Chapter 9.180 — TRANSPORTATION DEMAND MANAGEMENT

This chapter is intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This chapter meets the requirements of Government Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel demand element within a congestion management program (CMP) and Government Code Section 65089.3(a), which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by the city unless and until a TDM plan has been approved or an exemption granted pursuant to this chapter.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For purposes of this chapter, definitions of the following terms shall apply:

"Alternative transportation modes" mean any mode of travel that serves as an alternative to the single- occupant vehicle. This includes all forms of ride-sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.

"Applicable development" means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one (1) unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one (1) or more employers.

"Bicycle facilities" mean any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc.

"Change of use" means the alteration of the initial use of a facility to another use not related to the previous use, after the effective date of the ordinance codified in this chapter, where some discretionary action or approval by the city council and/or the planning commission is required.

"Developer" means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner.

"Employee" means any person employed by an "employer" as defined in this section.

"Employer" means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred (100) or more persons at a single worksite within the city, and may either be a property owner or tenant of an applicable development project.

"Employment generation factors" refers to factors developed for use by the city for projecting the potential employment of any proposed development project.

"Employment threshold" means the number of employees which an applicable development or employer must have for this chapter to apply.

"Minimum standards" mean the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter.

"Mixed-use development" means new development projects that combine two (2) or more different uses.

"New development project" means any nonresidential project being processed where some discretionary action or approval by the city council and/or the planning commission is required.

"Peak period" means those hours of the business day between 7:00 a.m. and 9:00 a.m. inclusive, Monday through Friday, which this chapter identifies as the priority period for reducing work related vehicle trips.

"Property owner" means the legal owner of the applicable development and/or the owner's designee (e.g., developer).

"Ride-share facilities" mean any capital improvements which would benefit an employee who rideshares to the worksite, including on-site amenities, preferential parking and ridesharing drop-off areas at the entrance of the concern.

"Site development plan/permit" means a precise plan of development that may be subject to public hearing before the city council and/or planning commission including without limitation a specific plan, conditional use permit public use permit or subdivision map.

"Transit facilities" mean any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities.

"Transportation management association" or "TMA" means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems and have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this chapter.

"Transportation demand management" or "TDM" means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single-occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak periods.

"Worksite" means a building or grouping of buildings located within the city which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control).

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

9.180.030 - Applicability.

A.

This chapter shall apply to all new nonresidential development projects and/or change of use projects that are estimated to employ a total of one hundred (100) or more persons as determined by the methodology outlined in subsection B of this section.

B.

For purposes of determining whether a new development project or change of use project is subject to this chapter, the total employment figure shall be determined as follows:

1.

Employment projections developed by the project applicant, subject to approval by the director; or

2.

Employment projections developed by the director or the director's designee using the following employeegeneration factors by type of use:

C.

The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each type of use.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Notwithstanding any other provisions, the following uses and activities shall be exempt from this chapter:

A.

Development projects and change of use projects projected per Section 9.180.030 to employ fewer than one hundred (100) persons;

B.

Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers;

C.

Other temporary activities, as defined in this code or as authorized by the city when such temporary activities shall discontinue at the end of the designated time period; and

D.

Any employer(s) who have submitted to the city an active approved plan under the South Coast Air Quality Management District's (SCAQMD) Regulation XV program requirements (Regulation XV). Notwithstanding this

provision, projects which are exempt under this subsection shall nevertheless comply with Section 9.180.110 (SCAQMD compliance).

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

All applicable new developments and change of use projects shall, concurrent with application to the city for other permits and/or approvals, submit a transportation demand management plan ("TDM plan") prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures appropriate to address on-site and off-site project impacts. The TDM plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of nonvehicular transportation.

B.

All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve an average vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements:

1.

Transit facilities (on-site and off-site);

2.

Bicycle facilities; and

3.

Rideshare facilities.

C.

All property owners of applicable new developments and change of use developments shall establish "operational standards" within sixty (60) days after occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMAs or a managing office of an applicable development must implement to achieve the goals of SCAQMD's Regulation XV program.

D.

The following options may be included in the property owner's TDM plan to fulfill both the capital improvement standards and the operational standards:

Alternate work schedules/flex-time: incorporating alternate work schedules and flex-time programs (such as a nine (9)-day/eight (8)-hour or four (4)-day/forty (40)-hour work schedule);

2.

Telecommuting: establishing telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center;

3.

Bicycle facilities: providing bicycle parking facilities equal to five percent (5%) of the total required automobile parking spaces; and preserve two percent (2%) of the gross floor area for employee locker and shower facilities;

4.

On-site employee housing and shuttles: providing affordable on-site housing and shuttles to and from residential and work areas;

5.

Preferential parking for carpool vehicles;

6.

Information center for transportation alternatives;

7.

Rideshare vehicle loading areas;

8.

Vanpool vehicle accessibility;

9.

Bus stop improvements;

10.

On-site child daycare facilities;

11.

Availability of electrical outlets for recharging of electric vehicles;

12.

On-site amenities such as cafeterias and restaurants, automated teller machines and other services that would eliminate the need for additional trips;

13.

Airport shuttle service to hotels and spas;

Contributions to funds providing regional facilities such as park-and-ride lots, multimodal transportation centers and transit alternatives in the area;

15.

