Chapter 21.04 — SPECIAL PLANNED DEVELOPMENTS ESTABLISHED

Each section set forth below contains conditions placed on the use and/or development of certain properties by the ordinances cited therein for Zoning Map amendments for such properties. The conditions listed in each section are additional to the base zoning district regulations and development projects shall also comply with all other applicable standards and requirements of Title 21 (Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the provisions set forth in this chapter and other Title 21 requirements, these provisions shall apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay A applies to 2501 Theater Drive, a 3.75 acre parcel located approximately 790 feet west of Theater Drive (Parcel B of Parcel Map recorded in Book 35, Page 38 as designated on the official zoning map). This parcel is conditioned by Ordinance 529 N.S. to require a conditional use permit for any use. Land uses are limited to those that can safely be served via available easements.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay B applies mid-block between Mesa Road, Prospect Avenue, Golden Hill Road and Union Road as designated on the official zoning map. Six parcels located south of Mesa Road, are conditioned by Ordinance 560 N.S. as follows:

A.

All land uses are subject to approval of a conditional use permit;

B.

That all fee simple driveway strips from the properties to Prospect Avenue be quitclaimed to those parcels having frontage on Prospect Avenue prior to commercial/light industrial use and/or development of the subject properties;

C.

All landlocked parcels either be merged with adjacent parcels that have frontage on either Golden Hill or Mesa Roads or be provided with access, public utility and drainage easements whose adequacy shall be determined by the planning commission prior to recordation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay C applies to the Theater Drive Area. All C-2, PD-zoned properties as designated on the official zoning map are conditioned to require a conditional use permit to ensure that land uses will not have a significant adverse effect on the economic vitality of the downtown as required by Ordinance 568 N.S.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay D established by Ordinance 568 N.S. is repealed.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay E established by Ordinance 568 N.S. is repealed.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay F applies to the Commercial Service Area East of Golden Hill Road, South of Union Road and Highway 46 East. All C-3, PD zoned properties, totaling approximately 162 acres, located east of Golden Hill Road, South of Union Road and Highway 46 East as designated on the official zoning map are conditioned by Ordinance 560 N.S. as follows:

A.

Those properties that abut residentially-zoned land are conditioned to require the following:

1.

Construction of a solid wall of decorative masonry materials such as slumpstone or split-faced block, six to eight feet high; and

2.

Provision of a thick landscaped screen, at least ten feet wide to be planted on commercial property, in a location to be approved by the development review committee; recommended screening materials would include trees or tall shrubs which would grow more than ten feet high such as Eucalyptus Nicholii and Leyland Cypress.

B.

All land uses in the C-3, PD-zoned properties are subject to approval of a conditional use permit to ensure that the following occur:

Commercial light industrial uses do not create noise, visual and/or land use impacts to neighboring land uses;

2.

Commercial uses shall be limited to those which the city council has determined will not have a detrimental effect on the city's goal of revitalizing the downtown.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay G applies to the Residential-Agricultural (R-A) zoned properties east and west of Airport Road, north of Highway 46 East as designated on the official zoning map. The R-A zoned properties are conditioned by Ordinance 594 N.S. as follows:

A.

The minimum lot size (for creation of new lots via subdivision map, parcel map or lot line adjustment) shall be twenty acres.

B.

Two primary dwelling units are permitted on lots that are twenty acres or larger in area.

C.

The city may refer to those sections of the county of San Luis Obispo's Land Use Element and Land Use Ordinance that prescribe land use types and intensities, site design, and site development standards for the agriculture category in approving, conditionally-approving, or denying applications for building permits, development plans, variances, and conditional use permits.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay H applies to 1450 Golden Hill Road, an 11.8 acre site (Lot 2 of PR 06-0272) as designated on the official zoning map is conditioned by Ordinance No. 951 N.S. to require a conditional use permit to ensure that uses for the site are limited to senior retirement communities/residential care type uses.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay I applies to the 21.4 acre site (Parcel 3 of LLA 07-0293) as designated on the official zoning map and is conditioned by Ordinance No. 09-955 N.S. to limit future uses to the following agricultural/recreational related uses, which shall be subject to a conditional use permit as noted below:

A.

Crop production and processing (1).

B.

Wineries, breweries, and distilleries (1).

C.

Tasting rooms (1).

D.

Cultural institutions (2).

E.

Commercial recreation facility—Outdoor (2)(3).

F.

Hot springs resort/spa (2)(3).

G.

Restaurants (2) (sit down or walk up) with outdoor seating and liquor license.

H.

Bed and breakfast inn (2).

I.

Hotel (2), maximum eighteen rooms.

J.

Outdoor storage as an accessory use (1) (shall be screened).

K.

Interpretation Notes (1—3):

1.

Permitted use.

2.

Conditional use—Requires approval of a conditional use permit.

3.

Can be accessory use to a hotel/resort development, subject to approval of a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Special planned development overlay J applies to the Paso Robles Gateway Project, subject to the following conditions:

A.

Gateway Annexation Area (NW corner of US 101/SR 46W). The 170-acre site (TR 3120) as designated on the official zoning map, is conditioned by Ordinance No. 1098 N.S. to require development of each phase of the site be subject

to a development plan to ensure future development is consistent with the uses and the high-quality architectural design and character included in the Conceptual Master Development Plan PD 17-009.

B.

The future application(s) shall include project-level details that were not included in the conceptual master development plan, including architecture, landscaping, colorboards, parking, refined circulation, trash enclosures, fencing, etc.

C.

Future development in the RC-MU-PD-J zoned portions of this site (Areas 2, 4, and 6) are limited to the following uses:

1.

Certified farmers markets (a).

2.

Seasonal stands (including Christmas trees and pumpkins) (a).

3.

Wine tasting rooms (a).

4.

Winery (a) limited to five hundred square feet in size.

5.

Residential uses in conjunction with the mixed-use overlay zoning district (residential units shall be located above the first floor or behind the primary commercial use) (b, c).

6.

Libraries, museums, and art galleries (private) (a).

7.

Convention centers (b).

8.

All permitted or conditionally permitted uses listed under commercial recreation facility - indoor/outdoor of Table 21.32-1 (b).

