Division 20 — DESIGN REVIEW SIGN

A design review sign purses and intended is to control and regulate the placement and visual appearance of a sign to ensure that no hazard is presented to neither pedestrians nor motorists.

The Director of Community Development or designee is authorized to approve or deny design review sign applications.

Applications for a design review sign shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts.

Upon receipt of a complete application for a Director's determination, the project will be reviewed by Planning staff for the Director's approval.

Sec. 30-278. - Appeal.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

DIVISION 21. - MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP, AND LOT LINE ADJUSTMENT AND FINANCE AND CONVEYANCE MAPS Subdivision I. - Tentative Parcel Map

Sec. 30-279. - Purpose.

The purpose and intent is to provide procedures for the implementation of Government Codes relative to parcel maps subdividing up to four parcels or combining parcels. Specific procedures as outlined in Article 4 of Chapter 26; the administrative procedures are herein.

Sec. 30-280. - Authority.

The Director of Planning or designee is authorized to approve or deny tentative parcel map applications, and to impose reasonable conditions upon such approval.

(Ord. No. 1906, § 60, 10-25-22)

Sec. 30-281. - Pre-application meeting.

Prior to the filing of an application for a tentative parcel map application the applicant or the applicant's representative shall apply for a pre-application review with City staff.

(Ord. No. 1906, § 61, 10-25-22)

Sec. 30-282. - Application.

An application for a tentative parcel map shall be filed with the Planning Department in a manner prescribed by the Director of Planning, including, but not limited to, plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-283. - Reserved.

Editor's note— Ord. No. 1906, § 62, adopted Oct. 25, 2022, repealed § 30-283, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-284. - Findings for approval.

The Director of Planning or designee shall make the findings identified in Chapter 26 before granting approval of a tentative parcel map application.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-285. - Noticing.

Notice of hearings for tentative parcel map shall be as set forth in Division 4, of this article herein.

(Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-286. - Hearing.

Upon receipt of a complete application for a tentative parcel map, a time and place for the hearing before the Director of Planning shall be set.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-287. - Appeal.

The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-288. - Time limitations.

Each tentative parcel map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Subdivision II. - Tentative Tract Map

Sec. 30-289. - Purpose.

The purpose and intent is to provide procedures for the implementation of Government Codes relative to tract maps subdividing five or more parcels. Specific procedures as outlined in Division 2 of this article and Chapter 26; the administrative procedures are herein.

Sec. 30-290. - Authority.

The Planning Commission is authorized to approve or deny applications for tentative tract maps, and to impose reasonable conditions upon such approval.

(Ord. No. 1906, § 63, 10-25-22; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-291. - Application.

An application for a tentative tract map shall be filed with the Planning Division in a manner prescribed by the Director of Planning, including, but not limited to, plans.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-292. - Reserved.

Editor's note— Ord. No. 1906, § 64, adopted Oct. 25, 2022, repealed § 30-292, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-293. - Findings for approval.

The Planning Commission shall make the findings identified in Chapter 26 before granting approval of a tentative tract map application.

Sec. 30-294. - Noticing.

Notice of hearings for tentative parcel map modification shall be as set forth in Division 4, of this article herein.

(Ord. No. 1951, § 4(Exh. A), 5-28-24)

Sec. 30-295. - Hearing.

Upon receipt of a complete application for tentative tract map a time and place for the hearing before the Planning Commission shall be set.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-296. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Sec. 30-297. - Time limitations.

Each tentative tract map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.

Subdivision III. - Lot Line Adjustment

A lot line adjustment is intended to provide procedures for the implementation of Government Codes relative to map re-alignment. Specific procedures as outlined in Division 21 herein and Article 4 of Chapter 26, Article IV, the administrative procedures are herein.

Sec. 30-299. - Authority.

The Director of Planning or designee is authorized to approve or deny lot line adjustment applications.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-300. - Application.

Applications for a lot line adjustment shall be filed with the Planning Department upon such forms and accompanied by such data, information and fees as may be required by the Planning Department, to ensure a full presentation of the facts.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-301. - Approval.

Upon receipt of a complete application for a lot line adjustment, the project will be reviewed by Planning staff for the Director's approval.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-302. - Appeal.