Incentives for mass transit usage including, without limitation, provision of a bus pass, additional pay or flex-time;

16.

Implementation of increased parking fees or new fees;

17.

Restriction of business hours;

18.

Restriction of delivery hours;

19.

Providing a direct pedestrian path from the closest transit stop into the facility;

20.

Contributing up to one dollar ($1.00)/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;

21.

Developing rideshare and shuttle programs at resorts/hotels;

22.

Creating a golf cart circulation system;

23.

If an applicable development is on a current transit route, providing a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts;

24.

If an applicable development is not located on a current transit route, contributing to a fund which will be used to provide transit amenities;

25.

Provisions for the implementation of bicycle lanes; and

26.

Providing other creative or innovative strategies to reduce vehicle trips.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Every application for a TDM plan approval shall be made in writing to the director on the forms provided by the planning division, shall be accompanied by a filing fee as set forth in Chapter 9.260 and shall include the following information:

1.

Name and address of the applicant;

2.

The proposed TDM plan;

3.

Such additional information as shall be required by the application form.

B.

The director or the director's designee shall inform the applicant within thirty (30) days of receipt of the application whether the application is complete. When the application is complete, the director shall take one (1) of the following actions:

1.

If the TDM plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plan(s)/permit(s), submit the TDM plan to the planning commission for its approval if associated with another development application; or

2.

If subsection (B)(1) of this section does not apply, the director shall render a decision on the TDM plan in accordance with Section 9.180.070.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

All applications for approval of TDM plans shall be approved, conditionally approved or disapproved by action of the director or planning commission, whichever is applicable, based upon the standards set forth in this chapter, within thirty (30) days after the application is found to be complete. A public hearing shall not be required for any TDM plan application unless it accompanies another permit application(s) which requires such a hearing. In this instance, the applicable time limits governing the requested approvals shall be in effect.

B.

The following findings must be made when a TDM plan is approved:

The TDM plan conforms to all of the requirements of this chapter, the city's general plan, applicable specific plans, and with all applicable requirements of state law and the ordinances of this city.

2.

The TDM plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for the applicable development.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Director as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the director to the planning commission in accordance with Section 9.200.110 of this code.

B.

Planning Commission as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the planning commission to the city council in accordance with Chapter 2.04 of this code.

(Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Director (or designee) shall review an approved TDM plan for compliance with this chapter if any complaints of noncompliance are received by the city. In addition, the director shall annually review each of the currently outstanding approved TDM plans for compliance with this chapter. After review of an approved TDM plan, the director may require revision or resubmittal of the plan upon his or her finding that one (1) or more of the following conditions exist:

1.

The property owner is not complying with the TDM plan or the terms and/or approval conditions of the TDM plan;

2.

The TDM plan has failed to comply with SCAQMD requirements and the goals of this chapter to the level required by the TDM plan or its approval conditions; or

3.

Approval of the TDM plan was obtained by fraud or perjured testimony.

B.

In the event that the director determines that a TDM plan must be resubmitted, the plan shall be resubmitted in accordance with the procedures outlined in this chapter as a new submittal and the applicant shall pay the specified fee for submittal.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For purposes of ensuring that applicable developments comply with the provisions of this chapter, the director shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following:

A.

Withholding issuance of a building permit or occupancy permit;

B.

Issuance of a stop work order; and/or

C.

Any enforcement methods authorized by the municipal code.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Each property owner who has received approval of a TDM plan or who is exempt pursuant to Section 9.180.040D shall submit to the planning division for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV conformance. The director shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the city.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Chapter 9.185 - RECREATIONAL VEHICLE PARK

These regulations are intended to provide for development of recreational vehicle rental parks and ownership/membership parks in a manner which will be compatible with surrounding properties. This chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds, and to provide for their proper development, as opposed to mobilehome parks, and to provide a reasonable compatibility with adjoining properties while allowing a diversity of uses.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

For the purposes of this section, the following definitions shall apply:

"Recreational vehicle" means, as defined by Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, which meets all of the following criteria:

It contains less than three hundred twenty (320) square feet of internal living room area, excluding sliders, and built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2.

It is built on a single chassis;

3.

It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit;

4.

It is constructed in accordance with Standard No. A119.2 of the American National Standards Institute, as may be changed by the regulations of the state Department of Housing and Community Development.

"Recreational vehicle park" means a recreational development containing active recreational amenities and lots for the parking of recreational vehicles, as temporary residences. For the purpose of this code, recreational vehicle parks are further defined as either:

1.

Rental parks, where the recreational vehicle park is owned by a single owner or organization and all recreational vehicle lots are rented or leased for a period not exceeding two hundred ten (10) days in any one (1) year;

2.

Ownership/membership parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members, provided in any circumstances the lots are not occupied for a period exceeding two hundred ten (210) days in any one (1) year.

"Recreational vehicle lot" means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive adjoining parking space and the required open space around the recreational vehicle. An RV lot may be rented, leased or, if permitted herein, purchased as a separate parcel of land.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

A recreational vehicle park is permitted in the CR and CT districts by an approved conditional use permit. Such a use is not permitted in any other district.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

The following uses are permitted in all parks subject to the provisions of this chapter:

A.

Placement of recreational vehicles for nonpermanent residency. Note per city definition a recreational vehicle does not include mobilehomes;

B.