9.

Cocktail lounges and bars (a).

10.

Food and beverage sales (a).

General merchandise limited to specialized retail and artisans (a).

12.

Pet stores (1).

13.

Restaurants (b) (sit down or walk up).

14.

Barber/beauty shops, nails & tanning salons, massage (a).

15.

Financial services (a).

Offices (a).

Interpretation of Notes (a, b, c).

a.

Permitted use after initial development plan.

b.

Conditional use—Requires approval of a conditional use permit after initial development plan, unless development plan specifically authorized the use.

c.

The seventeen workforce housing units to be constructed with the Village Commercial Center shall be prohibited from short-term rentals such as vacation rental or Airbnb use. A deed restriction shall be required as a condition of approval for the development plan of the phase.

D.

Future development in the R2-RL-PD-J zoned portion of this site (Area 5) shall adhere to the following standards:

1.

Area 5 may be developed with either of the following uses:

2.

A one hundred thirty-five thousand square foot resort including; up to one hundred rooms (fifty-five thousand seven hundred forty square feet), fifty-seven thousand square foot main lodge (includes two thousand five hundred square foot ballroom, one thousand three hundred square foot conference room, four thousand square foot restaurant) one thousand three hundred square foot poolside café/bar, six thousand square foot spa, one thousand square foot conference room, +/-fifteen thousand square foot outdoor event area, pool, one hundred sixty-five parking spaces; or

3.

A high-density resort community with a maximum of eighty residential units. The resort community may consist of attached and detached residences. The residences may be on subdivided lots and available for individual ownership. The individual owners may have the option to individually occupy the units long- or short-term and enter the homes into a rental pool for the resort.

4.

In the event a resort is developed with units that are separate from the main resort building, the owner may later convert up to eighty resort units to multi-family attached and detached residences, which may be available for individual ownership. Any converted resort units may be entered into the rental pool for the resort. Any resort units in excess of eighty may not be converted and shall remain owned and operated as part of the resort. Additional parking may be required to ensure the residences are adequately parked.

5.

In the event a high-density residential resort community is developed, a short-term rental management program shall be submitted with the development plan for review and approval by the planning commission.

E.

Future development in the RL-PD-J zoned portion of this site (Areas 1 and 3) shall adhere to the following standards:

1.

The maximum number of lodging units between the two areas is limited to three hundred twenty-five.

F.

Allowable uses in the AG-PD-J zoned portion of this site (Area 7) shall be limited to the following:

1.

Bee keeping (a).

2.

Cattle, horse & sheep grazing (a).

3.

Crop production (includes dry and irrigated farming, orchards, vineyards) (a).

4.

Crop processing & packaging (does not include wineries, food processing involving cooking, or similar activities) (b).

5.

Interpretation of Notes (a, b).

a.

Permitted use.

b.

Conditional use—Requires approval of a conditional use permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.05 - SPECIFIC PLANS ESTABLISHED

Specific plans adopted by the city of Paso Robles are summarized in Table 21.05.010-1.

Table 21.05.010-1: Adopted Specific Plans

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.06 - ZONING MAP

This zoning code, together with a zoning map, is hereby adopted in compliance with current state planning, zoning, and development laws. Changes in the boundaries of identified zoning districts shall be made by ordinance. The boundaries, designations, and locations, of the districts established by this zoning code shall be shown upon the map(s) entitled "Zoning Map for the City of Paso Robles" and referred to in this zoning code as the zoning map. Any additional maps (such as setback map, height map) adopted shall also be a part of this zoning code by reference.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Where a public street or alley is officially vacated, the property areas associated with the vacated street or alley shall be included within the zoning district or zoning districts of the adjoining properties. If the adjoining properties are in different zoning districts, the boundary lines shall be the centerline of the former street or alley and the extension of the side yard lines of the abutting properties. In the event such street, alley, or right-of-way was a boundary between two or more different zoning districts, the new zoning district or zoning district boundary shall be the property line that is created by the vacation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Where the exact boundaries of a zoning district cannot be readily or exactly ascertained by reference to the zoning map of the city, the boundaries shall be deemed to be along the nearest street or lot line, as the case may be and as determined by the director. If a zoning district boundary line divides or splits a lot, the lot may be deemed to be included within the zoning district which is the more restrictive unless the major portion of the lot is in the less restrictive zoning district, then the latter may be deemed to be the zoning at the discretion of the planning commission. The provisions of this section shall not apply to acreage.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any land within the incorporated limits of the city of Paso Robles, now or in the future, and not designated or indicated as any other zoning district on the zoning map shall be immediately zoned to be consistent with the general plan. In the interim period, between annexation and actual zoning of the property, the planning commission may grant use permits for uses conforming to the general plan. Conditions of the use permit shall include yard, height, lot area, and parking requirements of the zoning district most closely conforming to the general plan designation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

ARTICLE 2. - CODE ADMINISTRATION AND PERMITS Chapter 21.08 - PLANNING AUTHORITIES

A.

Purpose and Applicability. This chapter describes the authority and responsibilities of each review authority (city council, planning commission, development review committee, zoning administrator, and community development director) in the administration of this Title 21, including review and action on permits and other approvals required by this zoning code.

B.

Elevate Review. In compliance with any discretionary approval, each review authority may defer action and refer the request to the next higher review authority for the final decision.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Review Authority on Specified Planning Matters. The city council shall be the review authority for all legislative actions and shall make final decisions as indicated in Table 21.08.070-1 (Review Authority) and as follows, including action on related California Environmental Quality Act (CEQA) environmental documents, following a public hearing and recommended action by the planning commission:

1.

Development Agreements. Consider and adopt, reject, or modify development agreements pursuant to Chapter 21.12 (Development Agreements).

2.

General Plan and Zoning Text/Map Amendments. Consider and adopt, reject, or modify proposed amendments to the general plan (map or text), zoning code, and zoning map pursuant to Chapter 21.10 (Amendments to the General Plan, Zoning Code, and Zoning Map).

3.

Specific Plans and Amendments. Consider and adopt, reject, or modify specific plans or amendments to specific plans (and related master development plans (Section 21.16.030), as applicable) pursuant to Chapter 21.14 (Specific Plans).

