G. General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
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H. Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City.
I. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
J. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
1. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued;
2. A certificate of occupancy has been issued;
3. The facility is constructed or modified as approved and in operation; or
4. The build-out period is extended by the review authority which originally approved the permit.
K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays.
M. Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.
N. Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right -of-way or on City-owned public property.
The permit shall require the applicant to comply with, but not be limited to, the followin g requirements:
1. Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only.
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
3. The public right -of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).
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6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
7. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
8. The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards.
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
O. Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations.
P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
Q. Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 ca lendar days from the time of notification by the City or after discovery by the permittee.
R. Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public right- of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right -of-way improvements, or for any other construction, repair or improvement to the public right-of-way.
S. City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall mak e an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements.
T. Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually a gree upon reasonable terms and conditions.
U. Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, Division 4 – Standards For Specific Land Uses Chapter 9.135 Public Review Draft – May 2026
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computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Direct or, or City Engineer as applicable, with a copy of any notice of such violation issued by any Federal agency and shall notify the Director or City Engineer once the facility comes back into compliance with applicable standards.
V. Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Conditional Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use.
W. Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a Certificate of Occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify com pletion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans.
These reports shall be submitted and reviewed by the Director or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter.
9.135.100 Conditions of Approval for Section 6409(a) Modifications A. Required Findings. The Director for private and public property and the City Engineer for facilities in the public right -of-way shall issue a Zoning Clearance for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification: [Source: NEW]
1. Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. §§
1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Director or City Engineer, shall make an express finding for each criterion;
2. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and
3. Will comply with all generally applicable laws.
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B. Effect on Existing Conditional Use Permit. Notwithstanding any other requirement of the Municipal Code, the Director for private and public property and the City Engineer for facilities in the public right-of-way shall be authorized to issue a Zoning Clearance for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing Conditional Use Permit.
C. Conditions of Approval for Section 6409(a) Modifications. Zoning Clearance for Section 6409(a) modifications are subject to the following conditions, unless modified by the Director for private and public property and the City Engineer for facilities in the public right -of-way:
1. No Permit Term Extension. The City’s grant or grant by operation of law of a Zoning Clearance for a Section 6409(a) modification constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station.
The City’s grant or grant by o peration of law of a Zoning Clearance for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.
3. Permit Subject to Conditions of Underlying Permit. Zoning Clearance for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
4. Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules.
5. Inspections – Emergencies. The City or its designee may enter the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
6. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsi ble parties shall be provided to the Director for private and public property and the City Engineer for facilities in the public right-of-way upon permittee’s receipt of the Director’s or City Engineer’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Director or City Engineer, as applicable, upon that person’s verbal request.
7. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee Division 4 – Standards For Specific Land Uses Chapter 9.135 Public Review Draft – May 2026
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or its representative shall provide the Director or City Engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
8. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
a. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A Certificate of Occupancy has been issued; or
c. The facility is constructed or modified as approved and in operation; or d. The build-out period is extended by the city authority which originally approved the permit.
9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
10. Testing. Testing of back -up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.
12. Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right -of-way or on city -owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.
b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. c. The public right -of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).
f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
g. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
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h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.
i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
D. Effect of Repeal of Section 6409(a). This Section shall become null and void if P.L. 112 -96, Section 6409, is rescinded.
9.135.110 Timing of Review
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action. [Source: NEW]
9.135.120 Peer Review
The Director considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent third-party peer review consultant. The cost of the third -party peer review shall be the responsibility of the applicant. [Source: NEW]
9.135.130 Decision
A. The Director shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following: [Source: NEW]
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and
2. Cannot violate State or Federal law.
3. The denial of a application for a Section 6409(a) modification shall be made without prejudice.
B. Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable State and Federal timelines for action.
C. Denial of an Incomplete Application.
1. To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Director when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Director deems the application incomplete in a written notice to the applicant.
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2. The City Engineer or Director, may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120 day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant’s reasonable control.