Permanent residency for manager or other employees in the operation of the park in a detached single-family residence;

C.

Delicatessen, RV accessories, snack bar and food store, provided this use is fully contained in a social or recreation center at least one hundred (100) feet from any property line of the recreational vehicle park, and serving only park guests;

D.

Similar uses: The planning commission may, by the conditional use permit approval process, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this code. All uses shall be subject to the property development standards contained herein.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

A.

Rental Parks. The length of occupancy in a recreational vehicle in any one (1) lot shall not exceed two hundred ten (210) days in any one (1) year.

B.

Ownership/Membership Parks. The length of occupancy in a recreational vehicle in any one (1) lot shall not exceed two hundred ten (210) days in any one (1) year.

C.

As to subsections A and B of this section, the limitation upon total number of days of occupancy shall apply to any particular recreational vehicle or park trailer, wherever it may be located within the recreational vehicle park. No single recreational vehicle or park trailer shall be permitted to be occupied more than the specified number of days in any one (1) recreational vehicle park in any one (1) year. If the length of occupancy does not exceed thirty (30) days, transient occupancy tax will be required in accordance with Chapter 3.24.

D.

"Year" for the purpose of this section shall include any period of three hundred sixty-five (365) consecutive days.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.060 - Prohibited uses.

A.

Permanent Residency. Except for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park, nor shall any recreational vehicle or park trailer be occupied in any such park by any person or combination or succession of persons totaling more than the number of days specified for that type of park in Section 9.185.050.

B.

Nonresidential Uses. Except as otherwise expressly provided herein, no part of the park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park.

C.

Propane. The on-site sale of propane is prohibited, except from a mobile commercially-licensed vendor.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.070 - Accessory structures.

A.

General. The following structures and their uses are permitted in all recreational vehicle parks:

1.

One (1) single-family residence for the owner or manager of a recreational vehicle park. The minimum lot area requirement for this residence shall be six thousand (6,000) square feet. The residence may include office space for use in connection with the park operation;

2.

Social and recreational center, provided such center is at least one hundred (100) feet from any property line of the recreational vehicle park;

3.

Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard courts;

4.

Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry drying;

5.

Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot as separate structure;

6.

Structures to assist the handicapped.

B.

Rental Parks. No additional accessory structures permitted.

C.

Ownership/Membership Parks. Storage structures provided that:

1.

The storage structure does not exceed dimensions of ten (10) feet in width, nine (9) feet in depth and seven (7) feet in height;

2.

The storage structures within a given park are similar in design, style, quality and building materials to other such structures or approved theme designs in the park;

3.

The storage structures are located within the rear half of the RV lot;

4.

There is a maximum of one (1) storage structure per recreational vehicle lot.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

The following structures are prohibited within all recreational vehicle lots:

A.

Any enclosed habitable buildings;

B.

Garages and carports;

C.

Fences;

D.

Curbing for landscape areas and other decorative curbing or containers greater than six (6) inches in height;

E.

Freestanding individual mailboxes.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

The maximum coverage shall be sixty percent (60%) for a recreational vehicle lot. For the purpose of this section, coverage shall include the area of the recreational vehicle, patio cover, and storage shed.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.100 - Density.

The maximum net density in the various permitted recreational vehicle parks is as follows:

A.

Rental Parks. The number of recreation vehicle lots shall not exceed fifteen (15) per acre.

B.

Ownership/Membership Parks. The number of recreational vehicle lots shall not exceed twelve (12) per acre.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.110 - Area of parks and lots.

A.

Park Area. Each recreational vehicle park shall have a minimum of ten (10) acres measured from the property lines of the park.

B.

Rental Park. Minimum area of recreational vehicle lot shall be two thousand (2,000) square feet.

C.

Ownership/Membership Park. Minimum area of recreational vehicle lot shall be one thousand five hundred (1,500) square feet.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.120 - Frontage of parks and lots.

A.

Park Frontage. Each recreational vehicle park shall have a minimum frontage on a public street of three hundred (300) feet.

B.

Lot Frontage. The frontage of a recreational vehicle lot shall be a minimum of forty (40) feet on an interior roadway.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.130 - Setbacks and yards.

A.

Setbacks for Park. Setbacks in which no recreational vehicle lot or structures are to be located.

B.

Setbacks. No recreational vehicle or structure may be placed within ten (10) feet of a roadway, exterior side yard or rear lot line or within five (5) feet of the interior side lot line.

C.

Separations. The minimum distance between any recreational vehicle or park trailer and any other recreational vehicle or park trailer shall be ten (10) feet.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.140 - Landscaping.

A.

Park Yards. All required yards within a recreational vehicle park shall be fully landscaped and irrigated. No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry roads crossing through said yards.

B.

All common open areas except for natural areas shall be landscaped and irrigated.

C.

Each recreational vehicle lot shall contain at least two hundred (200) square feet of outdoor patio area containing at least one (1) evergreen tree to provide a shade canopy.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.150 - Common recreation area.

A.

Common recreation area shall be required for all recreational vehicle parks. The recreation area may contain social halls, swimming pools, game courts, open areas, etc. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of ten percent (10%). Grades above ten percent (10%) shall be common area, but not counted as recreation area. The minimum amounts of common recreation area shall be provided as follows:

1.