4.

Historic Preservation. Consider and adopt, reject, or modify the historic resources inventory and historic preservation districts pursuant to Chapter 21.62 (Historic Preservation).

5.

Historic Certificate of Appropriateness for Landmark Properties. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site on a state or federal historic registry, or state historic resources inventory (with a California Historic Resource Status Code of 1-5) pursuant to Chapter 21.62 (Historic Preservation).

6.

Demolition of Historic Resources. Review and approve, conditionally approve, or deny applications for the demolition of historic resources pursuant to Chapter 21.62 (Historic Preservation).

7.

Special Planned Developments. Review and approve, conditionally approve, or deny applications for Special Planned Developments (and related Master Development Plans (Section 21.16.030), as applicable) pursuant to Chapter 21.11 (Special Planned Developments).

8.

Development Plans Including Modifications for Height (Habitable Space). Review and approve, conditionally approve, or deny applications for development plans pursuant to Section 21.16.020 (Development Plan Modifications) that include habitable space above maximum height limits.

9.

Oak Tree Removals. Review and approve, conditionally approve, or deny applications for oak tree removal permits pursuant to Chapter 10.01 (Oak Tree Preservation).

10.

Subdivisions. Review and approve, conditionally approve, or deny applications for final maps pursuant to Title 22 (Subdivisions).

11.

Street Abandonments. Review and approve, conditionally approve, or deny applications for street abandonments, consistent with Streets and Highways Code Sections 8300—8363.

B.

Appeals. The city council shall hear and decide appeals of planning commission decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

C.

Imposition of Conditions. In making decisions on applications, the city council may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The planning commission shall be established as set forth in Chapter 2.20 (Planning Commission) of the Municipal Code.

B.

General Duties and Functions. The planning commission shall perform the duties and have all of the rights, powers, and privileges specified and provided for in the Municipal Code or by state law. The functions of the planning commission, while not inclusive, shall be to formulate and recommend policies and standards for development of land uses and to perform authorized duties related to development review and as indicated in Subsection C. below, and to perform other functions as the city council may direct.

C.

Review Authority on Specified Planning Matters. Except when combined with legislative actions or other specified city council matters, the planning commission shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents, for the quasi-judicial permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section, following a public hearing in compliance with Chapter 21.26 (Public Hearings and Notice).

1.

Conditional Use Permits. Review and approve, conditionally approve, or deny applications for conditional use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

2.

Master Development Plans. Review and approve, conditionally approve, or deny applications for master development plans not approved concurrently with a specific plan or special planned development pursuant to Section 21.16.030 (Master Development Plans).

3.

Development Plans. Review and approve, conditionally approve, or deny applications for development plans pursuant to Chapter 21.16 (Development Plans).

Development Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with development plans pursuant to Section 21.16.020 (Development Plan Modifications), except those under city council purview per Section 21.16.020(B) (Allowed Modifications by City Council).

5.

Site Plans Subject to CEQA. Review and approve, conditionally approve, or deny applications for a site plan (Chapter 21.17) when a project is not exempt from CEQA.

6.

Historic Certificate of Appropriateness for Local Historic Resources. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site listed on the Paso Robles Historic Resources Inventory pursuant to Chapter 21.62 (Historic Preservation).

7.

Variances. Review and approve, conditionally approve, or deny applications for variances pursuant to Chapter 21.22 (Variances).

8.

Subdivisions. Review and approve, conditionally approve, or deny applications for tentative tract maps and tentative parcel maps pursuant to Title 22 (Subdivisions).

9.

Permit Revocation. Hear and decide proposals to revoke land use and development permits pursuant to Section 21.24.050 (Revocations and Suspensions).

10.

Recommendations. Make recommendations to the city council on final legislative decisions including development agreements and amendments, general plan amendments, specific plans and amendments, zoning code amendments, zoning map amendments, related CEQA environmental documents, street abandonments, and other applicable policy or regulatory matters related to the city's planning process.

11.

Annual Review and Legislative Recommendations. Annually review progress towards implementation of the general plan prior to city council review, annually review the capital improvement program of the city for consistencies with the general plan, and from time to time make recommendations to the city council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

D.

Appeals.

1.

The planning commission shall hear and decide appeals of the development review committee, zoning administrator, and director decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

Decisions by the planning commission may be appealed to the city council in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Imposition of Conditions. In making decisions on applications, the planning commission may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The development review committee shall be established to review the site, architectural, and landscaping design of new development and improvements of development applications, provide applicants with appropriate design comments, and make recommendations to the planning commission to implement the general plan.

B.

Composition. The development review committee shall be composed of three members of the planning commission; the director shall establish a rotating schedule for all commissioners to serve equal time on the development review committee throughout each calendar year.

C.

Meetings. The development review committee shall hold regularly scheduled meetings open to the public at dates, times, and places determined and posted by the director.

D.

Review Authority on Specified Planning Matters. Except when combined with legislative actions, the development review committee shall be the review authority and make final decisions as indicated in Table 21.08.070-1 (Review Authority) and this section:

1.

Site Plans. Review and approve, conditionally approve, or deny applications for site plans pursuant to Chapter 21.17 (Site Plans).

2.

Site Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with site plans pursuant to Section 21.17.020 (Site Plan Modifications).

3.

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits pursuant to Chapter 21.52 (Signs), except those signs reviewed by the zoning administrator pursuant to Section 21.08.050(C)9. (Sign Permits).

Other. Perform other responsibilities assigned by the city council, planning commission, city manager, zoning administrator, or director.

E.

Appeals. Decisions by the development review committee may be appealed to the planning commission in compliance with Chapter 21.25 (Appeals and Calls for Review).

F.

Imposition of Conditions. In making decisions on applications, the development review committee may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The office of zoning administrator is created pursuant to Section 65900 et seq. of the California Government Code. The purpose of the zoning administration process is to enable routine applications to be acted upon in a less costly, more expeditious manner while still providing full notification of and participation in the zoning review process.

B.