The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Subdivision IV. - State-Mandated Subdivisions

(a)

Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code § 66411.7.

(b)

Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(c)

Application.

(1)

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code § 214.15).

(2)

An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

(3)

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(d)

Approval.

(1)

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director, without discretionary review.

(2)

A parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(e)

Requirements. An urban lot split must satisfy each of the following requirements:

(1)

Map Act compliance.

a.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

b.

If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:

1.

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

2.

The City has all the remedies available to it under the SMA, including, but not limited to, the following:

i.

An action to enjoin any attempt to sell, lease, or finance the property.

ii.

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii.

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

iv.

Record a notice of violation.

v.

Withhold any or all future permits and approvals.

c.

Notwithstanding Government Code § 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

(2)

Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

(3)

Lot location.

a.

The lot to be split is not located on a site that is any of the following:

1.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

Within a 100-year flood hazard area, unless the site has either:

i.

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway unless all development on the site has received a no-rise certification.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

Habitat for protected species.

Land under conservation easement.

b.

The purpose of subpart (e)(3)a above is merely to summarize the requirements of Government Code § 65913.4(a)(6)(B)—(K). (See Government Code § 66411.7(a)(3)(C).)

(4)

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

(5)

No prior urban lot split.

a.

The lot to be split was not established through a prior urban lot split.

b.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

(6)

No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years.

(7)

Lot size.

a.

The lot to be split must be at least 2,400 square feet.

b.

The resulting lots must each be at least 1,200 square feet.

c.

Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

(8)

Easements.

a.

The owner must enter into an easement agreement to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

b.

Each easement must be shown on the tentative parcel map.

c.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.

d.

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

(9)

Lot access.

a.

Each resulting lot must adjoin the public right-of-way.

b.

Each resulting lot must have frontage on the public right-of-way of at least 22 feet.

(10)

Unit standards.

a.

Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 30-434.1 of this Code, an ADU, or a JADU.

b.

Unit size.

1.

The total floor area of each primary dwelling that is developed on a resulting lot must be:

i.

Less than or equal to 800 square feet and

ii.

More than 500 square feet.

2.

A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

3.

A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

c.

Height restrictions.

1.

On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2.

On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

3.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d.

Lot coverage. The lot must comply with the lot coverage limit imposed by the underlying zoning. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

e.

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2.

Exceptions. Notwithstanding subpart (e)(10)e above:

i.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

3.

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 22 feet from the front property lines. The front setback area must:

i.

Be kept free from all structures greater than three feet high;

ii.

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

iii.

Allow for vehicular and fire-safety access to the front structure.

f.

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

1.

The lot is located within one-half mile walking distance of either

i.

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

ii.

A site that contains:

(A)

An existing rail or bus rapid transit station,

(B)

A ferry terminal served by either a bus or rail transit service, or

(C)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2.

The site is located within one block of a car-share vehicle location.

g.

Architecture.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2.

If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

All exterior lighting must be limited to down-lights.

4.

No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

5.

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public rightof-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

h.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

1.

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.

2.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

3.

All landscaping must be drought-tolerant.

i.

Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

j.

Utilities.

1.

Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

2.

Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

k.

Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

(11)

Fire-hazard mitigation measures.

a.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

1.

It must have direct access to a public right-of-way with a paved street and the ability to withstand 75,000 pounds of vehicle weight with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

3.

All enclosed structures on the site must have fire sprinklers.

4.

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

5.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire authority standard pump and hose equipment.

b.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (e)(11). The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

(12)

Separate conveyance.

a.

Within a resulting lot.

1.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

3.

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

b.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

(13)

Regulation of uses.

a.

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

b.

No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

c.

Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

(14)

Notice of construction.

a.

At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

Notice that construction has been authorized,

2.

The anticipated start and end dates for construction,

3.

The hours of construction,

4.

Contact information for the project manager (for construction-related complaints), and

5.

Contact information for the Building and Safety Department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(15)

Deed restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b.

Expressly prohibits any non-residential use of the lots created by the urban lot split.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.

(f)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Government Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code § 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 1885, § 3(Exh. A), 2-8-22)

Subdivision V. - Finance and Conveyance Maps

Sec. 30-302.2. - Finance and conveyance maps.