Rental parks: two hundred (200) square feet per recreational vehicle lot;

2.

Ownership/membership parks: three hundred (300) square feet per recreational vehicle lot.

B.

The common recreation area shall be for the use of the entire park and shall not be partitioned in any manner for the sole use of any person or group of persons.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.160 - Screening.

Screening shall be provided as required in Section 9.100.050.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

9.185.170 - Lighting.

Exterior lighting shall comply with provisions of Section 9.100.150.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

All recreational vehicle lots shall contain concrete cement paved areas for automobile parking, outdoor patio and for the parking of the recreational vehicle, provided that no more than seventy percent (70%) of each lot is covered with nonpermeable material.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

Parking shall comply with provisions of Chapter 9.150.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

• 9.185.200 - Driveways and roads.

A.

Driveways. Driveway to the park shall have a minimum width of thirty-two (32) feet and have a clear and unobstructed access to a public street. The driveway shall be at least one hundred (100) feet in length from the street curb line and shall have no access to recreational vehicle lots or roadways. No vehicular parking shall be permitted within the driveway unless specifically designated for parking pursuant to city-approved plans.

B.

Roads.

1.

Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take access from a public street, alley or driveways.

2.

No vehicular parking shall be permitted within the road unless specifically designated for parking pursuant to cityapproved plans.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

No construction or flammable material, or vehicle other than a recreational vehicle shall be stored within a recreational vehicle lot, road, or common areas except in special storage areas. Storage areas shall be screened by an opaque living hedge or masonry wall not less than five (5) feet in height and shall be clearly designated on the approved plans.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan must include the type of trash collection facilities; location, size and number of trash receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

A.

Electrical Service. Only one (1) power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot.

B.

Water Service. Each lot shall be served by a domestic water supply system.

C.

Sewer Service. Recreational vehicle parks shall be connected to sanitary sewerage facilities. Each lot shall be serviced to the system by a three (3)-inch riser with "P" trap and basin designed to prevent spillage from contaminating the ground area.

D.

Undergrounding. All utilities shall be underground.

E.

Fire Hydrants. Hydrants shall be installed as required by the city engineer.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

A.

Wheels and/or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle.

B.

Skirting is permitted provided it can easily be removed and there are proper openings for ventilation.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within ownership/membership recreational vehicle parks subject to all applicable codes.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

Where the provisions of this chapter are in conflict with any other provision of the zoning code, the provisions of this chapter shall govern. Where the provisions of the chapter are silent on a matter, other provisions of the zoning code shall govern.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)

Chapter 9.190 - TRANSFER OF DEVELOPMENT RIGHTS

A.

All transfers of development rights or credits shall follow the definitions, procedures, timing, and documentation presented in this chapter, and shall observe the restrictions and guidelines presented in other enabling sections, such as Section 9.140.040 (Hillside conservation regulations), and others which may be from time to time adopted enabling transfers of development rights or credits.

B.

The purpose of this chapter is to provide the process by which development rights or credits may be transferred from donor parcels to receiving parcels such as in open space land use designations to enable it to be preserved as open space, and other purposes which may be adopted in other enabling legislation. Such transfers of development rights or credits may be within the same property, or may take place from one (1) property to another by means of sale.

C.

Transfers shall take place under the guidance of the city and shall be documented by means of recordation.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For the purposes of this chapter and this code, certain words and terms shall be defined as follows:

"Density bonuses" means transferred development rights or credits shall not be counted in the basis for density bonuses granted for providing for affordable housing. The order in which bonuses and transferred rights or credits are applied shall be as follows:

1.

The base density ranges as per the general plan;

2.

Density bonuses applied for providing affordable housing (up to thirty percent (30%) of the base density alone);

3.

Density bonuses for good design or special amenities (up to ten percent (10%) of the base density alone);

4.

Transferred densities added to the final figure of any density bonuses. Transferred densities shall not become a part of the base on which bonuses are figured;

5.

In no case shall the sum of all density bonus and transferred densities (if all are maximized) exceed sixty percent (60%) of the base density in the general plan.

"Development right" or "development credit" means a potential entitlement created by a land use designation and, by adoption of a zoning category, applying to a parcel of land, to construct one (1) dwelling unit per a given number of square feet or per a given number of acres, which can only be exercised when the development right or credit has been transferred pursuant to the provisions of this chapter and the enabling section, from a donor parcel to a receiving parcel, and all other requirements of law are fulfilled.

"Documentation" means the requirements for city approval, recordation and notice to the city of such recordation, following example language specified in Section 9.190.050.

"Donor parcel" means a parcel from which all potential entitlements for residential development are transferred (by means of sale or transfer to another parcel) and thereby extinguished. A subdivision shall be required to separate developable from undevelopable portions of the parcel.

"Enabling section" means a section of Title 9 of this code which creates and further specifies and limits the transfer of development rights or credits, such as Section 9.140.040 (HC hillside conservation regulations).

"Fractions" means development rights or credits may be transferred as a fraction carried to the second decimal place, rounded up or down to the second place following the rule of the third decimal being zero (0) through four (4), rounded down; five (5) through nine (9) rounded up to the next digit in the second decimal place. When applied to the receiving parcel, the number of credits (carried to the second decimal place) will be spread across the acreage of the receiving parcel and will be translated into an increment of additional development entitlements carried to two (2) decimal places per acre.