Appointment and Delegation. The zoning administrator shall be either the community development director or, as delegated, another employee of the city. When the zoning administrator is other than the community development director, that person shall be directly responsible to the community development director while acting in the capacity of zoning administrator. The zoning administrator may delegate his/her responsibilities to department staff under the supervision of the director, including the ability to approve or deny applications.

C.

Review Authority on Specified Planning Matters. The zoning administrator shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents for the permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section:

1.

Administrative Use Permits. Review and approve, conditionally approve, or deny applications for administrative use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

2.

Business Licenses. Review all new business license applications received by the city under Title 5 of the Municipal Code. Application review shall include a review of the location of business as related to the zoning code. If the review finds the application conforms to the existing zoning regulations, the zoning administrator shall sign the application for processing. If the zoning administrator finds the application to be in violation of any section of Title 21, the zoning administrator shall inform the applicant of the potential violation and remedies, if any, under this title.

CEQA Determinations. The zoning administrator shall be the review authority and make final decisions on California Environmental Quality Act (CEQA) environmental documents for projects not requiring a public hearing as permitted by the Paso Robles CEQA Guidelines.

4.

Historic Certificate of No Effect. Review and approve, conditionally approve, or deny applications for historic certificates of no effect pursuant to Chapter 21.62 (Historic Preservation).

5.

Home Occupation Permits. Review and approve, conditionally approve, or deny applications for home occupation permits pursuant to Chapter 21.21 (Home Occupation Permits).

6.

Plot Plans. Review and approve, conditionally approve, or deny applications for plot plans pursuant to Chapter 21.18 (Plot Plans).

7.

Reasonable Accommodations. Review and approve, conditionally approve, or deny applications for reasonable accommodations pursuant to Chapter 21.27 (Reasonable Accommodations).

8.

Short-Term Rental Permit. Review and approve, conditionally approve, or deny applications for short-term rental permits pursuant to Chapter 21.64 (Short-Term Rentals).

9.

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits for signs covered under an existing sign program and not visible from the public right-of-way and other public vantage points pursuant to Chapter 21.52 (Signs).

10.

Subdivisions. Review and approve, conditionally approve, or deny applications for lot line adjustments and lot mergers. See Title 22 (Subdivisions).

11.

Temporary Use Permits. Review and approve, conditionally approve, or deny applications for temporary uses pursuant to Chapter 21.20 (Temporary Use Permits).

12.

Other. Perform other responsibilities that involve a public hearing as assigned by the city council, planning commission, city manager, or community development director.

D.

Appeals. Decisions by the zoning administrator may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review). Decisions on plot plans (Chapter 21.18) and sign permits (Chapter 21.52) may be appealed to the development review committee. All other decisions may be appealed to the planning commission.

E.

Imposition of Conditions. In making decisions on applications, the zoning administrator may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.08.060 - Community development director.

A.

Appointment. The community development director, referred to in this zoning code as the director, shall be appointed by the city manager.

B.

General Authority. The director shall be responsible for performing all of the functions designated by state law and this title and shall perform other responsibilities directed by the city council, planning commission, or city manager.

C.

Administration and Interpretations. The director shall be responsible for the administration of the regulations and provisions of this Title 21 (Zoning Code), including interpretations and determination on the meaning or applicability of the regulations contained in this zoning code that are believed to be in error or are unclear, as outlined in Chapter 21.02 (Interpretation of the Zoning Code).

D.

Adoption of Procedures. The director shall be responsible for the establishment and, from time-to-time amendment, subject to the approval of the planning commission, of rules and procedures necessary to process, review, notify, and make findings and a determination of the items set forth in this title.

E.

Delegation and Supervision. The director may delegate the responsibilities of the director to department staff under the supervision of the director.

F.

Appeals. Decisions by the director may be appealed to the planning commission in compliance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Table 21.08.070-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this zoning code.

Table 21.08.070-1: Review Authority

Notes:

(1)

"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; and "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 21.25 (Appeals and Calls for Review).

(2)

See Section 21.15.080 (Post Decision Procedures) regarding development review committee review of certain development plan and site plan details for final approval.

(3)

For any discretionary action or permit, the review authority may defer action and refer the request to the next higher review authority for the final decision in compliance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A land use on property that complies with the permit requirement or exemption provisions of this zoning code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this ZONING CODE shall eliminate the need to obtain any permits required by any other Municipal Code provisions or any applicable county, regional, state, or federal regulations.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The building official shall not issue any building permit for the construction of any building, structure, facility, or alteration, the construction of which or the proposed use of which would constitute a violation of this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.09 - APPLICATION PROCESSING AND COMMON PROCEDURES

A.

Procedures. This chapter establishes uniform procedures and requirements for the preparation, filing, and initial processing of land use and development permits and approvals provided for in this title, unless superseded by a specific requirement of this title or state law.

B.

Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate city actions taken in the absence of a clear showing of intent not to comply with this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application pursuant to this zoning code shall file all related applications concurrently, together with all application fees required by Section 21.09.040 (Application and Other Related Fees), unless these requirements are waived by the director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed—and approved or denied—by the highest review authority designated by this zoning code for any of the applications. For example, a project for which applications for zoning map amendment and a conditional use permit are filed shall have both applications decided by the city council, instead of the planning commission being the final decision-making authority for the conditional use permit as otherwise required by Table 21.08.070-1 (Review Authority). In the example cited, the planning commission would still hear all the applications (the zoning map amendment and the conditional use permit) and forward recommendations to the city council.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Contents. Applications for amendments, entitlements, and other matters pertaining to this zoning code shall be filed with the department in the following manner:

1.

The application shall be made on forms furnished by the department.

2.

The necessary fees shall be paid in compliance with the city's fee resolution.

3.

The application shall be accompanied by the information identified in the department handout for the particular application. The requested information may include exhibits, maps, materials, plans, reports, and other information required by the department that describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.

B.

Incomplete Applications. The zoning administrator may reject any application that does not supply the required information or is incomplete.

C.

Application Content. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.

D.

Status of Application. Acceptance of the application does not constitute an indication of approval by the city nor of the application being deemed complete. If an applicant fails to provide all of the information required in the application or any additional information required in support of the application, the application will not be deemed complete.