(a)

Purpose. The purpose and intent is to provide procedures for the implementation of Government Codes relative to Finance and Conveyance Maps. Specific procedures as outlined in Division 21 of this article and Chapter 26; the administrative procedures are herein.

(b)

Authority. The Director of Planning is authorized to approve or deny finance and conveyance map applications.

(c)

Application. An application for a finance and conveyance map shall be filed with the Planning Department in a manner prescribed by the Director of Planning.

(d)

Reserved.

(e)

Findings for approval. The Director of Planning shall make the findings identified in Chapter 26 before granting approval of a finance and conveyance map application.

(f)

Noticing. Notice of hearings for finance and conveyance maps shall be as set forth in Division 4, of this article herein.

(g)

Hearing. Upon receipt of a complete application for the project a time and place for the hearing before the Director of Planning shall be set.

(h)

Appeal. The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

(i)

Time limitations. Each finance and conveyance map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.

(Ord. No. 1898, § 7, 7-26-22; Ord. No. 1951, § 4(Exh. A), 5-28-24)

DIVISION 22. - TIME EXTENSION, MAPPING AND PROJECT Subdivision I. - Time Extension—Tentative Parcel Maps

Sec. 30-303. - Purpose.

The purpose and intent of a time extension is intended to provide the applicant additional time to complete a previously approved project required do to unforeseen circumstances.

Sec. 30-304. - Authority.

The Director of Planning or designee is authorized to approve or deny time extension for tentative parcel maps applications.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Applications for a time extension for tentative parcel map shall be filed with the Planning Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Department, to ensure a full presentation of the facts.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-306. - Reserved.

Editor's note— Ord. No. 1961, § 4(Exh. A), adopted Jan. 28, 2025, repealed § 30-306, which pertained to noticing and carried no amendatory history.

Sec. 30-307. - Reserved.

Editor's note— Ord. No. 1961, § 4(Exh. A), adopted Jan. 28, 2025, repealed § 30-307, which pertained to hearing and carried no amendatory history.

Sec. 30-308. - Reserved.

Editor's note— Ord. No. 1961, § 4(Exh. A), adopted Jan. 28, 2025, repealed § 30-308, which pertained to appeal and carried no amendatory history.

Subdivision II. - Time Extension—Tentative Tract Maps

The purpose and intent of a time extension is intended to provide the applicant additional time to complete a previously approved project required do to unforeseen circumstances.

The Director of Planning is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.

(Ord. No. 1906, § 65, 10-25-22; Ord. No. 1973, § 4(Exh. A), 10-28-25)

Sec. 30-311. - Application.

Applications for time extension for tentative tract maps shall be filed with the Planning Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Department, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-312. - Noticing.

Notice of hearings for tentative tract map time extension shall be as set forth in Division 4, of this article herein.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Upon receipt of a complete application for a time extension for tentative tract map, a time and place for the hearing before the Planning Commission shall be set.

(Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-314. - Appeal.

The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made to the City Council as set forth in Division 5, of this article herein.

Subdivision III. - Reserved[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1961, § 4(Exh. A), adopted Jan. 28, 2025, repealed Subdiv. III, §§ 30-315—30-321, which pertained to time extension—project and carried no amendatory history.

Secs. 30-315—30-321. - Reserved. DIVISION 23. - DEVELOPMENT AGREEMENTS AND AMENDMENTS Subdivision I. - Development Agreements

The City Council shall, by resolution, establish procedures, requirements and fees pertinent to applications for and consideration of approval of development agreements under Government Code § 65864 et seq.

DIVISION 24. - PLANNED UNIT DEVELOPMENT (PUD)

Sec. 30-323. - Purpose.

This division establishes the regulations and procedures for the approval of a planned unit development (PUD) project, major and minor.

(1)

Purpose. The purpose of this division is as follows:

a.

To encourage within the density standards of the general plan and Zoning and Development Code the development of a more desirable living environment by application of modern site planning techniques and building groupings or arrangements that are not permitted through strict application of the present zoning and subdivision ordinances;

b.

To encourage the reservation of greater open space and amenities for visual enjoyment and recreational use;

c.

To encourage a more efficient, aesthetic and desirable use of land; and

d.

To encourage variety in the physical development patterns of the City.