9.135.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied wit hin a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be a ppealed to the City Council in accordance with Chapter 9.300 (Appeals and Calls for Review). [Source: NEW] B. Removal, Repair, and Restoration. If the permit is revoked in compliance this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility’s installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: NEW]
C. Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed appropriate by the City. [Source: NEW]
9.135.150 Appeal
A. A decision of the Director or Planning Commission on a Conditional Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 9.300 (Appeals and Calls for Review). [Source: NEW]
B. A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 9.300 (Appeals and Calls for Review), subject to the following modifications: [Source: NEW]
1. The time for filing a notice of appeal shall be five calendar days;
2. The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
3. The decision of the City Manager is final upon issuance and not appealable to City Council.
C. Decisions on Zoning Clearance for a Section 6409(a) modification shall be final and may not be appealed. [Source: NEW]
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Title 9 – Planning and Zoning
Division 5 – Subdivision
Regulations
PUBLIC REVIEW DRAFT
MAY 2026
Table of Contents
Chapter 9.140 General Provisions ...................................................................................................... 5-5
9.140.010 Title, Citation, Authority, and Incorporation by Reference ............................................ 5-5
9.140.020 Purpose ......................................................................................................................... 5-5
9.140.030 Applicability .................................................................................................................... 5-5
9.140.040 Parcels Created Prior to July 14, 1971 ......................................................................... 5-6
9.140.050 Maps Required .............................................................................................................. 5-6 Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps ...................................................... 5-9
9.145.010 Purpose ......................................................................................................................... 5-9
9.145.020 Form and Contents ........................................................................................................ 5-9
9.145.030 Determination of Complete Application ......................................................................... 5-9
9.145.040 Referral ........................................................................................................................ 5-10
9.145.050 Review and Action ....................................................................................................... 5-10
9.145.060 Automatic Approval if No Action .................................................................................. 5-10
9.145.070 Required Finding for Tentative Maps .......................................................................... 5-10
9.145.080 Grounds for Denial ...................................................................................................... 5-11
9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps .................................... 5-11
9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps ................. 5-11
9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps ..................................................................................................................................... 5-12 Chapter 9.150 Parcel and Final Maps .............................................................................................. 5-14
9.150.010 Purpose ....................................................................................................................... 5-14
9.150.020 Filing of Maps .............................................................................................................. 5-14
9.150.030 Waiver of Parcel Map .................................................................................................. 5-14 Chapter 9.140 General Provisions
5-2
9.150.040 Final Tract and Parcel Map Filing ................................................................................ 5-15
9.150.050 Final Tract and Parcel Map Review and Approval ...................................................... 5-15
9.150.060 Corrections or Amendments ........................................................................................ 5-16 Chapter 9.155 Certificates of Compliance ........................................................................................ 5-19
9.155.010 Applicability .................................................................................................................. 5-19
9.155.020 Application Requirements ........................................................................................... 5-19
9.155.030 Time Limits for City Review ......................................................................................... 5-19
9.155.040 Certificate of Compliance ............................................................................................ 5-20
9.155.050 Conditional Certificate of Compliance ......................................................................... 5-20
9.155.060 Recordation and Compliance with Conditions ............................................................ 5-20
9.155.070 Effect of Parcel or Final Map ....................................................................................... 5-20 Chapter 9.160 Reversion to Acreage ................................................................................................ 5-22
9.160.010 Purpose ....................................................................................................................... 5-22
9.160.020 Initiation of Proceedings .............................................................................................. 5-22
9.160.030 Data Required for a Reversion to Acreage ................................................................. 5-22
9.160.040 Public Hearing ............................................................................................................. 5-23
9.160.050 Required Findings ....................................................................................................... 5-23
9.160.060 Conditions of Approval ................................................................................................ 5-23
9.160.070 Effective Date .............................................................................................................. 5-23 Chapter 9.165 Merger of Parcels ...................................................................................................... 5-25
