Sec. 44-756. - Applicability.

To ensure compliance with the provisions of this chapter, a certificate of compliance shall be obtained from the Community Development Department before the following may occur:

(1)

A building permit is issued.

(2)

A change in use of improved or unimproved premises is made.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-757. - Procedure.

(a)

Community Development Department's action. A certificate of compliance may be issued by the Community Development Department only after determining that the request complies with all of the applicable standards and provisions of this chapter.

(b)

Inspection. An application for a certificate of compliance may require that the Community Development Director performs an onsite inspection of the subject parcel before determining/verifying that the request complies with all of the applicable standards and provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-758—44-782. - Reserved.

DIVISION 3. - PRECISE PLANS AND AMENDMENTS

Sec. 44-783. - Purpose.

The purpose of this division is to provide a process for reviewing applications for any new construction or exterior revisions for existing approved precise plans. The precise plan application process allows for the review of the design of the development, an identification of potential impacts on the surrounding properties, and an assurance that the proposed project complies with the provisions of this Code and the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-784. - Authority.

The approval authority designated in Section 44-485, Table IV-1 may grant approval of precise plans and amendments to precise plans.

(a)

When no other discretionary permit is required, a precise plan shall be required for all residential development except single-family homes on previously subdivided lots, and for all nonresidential developments exceeding 2,000 square feet of total floor area.

(b)

Precise plan, minor.

(1)

Application for minor precise plan permits are limited to the following requests:

a.

Development with less than 10,000 gross square feet of new building floor area.

b.

Four or less residential units.

c.

Any multifamily projects where a minimum of 20 percent of total units are restricted to be affordable to lower income households or at least 40 percent of total units are restricted to be affordable to moderate income households (for a period of time equal to provisions under State Density Bonus Law (California Government Code Section 65915).

d.

Modifications to previously approved precise plans that are substantially compliant with the original approval and do not result in additions greater than 10 percent of the total area.

(2)

Decisions on minor precise plan applications shall be made administratively by the Community Development Director. The director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a minor precise plan application shall be as specified in Section 44-787.

(3)

Subject to a determination by the Community Development Director, a minor precise plan application may be placed on a Development and Circulation Committee or City Council agenda for review.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-785. - Pre-application conference.

Before submitting an application for a precise plan, the applicant or prospective developer is strongly encouraged to request a pre-application conference with the Community Development Department to obtain information and guidance before preparing plans, surveys, and other data. Coordination of the preparation of the environmental documentation should also be discussed. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of a future precise plan proposal.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-786. - Application.

Applications for precise plans or amendments shall be filed in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-787. - Findings.

The review authority may approve a precise plan or an amendment to precise plan only if all of the following findings of fact can be made:

(1)

The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.

(2)

The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

(3)

The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(4)

The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

(5)

The subject site is physically suitable for the type and density/intensity of the use being proposed.

(6)

The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-788. - Additional required findings for PND zoning district.

In addition, in approving precise plans, conditional use permits or other development plan applications under the Planned Neighborhood Development (PND) zoning regulations, the review authority shall find all of the following:

(1)

The precise plan, conditional use permit, and any development plan for the site are consistent with the general plan and objectives of this division;

(2)

The proposed development will create an economically viable commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community;

(3)

The location, design, and proposed uses are compatible with the character of existing development in the vicinity and will be well integrated into its setting;

(4)

The proposed rezoning will help enhance necessary sales tax revenues needed to support general fund City services;

(5)

That provision is made for common area use and maintenance; and

(6)

The proposed development integrates elements such as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use.

(7)

The proposed development is consistent with the adopted PND design guidelines.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-789. - Conditions.

In approving a precise plan or an amendment to a precise plan, the review authority may impose specific development conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 44-787, and to carry out the purpose and requirements of the respective zoning district.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-790. - Change in ownership.

A precise plan that is valid and in effect shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. The applicant shall indicate in writing agreement to the conditions of approval prior to the issuance of a building permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-791. - Revocation and modification.

A precise plan may be revoked or modified in compliance with article IV, division 5 of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-792. - Expiration of precise plan and amendments.

A precise plan is subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-793—44-822. - Reserved. DIVISION 4. - SINGLE FAMILY RESIDENTIAL DUPLEXES[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 2022-01, § 19, adopted May 3, 2022, repealed div. 4, §§ 44-823—44-827, and enacted a new div. 4 as set out herein and later amended. Former div. 4 pertained to residential remodels and derived from Ord. No. 2015-01, adopted May 5, 2015; Ord. No. 2016-06, adopted May 3, 2016.

Sec. 44-823. - Purpose.

The purpose of this division is to facilitate the increased production of housing developments containing no more than two residential units within a single-family residential zone ("single family residential duplexes"), and to provide reasonable regulations for their development. Single family residential duplexes can contribute needed housing to the community's housing stock and promote housing opportunities for persons from a range of socioeconomic backgrounds who wish to reside in the City. In addition, the regulations in this division are intended to promote the goals and policies of the City's General Plan and comply with requirements codified in the State Planning and Zoning Law related to housing development containing no more than two residential units within a single-family residential zone.

(Ord. No. 2022-01, § 19, 5-3-2022)

Sec. 44-824. - Definitions.

For the purpose of this division, the following definitions shall apply:

Total floor area means the total floor area of the single family residential duplex, inclusive of all habitable areas and non-habitable areas of the structure, including but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code § 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

(Ord. No. 2022-01, § 19, 5-3-2022)