(2)

Intent. The intent of this division is to ensure that:

a.

Planned unit development permits will be issued only where the subject parcel is suitable to make innovative and creative site planning possible;

b.

Applicants for planned unit development permits have the professional capability to produce a creative plan;

c.

The public's interest in achieving goals stated in the general plan will be served more fully through the planned unit development process than through application of conventional zoning regulations;

d.

The advantages to landowners afforded by the planned unit development process will be balanced by public benefits; and

e.

Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Sec. 30-324. - Authority.

Minor planned unit developments are allowed by-right in applicable zoning districts. The Planning Commission is authorized to approve or deny a major planned unit development application and to impose reasonable conditions upon approval.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Sec. 30-325. - Uses permitted.

Only those uses permitted in the zoning district shall be permitted under conditions of this division.

Sec. 30-326. - Development regulations.

Any project developed pursuant to this division shall comply with the following regulations, and any permit issued shall be subject to such provisions established as conditions of approval.

(1)

Major planned unit development.

a.

Area of project. Planned unit development projects shall not be less than one acre in total area, except as modified below:

For residential projects or mixed-use projects where all units are affordable according to City standards, the minimum land area shall be the minimum lot area requirement of the zoning district in which the project is located.

For applications involving conversions of cooperatives to condominiums, the minimum lot area shall be the minimum lot area requirement of the zoning district in which the project is located.

b.

Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located.

c.

Minimum area and dimensions of lot. The area, width and depth of individually owned parcels of land within the development shall be established as a condition of approval, based on the following factors:

1.

Topography of the land.

2.

The ground area covered by individual dwellings and accessory structures.

3.

Location of common open space and its relationship to the dwelling to be served.

4.

Aesthetic relationships between individual units and open spaces.

5.

Yards and setbacks.

i.

Front, side, and rear yards shall be established as a condition of approval. Building lines shall be indicated on the approved site plan map.

ii.

All buildings shall be set back from all perimeter lines of the project a distance not less than 15 feet for rear yards and ten feet for side yard setbacks. Greater perimeter setbacks may be required as a condition of approval.

d.

Distance between buildings. The distance between any two buildings within the project shall be established as a condition of approval but shall not be less than ten-foot between the edges of the eaves.

e.

Maximum building height. The maximum building height permitted in the zoning district shall apply.

f.

Required on-site parking.

1.

The number of required parking spaces shall conform to provisions of Article XI.

2.

The location and arrangement of parking shall be subject to review by the Planning Commission.

g.

Walls, fences, and landscaping.

1.

Appropriate walls, fencing and landscaping around the perimeter of the project shall be required.

2.

A landscaping plan for all common open areas shall be submitted with required plans. Approval of the landscape element shall include approval of an acceptable watering system, and assurance of continued maintenance.

h.

Signs. The provisions of the zoning district in which the project is located shall apply.

i.

Access.

1.

Vehicular access shall be subject to review and approval of the Planning Commission.

2.

Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety measures shall be in place to protect pedestrians.

3.

All pedestrian access to common recreation and open areas shall be subject to review and approval of the Planning Commission.

4.

Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls).

5.

A variety of pavement textures and colors are required for streets, access ways and driveways, including stamped concrete, pavers, colored concrete and interlocking paving materials.

j.

Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall not be less than the requirements established by the zoning district.

k.

Common open space elements. The Planning Commission shall review and approve the location, intent, landscape treatment and method of maintaining each common open space or recreational elements proposed. The Planning Commission may require, as a condition of approval, such improvements as fencing, walls, and/or landscaping necessary to protect abutting residential development.

l.

Fencing. All fences and walls shall be constructed of durable, long-lasting materials. Walls constructed of concrete block shall vary in texture, color, and/or incorporate landscaping in order to provide visual relief. Wood, chain link fencing, and barbed wire are prohibited.

m.

Amenities/recreational uses. Active and passive recreational uses shall be encouraged, including greenbelts, hiking and walking trails, parks, swimming pools, spas, barbecue areas and sports courts. The design of such recreational uses shall be properly integrated into the overall design of the project. Amenities adjacent to drive aisles and streets shall be separated by a physical barrier (i.e. low walls).

n.