9.165.010 Merger of Contiguous Parcels ..................................................................................... 5-25
9.165.020 Required Mergers ........................................................................................................ 5-26
9.165.030 Unmerger of Parcels ................................................................................................... 5-26 Chapter 9.170 Lot Line Adjustments ................................................................................................. 5-28
9.170.010 Applicability .................................................................................................................. 5-28
9.170.020 Permitted Lot Line Adjustments .................................................................................. 5-28
9.170.030 Procedures .................................................................................................................. 5-28
9.170.040 Recording with County Recorder ................................................................................ 5-29 Chapter 9.175 Airspace Subdivisions, Common Interest Subdivisions, and Condominium Conversions ............................................................................................................................ 5-31
9.175.010 Purpose ....................................................................................................................... 5-31
9.175.020 Airspace Subdivisions and Common Interest Subdivisions ........................................ 5-31
9.175.030 Condominium Conversions ......................................................................................... 5-32 Chapter 9.180 Subdivision Design Standards .................................................................................. 5-37
9.180.010 Conformance ............................................................................................................... 5-37
9.180.020 Public Street Design .................................................................................................... 5-37 Division 5 – Subdivision Regulations Chapter 9.140
Public Review Draft – May 2026
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9.180.030 Private Streets ............................................................................................................. 5-38
9.180.040 Street Grades .............................................................................................................. 5-39
9.180.050 Street Alignment .......................................................................................................... 5-39
9.180.060 Alleys ........................................................................................................................... 5-39
9.180.070 Lots .............................................................................................................................. 5-39
9.180.080 Property that Shall Be Included ................................................................................... 5-40
9.180.090 Required Access ......................................................................................................... 5-40
9.180.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities ..................................................................................................................................... 5-41 Chapter 9.185 Dedications and Reservations .................................................................................. 5-43
9.185.010 Dedications .................................................................................................................. 5-43
9.185.020 Acceptance and Rejection of Dedications ................................................................... 5-43
9.185.030 Certificate for Dedications-Reconveyance .................................................................. 5-43
9.185.040 Reservations ................................................................................................................ 5-44
9.185.050 Standards for Reservations ......................................................................................... 5-44
9.185.060 Reservation Procedure ................................................................................................ 5-44 Chapter 9.190 Improvements............................................................................................................ 5-46
9.190.010 Requirements .............................................................................................................. 5-46
9.190.020 Improvement Plans ..................................................................................................... 5-46
9.190.030 Security for Improvements .......................................................................................... 5-46
9.190.040 Lien Agreement as Security ........................................................................................ 5-49 Chapter 9.195 Violations and Enforcement ...................................................................................... 5-54
9.195.010 Generally ..................................................................................................................... 5-54
9.195.020 Illegal Subdivision – Notification of Director Required ................................................ 5-54
9.195.030 Illegal Subdivision -Permit Issuance Prohibited .......................................................... 5-54 Chapter 9.200 Definitions .................................................................................................................. 5-56
9.200.010 Definitions .................................................................................................................... 5-56
Chapter 9.140 General Provisions
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Chapter 9.140
General Provisions
Division 5 – Subdivision Regulations Chapter 9.140
Public Review Draft – May 2026
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Chapter 9.140 General Provisions
Sections
9.140.010 Title, Citation, Authority, and Incorporation by Reference
9.140.020 Purpose
9.140.030 Applicability
9.140.040 Parcels Created Prior to July 14, 1971
9.140.050 Maps Required
9.140.010 Title, Citation, Authority, and Incorporation by Reference This Division 5 (Subdivision Regulations) shall be known and cited as the “Subdivision Regulations of the City of Cathedral City” or the “Subdivision Regulations”. The provisions of this Division are supplemental to the Subdivision Map Act.
9.140.020 Purpose
The purpose of this Division is to regulate the division of land within the City. These provisions implement and supplement the requirements of the Subdivision Map Act concerning the design and improvement of subdivisions and regulating other divisions of land within the City includi ng the form and content of all maps and the procedure to be followed in securing official approval.