E.

Pre-Application Conference and Concept Plan Presentation for Legislative Actions.

1.

A prospective applicant for legislative actions (such as zoning amendments, specific plans, and general plan amendments) shall request a pre-application conference with the zoning administrator or designee before completing and filing a permit application required by this zoning code, followed by a presentation of a concept plan to the city council.

2.

The purpose of a pre-application conference and concept plan presentation is generally to review the conceptual project with the city council and receive preliminary feedback to inform the project application.

3.

Neither the pre-application conference nor feedback provided by the city council on the concept plan shall be construed as either a recommendation for approval or denial of the application or project.

4.

An applicant is encouraged to perform an early-stage outreach with residents and property owners to address and, if possible, resolve any concerns that interested persons may have regarding potential impacts of proposed project on surrounding neighborhoods and properties.

5.

A pre-application conference/concept plan submittal does not establish the date for determining a preliminary application to be complete for the purposes of implementing the provisions of California Government Code Section 65589.5 (see Section 21.09.080) or Section 65913.4 (see Section 21.09.090).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Filing Fees Required.

1.

The city council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the city

council.

2.

The city's processing fees shall be cumulative. For example, if an application for design review also involves a variance, both fees shall be charged.

3.

Processing shall not commence on an application until required fees have been paid. Without the application fee, the application shall not be deemed complete.

B.

Refunds and Withdrawals.

1.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a disapproval are not allowed, unless associated with an unused portion of a deposit.

2.

In the case of a withdrawal, the zoning administrator may authorize a partial refund based upon the pro-rated costs to date and determination of the status of the application at the time of withdrawal. The city council may establish a refund schedule in the city's fee resolution.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.050 - Eligible applicants.

A.

Owner or Authorized Agent. An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the zoning administrator's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

B.

Signature Required. The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Determination of Completeness. Within the timelines prescribed by law, the zoning administrator shall review each application for completeness and accuracy before it is accepted as being complete. The zoning administrator's determination of completeness shall be based on the community development department's list of required application contents and any additional written instructions provided to the applicant in any preliminary review and/or

during the initial application review period. The provisions of California Government Code Section 65589.5(o) shall apply until such time such section is no longer law.

1.

Notification of Applicant. As required by California Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed, in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the zoning administrator's letter, shall be provided. This requirement shall not apply to any legislative actions.

2.

Processing Schedule Upon Completeness. Upon being deemed complete, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.

3.

Submittal of Additional Information.

a.

When the zoning administrator determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

b.

The additional specified information shall be submitted in writing (preferably electronic/digital material), as required by the zoning administrator, rather than verbally.

c.

The zoning administrator's review of any information resubmitted by the applicant shall be accomplished in compliance with Paragraph 21.09.060(A)1. above, along with another thirty-day period of review for completeness for each resubmittal necessary.

4.

Application Available for Public Review. After an application has been accepted as complete, in compliance with the Freedom of Information Act, the city may, if requested, make the application available for public review.

5.

Environmental Information. Upon review of an initial application or after an application has been accepted as complete, the zoning administrator may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

6.

Expiration of Application. If an applicant fails to provide the additional information specified in the zoning administrator letter within ninety days following the date of the letter, the application shall expire and be deemed abandoned consistent with Section 21.09.100 (Administrative File Close-Out Program), unless an extension is

approved by the zoning administrator for good cause shown. After the expiration of an application, future city consideration shall require the submittal of a new, complete application and associated filing fees.

B.

Referral of Application. At the discretion of the zoning administrator, or where otherwise required by this zoning code or state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

C.

Multi-Unit Residential and Mixed-Use Developments. Housing development projects as defined by Government Code Section 65589.5(h)(2) and housing development projects applying for approval under Government Code Section 65913.4 shall be subject to streamlining procedures outlined in Sections 21.09.080 (Housing Accountability Act Streamlined Review) and 21.9.090 (Procedures for Applications filed under Government Code Section 65913.4 (SB 35)), respectively.

D.

Wireless Communications Facilities. The review for completeness and the processing of wireless communications facilities applications shall comply with applicable Federal Communication Commission regulations.

E.

Project Review Procedures. No permit shall be issued in any case mentioned in this title until such drawings and sketches have been approved by the appropriate review authority; and all buildings, structures, and grounds shall be constructed and installed in accordance with the approved drawings and sketches.

1.

Investigation of Facts. Following receipt of a completed application, the zoning administrator shall investigate the facts necessary for action consistent with the purpose of this title.

2.

Inspection of Premises.

a.

Pre-inspections. The property owner or authorized agent shall give the zoning administrator access to the premises subject to the application to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability for the proposed use or development.

b.

Post-inspections. Following application approval, the property owner or authorized agent shall give the zoning administrator access to the subject premises to confirm compliance with this zoning code and all conditions of permit approval.

3.

Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with

the provisions of the zoning code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

CEQA Review. Within thirty days of acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1.

The proposed project is not a "project" as defined by CEQA;

2.

The proposed project is exempt from the requirements of CEQA;

3.

A negative declaration or mitigated negative declaration may be issued; or

4.

An Environmental Impact Report (EIR) and related documents shall be required.

B.

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and the city's CEQA guidelines.

C.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the city's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

D.

Review Authority. The review authority of any required CEQA document shall be the same as the review authority for the applicable permit or action, except:

1.

The review authority may defer action and refer the request to the next higher review authority for the final decision, in which case the next higher review authority shall act on both the request and the CEQA document; and

2.

The development review committee shall defer action to the planning commission on projects that are subject to CEQA and no statutory or categorical exemptions apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.080 - Housing Accountability Act streamlined review.

A.

Applicability. This section applies to housing development projects as defined by Government Code Section 65589.5(h)(2).

B.

Conflicting provisions. This section provides additional procedures that shall be followed for applicable projects. If conflicts occur between other procedures in Title 21 and the procedures of this section, this section shall control. Terms defined in Government Code Section 65589.5 shall apply to this section and shall control in the event of a conflict between definitions in this section and definitions in Government Code Section 65589.5.

C.

Application Filing.

1.