Private yards. Private yards shall be of sufficient size to be useable for passive outdoor use by occupants.

o.

Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views.

p.

Nuisance factors. The Planning Commission may impose standards, including restrictions on operating hours, for nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, or other physical impacts.

q.

Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.

r.

Other conditions. The Planning Commission may impose other conditions that it deems necessary or desirable to ensure that the project will be established, operated, and maintained in accordance with this division and all other requirements of this chapter and other provisions of law. The decisionmaking authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(2)

Minor planned unit development. Where a conflict exists between the standards in this section and those pertaining to the underlying zoning district, this section shall take precedence.

a.

Area of project. Minor planned unit development projects shall be located on sites that meet the following criteria:

1.

Located within the medium density residential (R-2) zoning district.

2.

Located where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection are provided.

3.

Not larger than three acres in size.

b.

Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located, except in cases of utilizing units from any allowable density bonus program.

c.

Minimum area and dimensions of lot.

1.

The lot area of individually owned parcels of land within the development shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from the requirements of the applicable zoning district unless otherwise approved by the Director of Planning.

2.

The lot width and depth shall meet the purpose of the minor PUD and be approved by the Director of Planning as part of the minor planned unit development approval. The Director of Planning may, at his/her discretion, forward applications for deviations in excess of 20 percent to the Planning Commission for decision.

d.

Setbacks. Front, side and rear setbacks shall be permitted to deviate from the requirements of the underlying zoning district. However, the front, side and rear setbacks shall not be less than the following:

1.

At no time shall the front setback be less than 15 feet between the front of the structure and the front property line.

At no time shall the rear setback be less than ten feet between the rear of the structure and the rear property line.

3.

At no time shall the side setback be less than four feet between the sides of the structure and the side property lines.

e.

Lot coverage. Lot coverage shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from any applicable lot coverage of the zoning district.

f.

Distance between buildings. The distance between any two buildings within the project shall be established as part of the minor planned unit development approval but shall not be less than six-feet between the edges of the eaves.

g.

Maximum building height. The maximum building height permitted in the zoning district shall apply.

h.

Required on-site parking.

1.

The number of required parking spaces shall conform to provisions of Article XI.

2.

The location and arrangement of parking shall be determined as part of the minor planned unit development approval.

i.

Walls and fences.

1.

Fences and walls shall be designed to be an attractive part of the project with materials and designs that are compatible with the exterior building materials and demonstrate design integrity with the project as a whole. Wood fencing, chain link or chain link with slats, and barbed wire shall be prohibited.

j.

Landscaping.

1.

Landscaping shall meet the requirements of Article X (General Landscape Requirements).

2.

Landscaping shall be incorporated to create an attractive visual for residential units, to provide privacy for adjacent residential units and to create useable open space when possible.

3.

The landscape design shall provide shade and accent plant materials of distinctive texture and color.

A tiered planting plan shall be proposed and installed.

i.

A minimum of three tier types that include a combination of groundcover, shrubs, and specimen trees shall be incorporated.

ii.

Different scales, forms, colors and/or textures of plant materials shall be used as "tiered" planting visually increases the depth of planters and promotes interest and diversity.

iii.

The tiered concept shall be applied to areas facing the right-of-way and in front of individual residential units or multi-family housing projects.

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k.

Signs. The provisions of the zoning district in which the project is located shall apply.

l.

Access and paving.

1.

Decorative pervious paving shall be incorporated into paved and landscaped areas in order to enhance the appearance of the project, reduce the visual impact of paved surfaces and act as a traffic calming measure.

i.

Decorative paving, including stamped concrete, pavers, brick, grasscrete, interlocking paving materials and other comparable materials, shall be used for all drive aisles in the entire development.

2.

Conflicts between pedestrian and vehicular circulation shall be minimized. Where such conflicts exist, adequate safety measures shall be in place to protect pedestrians.

3.

The development shall include entry monumentation to provide an aesthetically pleasing, "celebrated" entry statement. The development shall provide all of the following components:

i.

A minimum of two 36 inch box trees.

ii.

Uplighting on the building and landscaping.

iii.

Architectural elements, such as columns, pergolas, low walls, and similar elements with signage identifying the community and/or address.

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m.

Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall be established as required by the applicable zoning district.

n.