The regulations herein are determined to be necessary to protect and preserve public health, safety and general welfare and promote orderly growth and development. It is also the purpose of these regulations to ensure that the design and improvements of subdivisions is consistent with and promotes the goals and policies of the General Plan.
9.140.030 Applicability
No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this Division.
A. Applicability. This Division shall apply to all parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act.
1. Effect of Annexation. Any subdivision subject to annexation to the City shall comply with the Subdivision Map Act and this Division.
B. Subdivision Approval Required. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided for and required by this Division.
C. Conflicts with the Subdivision Map Act. In the event of any conflicts between the provisions of this Division and the Subdivision Map Act, the Subdivision Map Act shall control.
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D. Compliance with Other Policies and Regulations Required. The approval or conditional approval of a subdivision map shall be consistent with the City’s General Plan and any applicable specific plan, the Cathedral City Municipal Code, and any other applicable City policy and regulation.
9.140.040 Parcels Created Prior to July 14, 1971
On July 14, 1971, Riverside County Ordinance 460.14 became effective, which included a new section entitled “Minor Land Division”, requiring County approval of all maps and land divisions of fewer than five parcels. Therefore, pursuant to Section 66412.6(a) of the Subdivision Map Act, any parcel within the City of Cathedral City, created prior to July 14, 1971, which resulted from a division of land in which fewer than five parcels were created, shall be conclusively presumed to have been created lawfully.
9.140.050 Maps Required
A. Tentative Parcel Map and Parcel Maps (Four or fewer parcels). Except as provided in subparagraph 3 below, Tentative Parcel and Parcel Maps shall be required for the following:
1. Subdivisions of four or fewer parcels.
2. Divisions of land into five or more parcels that meet the following criteria and consistent with Government Code Section 66426:
a. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required.
b. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a public street or highway.
c. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths.
d. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
e. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.
3. Exceptions. A Tentative Parcel Map and Parcel Map shall not be required for:
a. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility for rights -of-way, unless the Director determines, based on substantial evide nce, that public policy necessitates a Parcel Map in an individual case;
b. Rail Right-of-Way Leases. Subdivisions of a portion of the operating right -of- way of a railroad corporation as defined by California Public Utilities Code Section 230, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or
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c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 9.150.030 (Waiver of Parcel Map).
B. Tentative Tract Maps and Final Maps (Five or more parcels). Tentative Tract Maps and Final Maps shall be required for subdivisions of five or more parcels that do not meet the criteria for Tentative Parcel Maps and Parcel Maps listed in A above.
1. Whenever a tentative tract map is required be filed, a vesting tentative map may be filed instead in accordance with the provisions of the Subdivision Map act.
Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps
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Chapter 9.145
Tentative Parcel Maps and
Tentative Tract Maps
Division 5 – Subdivision Regulations Chapter 9.145
Public Review Draft – May 2026
5-9
Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps
Sections
9.145.010 Purpose
9.145.020 Form and Contents
9.145.030 Determination of Complete Application
9.145.040 Referral
9.145.050 Review and Action
9.145.060 Automatic Approval if No Action
9.145.070 Required Finding for Tentative Maps
9.145.080 Grounds for Denial
9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps
9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps
9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps
9.145.010 Purpose
This Chapter establishes the application requirements, submittals, review, and required findings for approval and disapproval of Tentative Parcel Maps and Tentative Tract Maps, consistent with the requirements of the Subdivision Map Act.
9.145.020 Form and Contents
Unless exempted by the Director, the Tentative Parcel Map or Tentative Tract Map shall be prepared by, or under the direction of, a licensed land surveyor or a state -registered civil engineer authorized to practice land surveying. The map submittal shall include all necessary information on the applicable application checklists, an d all required submittal information for any related concurrent entitlement reviews.
9.145.030 Determination of Complete Application
The Director shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of the determination in writing. The tentative parcel or tentative tract map application shall be accepted for processing only when the Director determines that:
A. All maps and information required by this division and the Subdivision Map Act have been submitted, checked, and accepted as complete;
B. All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted; and
Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps
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C. The required fees and deposits have been paid.