Preliminary Application Filing (Optional). An applicant may file a preliminary application consistent with Government Code Section 65941.1.

a.

A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.

2.

Full Application. An applicant may file a full application for a housing development without filing a preliminary application. The full application shall be filed on a form provided by the city with the required fee.

D.

Completeness Review.

1.

Preliminary Application. If a preliminary application is filed, the preliminary application shall be deemed complete when the preliminary application containing all of the information listed in the preliminary application form is submitted. If all listed information is not provided, the city shall request the missing information from the applicant.

2.

Full Application.

a.

Once a full application is submitted, the city shall inform the applicant in writing within thirty calendar days of submittal or resubmittal that the application is complete or incomplete and the additional information required consistent with Government Code Section 65943. Only information requested in the city's application forms can be requested. If the city does not provide written notification within this time frame, the application shall be deemed complete. The city shall review each resubmittal within the thirty-day period and cannot request information that was not listed in the first incompleteness letter.

b.

If an applicant receives written notification that the application is incomplete, and a preliminary application was submitted for the housing development, the applicant shall submit the information needed to complete the application within one hundred eighty calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this time frame, the preliminary application shall expire and have no further force or effect.

c.

If a second determination of incompleteness is provided, the applicant shall be able to appeal the decision to the city council. The city shall make a decision on the appeal no later than sixty calendar days after receipt of the applicant's written appeal. The initial appeal may be to the planning commission, but in that case the city council shall still make a decision within sixty days. If the decision on the appeal is not made within this time frame, the application shall be deemed complete.

E.

Compliance Review.

1.

Scope of Review.

a.

Housing Development with a Preliminary Application Submittal. A housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:

i.

A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction.

ii.

A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.

iii.

Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent

with CEQA.

iv.

The housing development has not commenced construction within 2.5 years following the date of the housing development's final approval (as defined in Government Code Section 65589.5(o)(1)(D)).

v.

The number of residential units or square footage of construction proposed changes by twenty percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.

b.

Housing Development without a Preliminary Application Submittal. A housing development shall be subject to objective standards in effect when the application was deemed complete.

2.

Review Time Frames.

a.

Applications for a housing development containing one hundred fifty or fewer units shall be reviewed for compliance with applicable objective standards within thirty calendar days of being deemed complete.

b.

Applications for a housing development containing more than one hundred fifty units shall be reviewed for compliance with applicable objective standards within sixty calendar days of being deemed complete.

3.

Compliance Determination.

a.

The city shall identify the specific standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.

b.

A housing development is considered in compliance with Chapter 21.50 (Objective Design Standards for Mixed Use and Multi-Family Developments), and shall not require a zoning map amendment, if the housing development complies with objective general plan standards but the zoning for the housing development site is inconsistent with the general plan.

4.

Limited Hearings/Meetings. If a housing development complies with applicable objective standards, the city shall not conduct more than five public hearings (including continuances), workshops, or similar meetings after the full application is complete in connection with the approval of the housing development consistent with Government Code Section 65905.5. Meetings required by CEQA are exempt from the limit.

F.

Findings and Decision.

1.

Findings.

a.

If the proposed housing development complies with applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, the city may only deny the housing development or conditionally approve the housing development at a lower density if the city makes written findings supported by a preponderance of the evidence in the record that:

i.

The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and

ii.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.

b.

If the housing development includes twenty percent of units affordable to very low- or low-income households, one hundred percent of units affordable to moderate- or middle-income households, an emergency shelter, or farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, the city shall approve the housing development unless the city makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code Section 65589.5(d).

2.

Decision Time Frames. The city shall approve or deny the housing development within the following applicable period:

a.

Ninety days from environmental impact report certification;

b.

Sixty days from environmental impact report certification for an affordable housing development consistent with Government Code Section 65950(a)(3);

c.

Sixty days from adoption of a negative declaration; or

d.

Sixty days from determination of CEQA exemption.

G.

Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (for example, Housing Accountability Act, Government Code Section 65589.5).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.09.090 - Procedures for applications filed under California Government Code Section 65913.4 (SB 35).

A.

Applicability.

1.

This section applies to housing development projects applying for approval under California Government Code Section 65913.4.

2.

This section shall remain in effect for the same period as Senate Bill 35 provisions contained in California Government Code Section 65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this section shall remain in effect only until January 1, 2026, and as of that date is repealed.

3.

The California Environmental Quality Act (CEQA) does not apply to projects eligible under California Government Code Section 65913.4.

B.

Definitions. Terms defined in California Government Code Section 65913.4 shall apply to this section and shall control in the event of a conflict between definitions in this Section and definitions in California Government Code Section 65913.4.

C.

Application Filing.

1.

Preliminary Application Filing. An applicant shall file a notice of intent to submit an application in conformance with this section in the form of a preliminary application consistent with California Government Code Section 65941.1.

a.

Form. A preliminary application shall be filed on a form provided by the city with the required fee. If the city has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

b.

Timeline. Within one hundred eighty calendar days after submitting a preliminary application, an applicant shall submit a full application, provided scoping consultation has concluded consistent with Paragraph 21.09.090(C)2. (Scoping

Consultation).

2.

Scoping Consultation.

a.

Upon receipt of the preliminary application, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The city shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within thirty days of preliminary application submittal. The formal notice shall be consistent with California Government Code Section 65913.4(b).

b.

If, within thirty days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the city shall commence scoping consultation within thirty days of receiving that response.

c.

Scoping consultation shall be conducted consistent with California Government Code Section 65913.4(b). If, after scoping consultation is concluded, a development is not eligible for streamlining in accordance with this section, the city shall provide written documentation as required by California Government Code Section 65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.

3.

Full Application. If the development remains eligible to apply under this section after scoping consultation consistent with California Government Code Section 65913.4(b) has concluded, an applicant may file a full application on a form provided by the city with the required fee.

D.

Completeness Review. The city shall review an application for compliance consistent with Subsection E. below (Compliance Review); there shall be no separate or additional time frame for completeness review. Only the items necessary to determine compliance with the provisions contained in California Government Code Section 65913.4(a) shall be required.

E.

Compliance Review.

1.