"Receiving parcel" means a parcel to which potential entitlements for residential development are transferred, up to the limits of the enabling sections, and exist in addition to any potential entitlements created by general plan land use designation and density specification and in addition to any zoning which applies to the parcel.

"Timing" means the time limits as specified in Section 9.190.040.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.190.030 - Procedures.

A.

The enabling section shall specify by class the donor parcels and the receiving parcels, the number of residential development rights or credits which can be transferred per square footage or per acre; and the limits of development rights or credits which can be transferred to any one (1) parcel.

B.

The donor parcels, from which development rights are being removed must:

1.

Remove all development rights or credits at the same time (residual development rights or credits cannot be left on the property);

2.

Be mappable; according to the Subdivision Map Act requirements, i.e., a legal description and a total acreage will be required to be recorded;

3.

Record a document which acknowledges that all development rights or credits for the described parcel have been extinguished and that no further residential development can occur on the parcel.

C.

The receiving parcel, to which development rights or credits are being transferred, must:

1.

Be mappable; according to the Subdivision Map Act requirements, i.e., a legal description and a total acreage will be required to be recorded;

2.

Record a document of affixture (or attachment) which has been attested to by the city clerk of the city, tying the transferred development rights or credits to a specific parcel, in perpetuity, following the sense of the example of language contained in Section 9.190.050.

D.

This document of transfer and affixture must be recorded. Evidence of the recordation must be supplied to the city clerk of the city within thirty (30) days of the date of attestation by the city clerk.

E.

The city clerk shall only attest to a transfer of development rights or credits upon receipt of written authorization from the city manager. The city manager shall only authorize such transfer after receiving a report from the planning and development department containing a recommendation and a synopsis of the engineering report from the public works director.

F.

If a property consists of both undevelopable and developable portions, the applicant may apply for the subdivision of the parcel to allow transfer of rights from the undevelopable portion to the developable portion.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

A condition of approval of the development rights transfer shall specify the donor and receiving parcels subject to the transfer which shall be recorded no later than ninety (90) days from the date of council approval.

B.

In the event that a parcel of hillside land (with development rights still attached) is granted, bequeathed, sold, transferred, given or otherwise becomes the property of a not-for-profit land trust, conservancy, or public agency, the receiving entity shall have an unlimited period from the date of receipt in which to dispose of the development rights by sale or other means. When development rights are transferred to a specific receiving parcel, the ninety (90)-day time limit shall apply as in subsection A of this section.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

There shall be recorded for the donor parcel a document having the sense of the following:

1.

A legal description and a total acreage of the parcel or portion of the parcel.

2.

The total number of development rights or credits being removed from the property.

3.

An acknowledgment that no further residential development rights or credits shall accrue to the parcel in perpetuity.

4.

The assessor's parcel number of the parcel to which the development rights or credits are being transferred.

5.

An attestation by the city clerk of the city (dated).

6.

The signature, name and address of the owner of the parcel.

B.

There shall be recorded for the receiving parcel a document having the sense of the following:

1.

"In addition to the number of dwellings units on this parcel APN (legal description and total acreage attached as Exhibit A) which may be permitted by the City of La Quinta by virtue of the General Plan Land Use and Density Designations, this parcel shall be permitted (number) of additional dwelling units per acre which have been transferred to this parcel pursuant to Chapter 9.190 of the Municipal Code, Transfer of Development Rights."

2.

"These additional dwelling units are hereby affixed to this parcel APN and may not be further transferred, sold, traded, or otherwise removed from this parcel, except by the purchase by the City of La Quinta or other public agency authorized by the City."

3.

The assessor's parcel number(s) of the donor parcel(s) from which the development rights or credits have been removed and transferred and affixed to this parcel.

4.

The signature of the city clerk of the city affixed below attests to the legitimate transfer of these development rights to this property as described in Exhibit A, attached to the ordinance codified in this chapter and on file in the office of the city clerk.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Chapter 9.200 - GENERAL PERMITTING PROCEDURES

9.200.010 - Development review process.

A.

Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application.

B.

Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq., and other applicable sections of the State Government Code and that such provisions shall be so construed.

C.

Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency.

D.

Application Filing. Applications shall be filed with the planning department on forms prescribed by the director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge.

E.

Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.).

F.

Projects Located in the Vicinity of an Airport. Any project proposed on a site located within either the Land Use Plan or the noise contours of either the Bermuda Dunes or the Jacqueline Cochran airports shall be submitted to the Riverside County Airport Land Use Commission for review prior to review and approval by the city reviewing authority.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Any potential project applicant has the option to file a conceptual design review (CDR) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. This process offers the following advantages:

1.

Provides a comprehensive overview of city applications, fees, and other requirements necessary to obtain project approval, in writing;

2.

Provides previous project background which can speed up the formal approval process when the project is submitted;

3.

The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability.

Submittal for this process shall include completion of an application and supplemental documentation as determined by the director.

B.

Within thirty (30) calendar days of receipt of a conceptual design review application, a review letter shall be issued to the applicant, incorporating all comments received during the review period.