Architectural design and site criteria. All criteria in Section 30-435 and 30-477 shall apply to projects utilizing the minor planned unit development.

o.

Orientation. Buildings shall be oriented and located in such a manner as to maximize views and privacy and minimize exposure to intrusive elements such as noise, traffic and negative views. End units shall be oriented toward, and take access from, the public right-of-way.

p.

Frontage and entries. Each residential unit taking access from the ground floor shall incorporate one of the following frontage types:

1.

Porch. In the porch frontage type, the main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are attached to the building while the other two sides are open.

2.

Dooryard. In the dooryard frontage type, the main facade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential.

3.

Stoop. In the stoop frontage type, the main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks.

q.

Natural features. The development shall incorporate, where possible, natural terrain and trees or other vegetation into the overall design of the project.

r.

Private open space. A minimum of 200 square feet of private open space shall be provided for each residential unit. Private open space shall be accessed directly from the ground floor of the dwelling unit and shall be outside of the minimum front setback.

(Ord. No. 1936, § 4(Exh. A), 12-12-23; Ord. No. 1961, § 4(Exh. A), 1-28-25)

Sec. 30-327. - General requirements.

(a)

Phased development. A proposed planned unit development project that is phased over time shall be accompanied by a schedule establishing approximate dates when each phase shall be complete. Each phase of a phased development shall include its pro-rata share of total planned common space, facilities, services and inclusionary units, as applicable.

(b)

Common areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared.

(c)

Development agreements. Completion time and complexity of proposed planned developments may make desirable a development agreement between the project applicant and the City. Any such development agreement shall be subject to the provisions of Division 23, of this article herein.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Prior to the filing of an application for a planned unit development, the applicant or the applicant's representative shall apply for a pre-application review with City staff.

(Ord. No. 1906, § 66, 10-25-22)

An application for a planned unit development shall include a development plan that includes the following information:

(1)

Location and boundaries of property.

(2)

Site plan.

(3)

Existing and proposed land uses.

(4)

Density and floor-area ratios of proposed development.

(5)

Location of natural features.

(6)

Parking areas and circulation patterns.

(7)

Soils, grading, and drainage report.

(8)

Elevations of existing and proposed buildings.

(9)

Landscaping plan.

(10)

Fencing plans showing heights and materials proposed for fences and walls.

(11)

Signage plan.

(12)

Phasing plan, if applicable.

(13)

Amenities and Recreational areas within the development.

(14)

Other data and information deemed necessary by the City.

Editor's note— Ord. No. 1906, § 67, adopted Oct. 25, 2022, repealed § 30-330, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-331. - Findings for approval.

Before the Planning Commission may grant a major planned unit development permit, it must make all of the following findings:

(1)

The proposed project conforms to the general plan and is consistent with the purposes and requirements of this division.

(2)

The uses within the project are compatible.

(3)

New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.

(4)

The project is consistent with any adopted design guidelines applicable to the project area.

(5)

The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.

(6)

The proposed project will be served by adequate water, sewer, public utilities and services, and will have adequate vehicular and pedestrian access to ensure that it will not be detrimental to the public health, safety, or welfare.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Sec. 30-332. - Noticing.

Notice of the hearing shall be made in accordance with the provisions of Division 4, of this article herein.

Sec. 30-333. - Hearing—Approval process.

(a)

Major planned unit development.

(1)

Upon the filing of a complete application for the required entitlements for a proposed residential development requesting to utilize the major planned unit development, the matter shall be set for hearing before the Planning Commission.

(2)

The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the general plan. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

(b)

Minor planned unit development.

(1)

Minor planned unit developments are allowed by-right in applicable zoning districts. Compliance with the development standards in this division is required for approval of the minor planned unit development application but does not preclude the proposed development from being subject to other required review and approval for site, architectural, subdivision, and other applicable applications.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)

Editor's note— Ord. No. 1936, § 4(Exh. A), adopted Dec. 12, 2023, repealed the former § 30-333 and enacted a new § 30-333 as set out herein. The former § 30-333 pertained to hearing—planning commission and had no amendatory history.

Sec. 30-334. - Hearing—City Council.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.

If an application for a general plan amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of general plan amendment at any time.