Scope of Review. The review authority's scope of review is limited to all of the provisions contained in California Government Code Section 65913.4(a) and the objective standards in effect at the time of preliminary application submittal.

2.

Review Time Frames and Review Authority.

a.

Consistency Review. The zoning administrator shall determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards within the following time frames:

i.

Within sixty calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within ninety calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

b.

Design Review or Public Oversight. Any design review or public oversight (for example, design review committee and/or planning commission review) to determine if the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and applicable objective standards shall occur within the following time frames:

i.

Within ninety calendar days of application submittal for applications that include one hundred fifty or fewer housing units.

ii.

Within one hundred eighty calendar days of application submittal for applications that include one hundred fifty-one or more housing units.

3.

Compliance Determination.

a.

Compliant Application. If the application complies with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the city shall complete any design review or public oversight and any subdivision approval within the time frames listed in this Subsection E. (Compliance Review). Only objective design and subdivision standards may be applied. See Subsection F. below (Decision on Project).

b.

Non-Compliant Application. If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall make the following determination:

i.

If the application does not comply with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, the review authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.

ii.

Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for Senate Bill 35 streamlining, and the city shall review it for compliance with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards subject to the same timelines in this section.

iii.

Project Ineligible. If the project is ineligible for Senate Bill 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.

F.

Decision on Project.

1.

Project Approval and Findings. The review authority shall approve the application if the review authority finds that the proposed development is compliant with all of the provisions contained in California Government Code Section 65913.4(a) and all applicable objective standards, including objective subdivision standards.

2.

Conditions of Approval. The review authority may impose conditions of approval provided those conditions of approval are objective and broadly applicable to development within the city.

G.

Post-Decision Procedures.

1.

Subsequent Permits. Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this section, and that public improvement is located on land owned by the city, the review authority shall process any approvals needed as required by California Government Code Section 65913.4(h)(3).

2.

Post-Approval Amendment.

a.

Post-Approval Amendment Request. An applicant may request an amendment to an approved development if that request is made prior to the issuance of the final building permit.

b.

Applicability of Objective Standards to Project Changes. The review authority shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:

i.

The total number of residential units or total square footage of construction changes by fifteen percent or more; or

ii.

The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid.

c.

Post-Approval Project Change Review Timeframe and Decision. The review authority shall determine if the project change is consistent with objective standards and issue a decision on the applicant's project change request within sixty days after submittal unless design review is required, in which case a decision shall be made within ninety days.

3.

Expiration. An application approved consistent with this section shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where fifty percent of the units are affordable to households making at or below eighty percent of the area median income consistent with California Government Code Section 65913.4(f).

4.

Extension. At the discretion of the review authority, a twelve-month extension may be granted consistent with California Government Code Section 65913.4(f)(3).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Timeframe. Any development application that has been found to be inactive (defined as no written correspondence or plan submittal) for a time period of ninety days or more will be subject to the administrative file close-out program.

1.

Notification will be sent to an applicant on an incomplete application stating that they have fourteen days to notify the planning division in writing as to their intentions to proceed.

2.

Notification will be via certified mail.

B.

Action. If no written response is received in that fourteen-day time frame, the application will be "deemed abandoned" and the file will be closed. If written response is received in the fourteen-day time frame, it will be to the discretion of the zoning administrator to keep the file active.

C.

Refund. Any refund of fees shall be in accordance with the amount of administrative time and costs expended on the individual application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.10 - AMENDMENTS TO THE GENERAL PLAN, ZONING CODE, AND ZONING MAP

A.

Purpose. This chapter provides procedures for the amendment of this zoning code, the official zoning map, and the general plan when there are compelling reasons to do so. More specifically, this chapter addresses:

1.

Amendments to the general plan, to address changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

2.

Amendments to the zoning code and zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the general plan.

B.

Applicability. The procedures in this chapter shall apply to:

1.

All proposals to change the text of the general plan and the maps that illustrate the application of its provisions; and

2.

All proposals to change the text of this zoning code or to revise a zoning district or boundary line shown on the zoning map.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority for all amendments to the general plan, zoning code, and zoning map shall be as described in Table 21.08.070-1 (Review Authority).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in Section 21.09.050 (Eligible Applicants), the director, or by a motion of the city council or planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Filing and Processing.

1.

If initiated by the filing of an amendment application by a qualified applicant as specified in Section 21.10.030 (Initiation of Amendment), above, the application shall be processed in compliance with Chapter 21.9 (Application Processing and Common Procedures).

2.

The application shall include the information and materials specified in the most up-to-date department handout for amendment applications, together with the required fee in compliance with the fee schedule.

3.

For general plan amendments, the department shall send out referrals to all of the affected agencies and city departments for their review and comment in compliance with California Government Code Section 65352 (Referral of plans).

4.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.10.070 (Required Findings), below. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

Timing of General Plan Amendments. The mandatory elements of the general plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of California Government Code Section 65358.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.10.050 - Planning commission hearing and recommendation.

A.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

B.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to Section 21.10.070 (Required Findings) and Section 21.10.080 (General Plan Consistency Required for Zoning Amendments) if applicable, and the relationship of the proposed amendment to other adopted documents.

1.

Approval. If the planning commission has recommended approval of the proposed amendment, the city council is required to take final action pursuant to Section 21.10.060 (City Council Hearing and Action).

2.

Denial. If the planning commission has recommended against the proposed amendment, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for

Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.10.060 - City council hearing and action.

A.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

B.

City Council Action.

1.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed amendment.

2.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356 and 65857. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to this zoning code, the official zoning map, or the general plan may be approved only if all the following findings are first made, as applicable to the type of amendment:

A.

Findings for General Plan Amendments.

1.

The proposed amendment is internally consistent with all other provisions of the general plan;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the

proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B.

Findings for Zoning Code and Zoning Map Amendments.

1.

The proposed amendment is consistent with the general plan and any applicable specific plan;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare;

3.

The proposed amendment is internally consistent with other applicable provisions of this zoning code; and

4.

Specific to zoning map amendments, the affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The planning commission shall not recommend and the city council shall not adopt a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.11 - SPECIAL PLANNED DEVELOPMENTS (SPD)

A.