9.145.040 Referral
Within five days of determining that the tentative parcel or tentative tract map application is deemed complete, the tentative parcel or tentative tract map application shall be referred to affected agencies as required by the Government Code Section 66453, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision or may have information useful to the City about issues raised by the proposed subdivision.
9.145.050 Review and Action
Unless otherwise exempted by another part of this Code or the Government Code, the following review and action requirements apply.
A. Public Notice and Hearing.
1. Tentative Parcel Maps. All applications for tentative parcel maps shall require public notice pursuant to Section 9.210.060 (Public Notice) and hearing before the Planning Director.
2. Tentative Tract Maps. All applications for tentative tract maps shall require public notice pursuant to Section 9.210.060 (Public Notice) and hearing before the Planning Commission.
B. Timing/Action. In accordance with Government Code Section 66452.1, a public hearing on a tentative parcel or tentative tract map shall be scheduled, and action shall be taken, within 50 days after:
1. The tentative parcel or tentative tract map application has been deemed complete; and
2. The 50 day time period shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Sectio n 21000) of the Public Resources Code.
9.145.060 Automatic Approval if No Action
If no action is taken within the specified time limits, the map shall be deemed to be approved if it complies with other applicable provisions of the Subdivision Map Act, this Division, other City ordinances and the General Plan pursuant to Government Code Section 66452.4. The appeal period to the Council shall begin on the date of such certification.
9.145.070 Required Finding for Tentative Maps
A tentative parcel or tentative tract map shall be approved or conditionally approved only if all requirements of this Code and other applicable Federal, State, and local laws, regulations, and policies of the City Council are complied with or can be met by compliance with specified conditions.
In carrying out the provisions of this Division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this Division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
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9.145.080 Grounds for Denial
In accordance with Government Code Section 66474, the review authority shall deny approval of a tentative parcel or tentative map if it makes any of the following findings:
A. That the proposed map is not consistent with the applicable general and specific plans; B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; F. That the design of the subdivision or the type of improvement is likely to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council or Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps A. Decision Final Unless Appealed. The approval of a tentative parcel or tentative tract map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, on the 11th day following the date the decision is rendered by the applicable review authority, an appeal has not been filed pursuant to Chapter 9.300 (Appeals and Calls for Review).
9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps An approved tentative parcel map or tentative tract map shall expire 36 months after such approval unless within that period of time a final map is approved and filed with the County Recorder or the expiration date is extended as provided in Section 66452.6 of the Subdivision Map Act and the following.
A. Time Extensions. Prior to the expiration date, the subdivider may apply in writing for an extension of time.
1. Application. The time extension written request shall be received at least 60 day prior to the expiration date of the tentative parcel map or tentative tract map and shall be accompanied by the required fee.
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2. Decision. The Director may extend the date on which the map expires upon such application not more than two separate times, each time for up to three years each.
9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps
A. Minor Corrections or Amendments.
1. Minor corrections or amendments to approved tentative parcel maps, tentative tract maps, and conditions of approval may be granted by the Director; provided, that all of the following are true:
a. No more than 10 percent increase in the number of lots, units or building sites; and
b. The proposed changes are consistent with the intent and spirit of the original approval, including the conditions of approval; and
c. The proposed changes are consistent with the Development Code, Building Code, the General Plan, and the Subdivision Map Act.
2. Approval of minor corrections or amendments shall not change any expiration dates.
B. Other Corrections and Amendments. Corrections and amendments to tentative parcel maps, tentative tract maps, and conditions of approval which are not deemed by the Director to be minor shall be processed in the same manner as for the original approval.