(Ord. 594 §§ 1, 2(Exh. A), 6-1-2021; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016)

Editor's note— Ord. 588 § 2(Exh. A), adopted Feb. 2, 2021, amended the title of § 9.200.015 from "Preliminary review" to "Conceptual design review," as herein set out.

A.

Decision-Making Authority. Table 9-23 specifies the decision-making authority for each of the various actions described in this code. An "A," "PH" or "CC" means that the official or body at the top of the column has decision-making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item.

Table 9-23 Discretionary Review Authority

PH = Decision-making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing)

*By director.

**By director of building and safety.

***Subject to the provisions of Section 9.210.010.

****Also see Title 13, Subdivisions.

B.

Administrative Action. Actions to be taken administratively per Table 9-23 are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case-by-case basis that the public interest would be served by such notification.

C.

Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 425 § 1, 2006; Ord. 284 § 1, 1996)

At the discretion of the director, applications for different types of actions may be combined and processed concurrently so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications:

A.

When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing.

B.

The final decision on the combined application shall be made by the highest applicable decision-making authority pursuant to Table 9-23. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the city council.

C.

The applicable fee(s) shall be collected in accordance with Chapter 9.260.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

9.200.040 - General permit provisions.

A.

Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership.

B.

Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Acceptance of Applications as Complete. Within thirty (30) days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.

B.

Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the planning division sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten (10) days after the application is filed.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

9.200.060 - Action by decision-making authority.

A.

Possible Actions. The decision-making authority may take one (1) of the following actions on each application:

1.

Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications.

2.

Approval with Conditions. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval.

3.

Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one (1) year from the date of final determination, except that the decision-making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits.

4.

Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed.

B.

Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy.

C.

Effective Date. The determination of the decision-making authority by resolution shall be effective immediately unless appealed. Ordinances shall be effective thirty (30) days after second reading unless adopted as an urgency or emergency ordinance as shall be effective as authorized under law.

D.

Tie Votes.

1.

Development Review Applications. If action on a development review application results in a tie vote by the decision-making authority, such vote shall constitute a lost motion.

2.

Appeals. When all members of a decision-making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision-making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision-making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision-making authority.

E.

Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decisionmaking authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

• 9.200.070 - Time limits on processing applications.

A.

Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits.

B.

Incomplete Application Sunset Provisions. All applications which remain incomplete or inactive for a minimum six (6)-month period shall have a written thirty (30)-day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant regarding the application within thirty (30) days thereafter, the application shall automatically be withdrawn and closed.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 466 § 1, 2009; Ord. 284 § 1, 1996)

9.200.080 - Permit expiration and time extensions.

A.

Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run pursuant to subsection C of this section.

B.

Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four (24) months of the effective date of the approval or within such other time period designated by the approval:

1.

In the case of a development review permit where ministerial permits are required, such permits have been issued.

2.

In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued.

C.

Expiration. A development review permit shall expire and be of no further force or effect if:

1.

The permit is not established within twenty-four (24) months of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or

2.

After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one (1) year.

D.

Time Extensions.

1.

Upon application before expiration of the period of validity, the original decision-making authority may grant an extension to the period of validity for up to two (2) years if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B).

2.

Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted.

E.

Amendments to Development Review Permits.

1.

Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 new or additional land uses, or similar major changes.

2.

Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application.

ent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application.

(Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Plan Modifications by Applicant. Site development permit plans modified at the initiative of the applicant from those approved by the decision-making authority may be submitted to the director.

B.

Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision-making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section.

If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision-making authority.

C.

Criteria. Modifications by applicant shall permit minor changes to an existing or approved site development permit. The following criteria constitute minor changes that shall be deemed eligible for modification by applicant consideration:

1.

Changes in building square footage not to exceed ten percent (10%) from the original approval that have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking;

2.

Changes, additions, or adjustments to windows, window locations, or window treatments;

3.

Changes, substitutions, or adjustments to building materials, roofing materials, screening materials, lighting fixtures, or paving;

4.

Changes, additions, or substitutions to approved landscaping, including site of grading plans;

5.

Minor adjustments, substitutions, or additions to architectural features such as pilasters, canopies, trellises, shade structures, overhangs, eaves, parapets, cornices, or portions of roof structures that do not result in a significant effect on the overall aesthetic or architectural style of the building;

6.

Changes, substitutions, or adjustments to the approved color palette or material colors;

7.

Changes in residential model design.

D.

Ineligibility. Modifications by applicant which have been determined by the director, planning commission, or city council to exceed these standards or constitute a significant change shall require application and approval of an amended site development permit.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 466 § 1, 2009; Ord. 284 § 1, 1996)

9.200.100 - Public hearings.

A.

Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65090 et seq., of the State Government Code and that such provisions shall be so construed.

B.

Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision-making authority.

C.

Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision-making authority prior to action on the relevant application. At the public hearing, the decision-making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section.

D.

Noticing Requirements. Not less than ten (10) days prior to hearing, the city shall:

1.

Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development or other action proposed, to:

a.

The owner of the subject real property,

b.

The owner's authorized agent, if any,

c.

The project applicant,

d.

Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project,

e.

All owners of real property as shown on the last equalized assessment roll within five hundred (500) feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand

(1,000), the city may instead place a display advertisement of at least one-eighth (⅛) page in a newspaper of general circulation; and

2.

Publish a legal notice in a newspaper of general circulation or post a notice at two (2) public places in the city and one (1) place at the subject site.