Purpose. The purpose of the special planned development (SPD) zoning overlay is to provide for innovation and flexibility in the design of residential, mixed-use, commercial, and industrial developments. Approval of a special planned development zoning overlay can allow modification of certain development standards as specified in Section 21.11.050 (Allowed Modifications to Development Standards), discourage/prevent premature subdivision of commercial and industrial land before a master development plan has been approved, and/or provide a conceptual review/approval process for projects that are filed in conjunction with subdivision applications.

B.

Applicability. The special planned development zoning overlay may be used in combination with any base zoning district. The special planned development zoning overlay functions as a negotiated exchange through which the city

can offer flexibility of certain development standards in exchange for specific project amenities (such as recreational facilities, usable open space, special design features).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application. An application for a special planned development shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.11.060 (Required Findings). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 21.09.060 (Initial Application Review).

B.

Review Authority. The city council shall act as the review authority for special planned development applications based on consideration of the requirements of this chapter.

C.

Additional Permit Requirements. Any parcel with a special planned development zoning overlay applied shall also require approval of either:

1.

A development plan (Section 21.16.010) with final site plan, landscape plan, and final architectural elevations and materials; or

2.

A master development plan (Section 21.16.030) with conceptual site plan, landscape concept and design guidelines. Subsequent to approval of a master development plan, a development plan (Section 21.16.010) shall also be required with final site plan, landscape plan, and final architectural elevations and materials.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.11.030 - Planning commission hearing and recommendation.

A.

Planning Commission Hearing. Before submitting a recommendation report to the city council, the planning commission shall conduct at least one public hearing in accordance with Chapter 21.26 (Public Hearings and Notice).

B.

Recommendation to City Council. Following the public hearing, the planning commission shall make a recommendation on the proposed special planned development to the city council. Such recommendation shall include the reasons for the recommendation and findings related to Section 21.11.060 (Required Findings) and Section 21.10.080 (General Plan Consistency Required for Zoning Amendments).

1.

Approval. If the planning commission has recommended approval of the proposed special planned development, the city council shall take final action pursuant to Section 21.11.040 (City Council Hearing and Action).

2.

Denial. If the planning commission has recommended against the proposed special planned development, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.11.040 - City council hearing and action.

A.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the Planning Commission recommendation.

B.

City Council Action.

1.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed special planned development.

2.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65857. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65857 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Allowed Modifications. A special planned development zoning overlay may allow different development standards to be applied than are otherwise required in the base zoning district. A special planned development zoning overlay may be used to:

1.

Provide flexibility in minimum lot sizes, widths, and depths to result in a superior site design (such as to cluster lots to preserve natural resources) and may exceed maximum allowed density if consistent with general plan goals and policies;

Modify setback requirements to result in a superior site design (such as to permit zero lot line development design where appropriate);

3.

Modify the grading and hillside development standards of Chapter 21.47 (Grading and Hillside Development), if it can be demonstrated that such modifications will preserve the integrity of the existing topography and basic land form of the site, meet the intent of preservation of natural resources, and/or conserve/provide for open space;

4.

Modify sign standards of Chapter 21.52 (Signs) including sign area and height, as part of a master sign program;

5.

Modify parking standards of Chapter 21.48 (Parking and Loading Regulations) to allow alternate parking standards including quantity of spaces or alternative surface materials;

6.

Modify the types and intensities/density of land uses within any base zoning district (if in a commercial zoning district and proposing residential uses, coupled with allocation of surplus density units);

7.

In commercial and industrial zoning districts, limit the types and intensities of land uses within any zoning district through requiring a conditional use permit to be obtained before any new use may be established;

8.

Implement general plan policies that apply to specific issues not addressed by the base zoning district regulations;

9.

Establish specific building heights for an individual project where it is determined that allowing the buildings to exceed the height limitations of the zoning code would be appropriate based on due consideration of:

a.

The proportion, scale, and nature of the project;

b.

The visual quality and aesthetics of the project;

c.

The design of the project;

d.

The project's compatibility with the established character of surrounding development;

e.

The project's ability to not create an adverse visual impact or otherwise have a negative effect on public views from nearby roads and other public vantage points; and

f.

The project's risk to fire life-safety when considering building safety features and emergency response capability;

10.

Provide flexibility to modify other public improvements, such as the width and location of parkways and sidewalks when such modifications can be demonstrated to not adversely affect public safety; and

11.

Modify other zoning code standards also allowed to be modified by Section 21.16.020 (Development Plan Modifications).

B.

Prohibited Modifications. Special planned development zoning overlay shall not be used to:

1.

Create lots of less than the minimum size, width, and depth required for lots within the R-1 Zoning District where the finished graded slopes of a lot are ten percent or greater in slope (exclusive of 2:1 or lesser slopes approved for pads, benches, driveways, and usable yard areas); and

2.

Modify safety requirements for public improvements such as engineered street and driveway design or street widths.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city council shall make all of the following findings in order to approve or conditionally approve a special planned development application. The city council shall deny an application for a special planned development if it is unable to make any of the required findings applicable to that project, in which case it shall state the reasons for that determination.

A.

Consistency. The proposed special planned development is consistent with the goals and policies established by the general plan, particularly the purpose of the applicable land use category;

B.

Design or Public Benefit. The proposed special planned development will result in better, more creative, and higher quality architectural and site development design or greater public benefit than would otherwise be allowed under adopted development standards;

C.

Compatibility. The proposed special planned development is compatible with surrounding development;

D.

Sensitive to Topography and Natural Resources. The proposed special planned development is sensitive to the natural topography of the site, minimize alterations to the land, and maintain and enhance significant natural resources, including, but not limited to, oak woodlands, natural drainage ways and open space preservation;

E.

Circulation. The proposed special planned development's vehicular, bikeway, and pedestrian circulation system is designed to be efficient and well-integrated with the overall city circulation system; and

F.

General Welfare. The proposed special planned development does not pose adverse impacts on the public health, safety, and general welfare, nor on neighboring properties in particular.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.11.070 - Special planned developments established.

See Chapter 21.04 (Special Planned Developments Established).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)