable Sign Copy. Sign copy that can be changed manually, such as on a menu board or theater marquee.

Sign Face. The surface or surfaces used for the display of a sign message as seen from any one direction.

Sign Height. The height of a sign. See Chapter 19.26, Sign Regulations.

Sign Types. See Chapter 19.26, Sign Regulations.

Animated or Moving Sign. Any sign that, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement, or change of sign image or message.

Awning or Canopy Sign. A sign that is applied directly to, or integrated into the face of an awning or canopy. See also "Awning," and "Canopy."

Banner Sign. A temporary sign composed of fabric or similar non-rigid material that is supported or anchored on two or more edges or on fewer edges or corners but with weights installed that reduce the reaction of the sign to wind.

Commercial Sign. Any sign that directly or indirectly names, advertises, identifies, or directs attention to a business, product, good, service, or activity offered by a Commercial Use.

Construction Sign (Development Sign). A temporary on-site sign which identifies a residential or commercial project while it is under construction and includes information such as the project name, architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development, construction or financing of the project site on which the sign is located.

Directional Sign. A sign limited to directional messages such as entrance/exit or instructions to direct on-site traffic circulation.

Flag. A sign made of fabric or similar non-rigid material supported or anchored (typically to a pole, cable, or rope), along only one edge or supported or anchored at only two corners. If any dimension of a flag is more than three times as long as any other dimension, it is classified as a banner regardless of how it is anchored or supported.

Freestanding Sign. Any sign that is permanently erected or standing on the ground and supported from the ground by one or more poles, columns, uprights, braces, or anchors. This includes "pole signs" and "monument signs."

Grand Opening Sign. A temporary sign for the introduction, promotion, or announcement of a new business, store, shopping center or office, or for the re-opening of a business that has been closed to the public.

Marquee Sign. A sign incorporated into or attached to a marquee or permanent canopy and traditionally associated with theaters.

Monument Sign. A freestanding sign erected to rest on the ground or to rest on a monument base designed as an architectural unit. The width of the top of a monument sign is no more than 125 percent of the width of the base.

Noncommercial Sign. A sign that does not, either directly or indirectly, name, advertise, or direct attention to a business, product, good, service, or activity offered by a Commercial Use.

On-Premises Sign. Any sign that identifies or directs attention to an occupancy, business, product, service, or activity conducted, sold, produced, or offered upon the premises where the sign is located.

Off-Premises Sign. Any sign that identifies, advertises, or contains a message related to an occupancy, business, service, or product that is conducted, sold, produced, or offered on a premises other than where the sign is located; or which identifies by brand name a service or product which, although sold on the premises, does not constitute the principal item for sale on the premises.

Pole Sign. A sign mounted on a free-standing pole(s), columns, or other supports. See "Free-Standing Sign."

Portable A-Frame Sign. A sign with two slanted faces that form a shape similar to the letter "A" when unfolded, will stand up without help when placed on the ground, but is typically collapsible and can be readily moved.

Projecting Sign. A sign affixed to the face of a building and projecting more than 12 inches either perpendicularly or at an angle from the surface and usually has two message surfaces.

Real Estate Sign. A sign that serves to advertise the sale, rent or lease of the premises where the sign is located.

Roof Sign. Any sign erected, constructed or maintained upon or over the roof of a building.

Temporary Sign. A sign that is not designed, constructed, rate, or intended for permanent display on the property.

Wall Sign. Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of the wall and projecting less than 12 inches from the wall.

Window Sign. Any sign either hung within two feet of a window or attached to a display within two feet of a window.

Site. A lot, parcel, leasehold, or other physical location that is in a single ownership or under unified control. See also "Building Site."

Solar Energy. Energy for heating and lighting of structures produced by the sun.

Storm Water Runoff. Any surface flow, runoff, and drainage consisting entirely of water from rainstorms.

Story. A space in a building between the upper surface of any floor and either the upper surface of the next floor above, or in the case of the topmost floor, the ceiling or roof above. Those portions of a subgrade or partially subgrade living space, space used for parking, underfloor space or crawl space are counted as a story where the finished floor above such space is 5 feet or more above the final grade adjacent to any exterior wall around the perimeter of the building.

Story Poles. Story poles are temporary frame structures used to define the outlines of a proposed permanent structure in order to show the proposed height and mass of the construction. Story poles are intended to help decision makers, staff, neighbors and other interested parties visualize the location, mass and/or height of a proposed building(s), as part of the review of the project's relationship to its surroundings. Story poles are clearly visible and stable structures that distinctly show the corners and roof lines of the proposed construction.

Stream. A natural water course as designated by a solid line or dash and three dots symbol as shown on the most recently published United States Geological Survey map, or any well-defined channel with distinguishable bed and bank that shows evidence of having contained flowing water as indicated by scour or deposit of rock, sand, gravel, soil or debris.

Streambed. Waterways of the State, including intermittent streams, rivers, or lakes, under the jurisdiction of the Department of Fish and Game.

Street. A public or private thoroughfare which affords principal means of access to adjoining property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as defined in this Section.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structural Alteration. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, that enlarges or extends a structure.

Structural Repairs. Any repairs to a building that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams or girders.

Studio Dwelling Unit. A dwelling unit in which one room serves as both a living room and a bedroom.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Swimming Pools. Any body of water more than twenty-four inches deep and/or over two hundred fifty square feet in area either confined naturally or artificially.

Telecommunications Facility. A facility that transmits or receives electromagnetic signals, including antennas for cellular, enhanced specialized mobile radio (ESMR), personal communications services (PCS), microwave dishes, earth stations for satellite-based communications, and similar facilities.

Telecommunications Facility, Co-Located. A facility comprised of a single telecommunications tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

Temporary Use. A land use that is designed, operated and occupies a site for a limited time, typically less than 30 days.

Tenant. A person who rents, leases, or subleases real property from another through a written or oral agreement.

Top of Creek Bank. The uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of assistance.

Trellises. See Overhead Landscape Features.

Use. The purpose for which land or premises of structure thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

Visible. Capable of being seen (whether or not legible) by a person.

Wading Pool. Any body of water either natural or artificially confined less than twenty-four inches deep and two hundred fifty square feet in area, which is located permanently on the building site.

Walkway. Pedestrian access from the public right-of-way to a structure or use.

Watercourse. A creek, stream or other waterway.

Wetlands. Lands which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

Yard. Any open space on the same lot with a structure, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this Zoning Ordinance.

Yard Types. See Figure 19.47-A: Lot Types.

Exterior or Street Side Yard. A side yard adjacent to a street on a corner lot.

Front Yard. A yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the required minimum front setback, as required by this Zoning Ordinance.

Interior Side Yard. A side yard adjacent to another lot.

Rear Yard. A yard extending across the full width of the lot and measured between the rear line of the lot and required minimum rear setback, as required by this Zoning Ordinance.

Side Yard. A yard extending along each side lot lines of the lot and measured between the side line of the lot and the minimum side setback, as required by this Zoning Ordinance, bounded by the required front and rear

yards.

Zoning Administrator. A city staff member appointed by the Community Development Director to administer the provisions of this Zoning Ordinance. The Zoning Administrator may appoint a designee as a temporary acting Zoning Administrator. See Chapter 19.31, Planning Agency.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § XIX, 4-20-2009; Ord. No. 2015-01, § 2, 1-6-2015; Ord. No. 2017-04, § 3, 6-6-17; Ord. No. 2021-03, § 3, 11-16-2021)

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