E.

Additional Notice. The director may require that additional notice be given by enlarging the notification radius or by other means determined by the director.

F.

Other Notice. The city shall also provide any other notice required by law.

(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council.

A.

Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee.

B.

Call-Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or the planning commission regarding the action taken on a development review permit application. The planning commission's or city council's call-up review shall be processed in accordance with this section

C.

Appeal Procedures.

1.

Time Limits for Filing Appeals.

a.

All appeals, except call-up reviews pursuant to subsection B, shall be filed with the director within fifteen (15) calendar days of the date on which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired.

b.

A request for call-up review pursuant to subsection B shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or designee within fifteen (15) calendar days of the date on which the decision of the director or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five (45) days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a director's decision on a development review permit, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section.

2.

Required Documents. Each appeal, except for call-up reviews, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the planning commission or city council the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds.

3.

Forwarding of Records. When an appeal has been received, the director shall forward to the planning commission or city council all documents and information on file pertinent to the appeal together with the minutes or official action of the decision-making authority and a report on the basis of the decision.

4.

Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.100.

5.

Issues to Be Considered. The planning commission or city council may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision-making authority took action. When reviewing a decision-making authority's decision via its own call-up review, the planning commission or city council may raise and consider any issue it deems appropriate to the project application.

Action on Appeal. Not later than forty-five (45) days after an appeal has been received and accepted by the director, the planning commission or city council shall consider the appeal and take one (1) of the following actions:

a.

Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the planning commission or city council may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications.

b.

Continue the appeal for further consideration.

c.

Refer the application back to the original decision-making authority with directions.

7.

Majority Vote. Action by the planning commission or city council to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand.

(Ord. 603 § 1(Exh. A), 2022; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

A.

Grounds for Revocation. Any development review permit may be revoked by the decision-making authority or the city council pursuant to the provisions of this section on any of the following grounds:

1.

Such approval was based on inaccurate or misleading information.

2.

One (1) or more of the conditions upon which such approval was granted or extended have been violated.

3.

A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity.

4.

The findings which were the basis for the original permit approval can no longer be made.

5.

Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses.

B.

Procedure. Prior to any action on revocation, the decision-making authority shall hold a public hearing noticed and held in accordance with Section 9.200.100, except that the permittee shall be given not less than fifteen (15) days' notice. The notice shall state the causes for which the revocation is to be considered.

C.

Action of Decision-Making Authority. Following the hearing, the decision-making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit.

D.

Amortization. If a revocation of any permit is ordered, the decision-making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision-making authority by any affected person.

E.

Appeal. Any action by the decision-making authority pursuant to this section may be appealed as set forth in Section 9.200.110.

F.

New Decision-Making Authority. If the decision-making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision-making authority as that term is used in this section.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)

Chapter 9.210 - DEVELOPMENT REVIEW PERMITS

9.210.010 - Site development permits.

A.

Terminology. For purposes of this code, site, architectural, lighting and preliminary landscape plans, related development plans, and sign programs are included within the term site development permit.

B.

Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not limited to, permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

C.

Applicability. A site development permit is required for all projects which involve building construction except the following:

1.

Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval.

2.

Temporary uses (requires temporary use permit per Section 9.210.050).

D.

Decision-Making Authority. Site development permits shall be processed as follows:

1.

The director shall be the decision making authority for the following projects:

a.

New office or commercial buildings no more than ten thousand (10,000) square feet that are not part of an approved master commercial development or specific plan.

b.

New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved specific plan.

c.

New buildings on vacant pads within an approved commercial development.

d.

New single family models and landscaping plans in an approved tentative tract map.

e.

New parking lots that require a site development permit, per Section 9.150.020(A).

2.

The planning commission shall be the decision-making authority for the following projects:

a.

New office or commercial buildings of more than ten thousand (10,000) square feet that are not part of an approved master commercial development or specific plan.

b.

New multifamily buildings and landscaping no part of an approved specific plan.

c.

New mixed use buildings and landscaping plans.

E.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any site development permit:

1.

Consistency with General Plan. The project is consistent with the general plan.

2.

Consistency with Zoning Code. The project is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city.

5.

Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city.

6.

Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.

F.

Appeals. Appeals to decisions on-site development permits shall be reviewed pursuant to Section 9.200.110.

G.

Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080(E).

H.

Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100.

I.

Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.210.020 - Conditional use permits.

A.

Purpose. The purpose of a conditional use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts.

B.

Definitions. See Chapter 9.280.

C.

Applicability. A conditional use permit is required for all land uses identified in this code as requiring such permits.

D.

Decision-Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100.

E.

Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times.

F.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a conditional use permit:

1.

Consistency with General Plan. The land use is consistent with the general plan.

2.

Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

G.

Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.

H.

Expiration and Time Extensions. The period of validity for establishment or time extension of a conditional use permit shall be pursuant to Section 9.200.080.

I.

Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.

J.

The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.025 - Minor use permits.

A.

Purpose. The purpose of a minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code.

B.

Definitions. See Chapter 9.280.

C.

Applicability. A minor use permit is required for all land uses identified in this code as requiring such permits.

D.

Decision-Making Authority. Minor use permits shall be processed administratively by the director pursuant to Section 9.200.020.

E.

Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times.

F.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a minor use permit:

1.

Consistency with General Plan. The land use is consistent with the general plan.

2.

Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

G.

Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.

H.

Expiration and Time Extensions. The period of validity for establishment or time extension of a minor use permit shall be pursuant to Section 9.200.080.

I.

Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Purpose. The purpose of a variance is to provide for deviations from applicable standards of this zoning code such as the development standards set forth in Chapters 9.50 and 9.90. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

B.

Applicability. A variance is required for any development which is not consistent with applicable site development standards or other regulations of this code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040.

C.

Decision-Making Authority. Variances shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100.

D.

Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a variance:

1.

Consistency with General Plan. The variance is consistent with the general plan.

2.

Consistency with Zoning Code. The variance is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the variance application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

5.

Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding.

6.

Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property.

7.

No Special Privileges. The variance's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

8.

No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district.

F.

Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080.

G.

Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.080.

H.

Staff Certification of Construction Documents. If development is provided for under the variance, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 284 § 1, 1996)

A.

Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this code.

B.

Definition. See Chapter 9.280.

C.

Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent (10%) of a numerical development standard (for example, a reduction of one (1) foot from a ten (10)-foot setback requirement); for an approved or proposed map; approved or proposed development permit review; single family home building permit. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Up to three (3) adjustments per lot shall be allowed.

D.

Decision-Making Authority. Minor adjustments shall be reviewed administratively by the director pursuant to Section 9.200.020 unless combined with another application which requires discretionary review by the planning commission or city council pursuant to Sections 9.200.030 and 9.200.090(B).

E.

Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

F.

Precise Development Plan. Any development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

G.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any minor adjustment permit:

1.

Consistency with General Plan. The project is consistent with the general plan.

2.

Consistency with Zoning Code. The project is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

H.

Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.110.

I.

Expiration and Time Extensions. The minor adjustment will expire at the same time as the primary building or planning permit.

J.

Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100.

K.

Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.050 - Temporary use permits.

A.

Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment.

B.

Applicability. A temporary use permit is required for temporary uses permitted under this code.

C.

Decision-Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020.

D.

Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Precise Development Plan. Any use or development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

F.

Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the findings set forth for such temporary uses in the applicable section of this code have been satisfied.

G.

Time Limits. A temporary use permit shall be approved for no longer than eighteen (18) months, except as specified for stated temporary uses in their applicable sections of this code.

H.

Extensions. A temporary use permit may be extended for up to twelve (12) months. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B).

I.

The use permit may be modified or revoked by the director, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110.

B.

Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110.

C.

Decision-Making Authority. Home occupation permits shall be reviewed administratively by the director pursuant to Section 9.60.110.

D.

Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit.

F.

Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director of building and safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following:

G.

The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved.

H.

Only residents of the dwelling unit may be engaged in the home occupation.

I.

A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent (25%) of the combined floor area of the house and garage.

J.

A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure.

K.

There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics.

L.

Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

M.

The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use.

N.

No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services.

O.

Create greater vehicular or pedestrian traffic than normal for the district in which it is located.

P.

Medical, dental or similar occupations in which patients are seen in the home are prohibited.

Q.

All conditions attached to the home occupation permit shall be fully complied with at all times.

(Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 284 § 1, 1996)

Chapter 9.220 - ZONE MAP CHANGES AND CODE AMENDMENTS

9.220.010 - Zone map changes and prezoning.

A.

Purpose. A zone map change is a legislative action by the city council to change the zone designation of a property or properties on the official zoning map. A prezoning is the zoning of property outside the city's boundaries in anticipation of annexation into the city. For purposes of this code, prezonings are included within the term "zone change."

B.

Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed.

C.

Who May Apply.

1.

The owner of the property or by the owners agent (with written notarized authorization from the owner);

2.

The city council by a majority vote;

3.

The planning commission by a majority vote; or

4.

The director.

D.

Review Procedures.

1.

Zone changes shall be approved, approved with modifications or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.100.

2.

Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation to the council.

3.

If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the planning commission for report back to council. A public hearing shall not be required for such planning commission review.

E.

Required Findings. The following findings shall be made by the city council prior to approval of any zone map change:

1.

Consistency with General Plan. The zone map change is consistent with the goals, objectives and policies of the general plan.

2.

Public Welfare. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare.

Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties.

4.

Property Suitability. The new zoning is suitable and appropriate for the subject property.

5.

Change in Circumstances. Approval of the zone map change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 8, 2016; Ord. 367 § 1, 2002; Ord. 284 § 1, 1996)

A.

Purpose. A zoning code amendment is a development review action by the city council to change the text and/or graphics within this zoning code.

B.

Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65853 et seq., of the State Government Code and that such provisions shall be so construed.

C.

Who May Apply. A code amendment may be initiated by:

1.

The city council;

2.

The planning commission by a majority vote;

3.

The director; or

4.

An interested party.

D.

Review Procedures. Text amendments shall be reviewed under the same procedures as zone map changes as set forth in Section 9.220.010.

E.

Required Findings. The following findings shall be made by the city council prior to approval of any text amendment:

Consistency with General Plan. The code amendment is consistent with the goals, objectives and policies of the general plan.

2.

Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare.

(Ord. 550 § 1, 2016; Ord. 538 § 8, 2016; Ord. 367 § 1, 2002; Ord. 284 § 1, 1996)