Division 5 – Subdivision Regulations Chapter 9.150
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Chapter 9.150
Parcel and Final Maps
Chapter 9.150 Parcel and Final Maps
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Chapter 9.150 Parcel and Final Maps
Sections
9.150.010 Purpose
9.150.020 Filing of Maps
9.150.030 Waiver of Parcel Map
9.150.040 Final Tract and Parcel Map Filing
9.150.050 Final Tract and Parcel Map Review and Approval
9.150.060 Corrections or Amendments
9.150.010 Purpose
This Chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or denial, and recordation of final parcel and final tract maps, following approval of a tentative parcel or tentative map.
9.150.020 Filing of Maps
After the approval or conditional approval of a tentative parcel or tentative map and prior to the expiration of the tentative parcel or tentative map, the subdivider may cause the real property included within the tentative parcel or tentative map to be s urveyed and a final map or parcel map prepared in accordance with the approved or conditionally approved tentative parcel or tentative map.
9.150.030 Waiver of Parcel Map
A. Eligibility for Waiver. Except where required by the Subdivision Map Act, no parcel need to be filed or recorded provided that the Planning Commission finds and determines that the proposed division of land complies with all applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of the Subdivision Map Act and any applicable provisions of this Code.
B. Requests for Waiver. Waiver requests shall be in writing on a standard form provided by the Planning Department. The request shall include:
1. A request for waiver, signed and acknowledged by all owners of record of the land comprising the land division;
2. A description of each proposed parcel;
3. The submission of documentation (i.e., preliminary title report) as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed; and
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4. The Director may require the submission of a plat map, showing sufficient ties, dimensions, and bearings to adequately establish the boundaries of the land division and of each proposed parcel. Record information, when available, may be utilized.
C. Eligibility for Waiver. The Planning Commission may waive the requirement that a parcel map be filed if it first finds all of the following:
1. The design of each parcel described in the request for waiver is in substantial compliance with the tentative map, as approved; and
2. The subdivision complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act, this Division, and the Municipal Code.
D. Certificate of Compliance. When a waiver is granted in compliance with this Section, a certificate of compliance, describing each approved parcel, shall be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed, or transferred in full compliance with all applicable provisions of the Subdivision Map Act and this Division.
9.150.040 Final Tract and Parcel Map Filing
The final map submittal shall include all required items on the final map submittal checklist.
A. Parcel and final maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on survey, and shall conform to the approved or conditionally approved tentative map.
1. They shall be prepared in accordance with the Subdivision Map Act and this Division.
2. Provided the requirements of Article 2 (Final Maps) and Article 3 (Parcel Maps) of Chapter 2, Division 2, Title 7 of the Government Code are met, the final map shall be based upon a field survey made in compliance with the Land Surveyor’s Act, or, at the discretion of the City Engineer, may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the map and established the interior parcel or parcel lines.
B. Soils Report. A preliminary soils report, prepared by a civil engineer registered in California, and based upon adequate test borings, shall be required for every subdivision for which a final map is required, except when waived by the building official pursuant to Subdivision Map Act Section 66491.Multiple Parcel of Final Maps Filed from One Tentative Map C. Multiple parcel or final maps relating to an approved tentative map may be filed pursuant to Subdivision Map Act Sections 66463.1 and 66456.1.
9.150.050 Final Tract and Parcel Map Review and Approval A. City Council Review and Approval. The City Council shall approve or deny the tract or parcel map after it receives the map or at its regular meeting after the meeting at which it receives the Chapter 9.150 Parcel and Final Maps
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final map, unless that time limit is extended with the mutual consent of the Director and the subdivider.
B. Criteria for Approval.
1. The City Council shall approve the map if it conforms to all of the requirements of the Subdivision Map Act, all provisions of this Division that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map and all conditions of approval.
a. All required map certificates shall have been executed and signed, and all required taxes and assessments shall have paid or secured per Article 8, Chapter 4, Division 2 of the Government Code (sec 66492 et seq).
2. If the map does not conform, the City Council shall not approve the map. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council, does not materially affect the validity of the map.
C. Map with Dedications. If a dedication or offer of dedication is required on the map, the Council shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.
D. Map with Incomplete Improvements. If required improvements have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into a secured agreement with the City as specified in Government Code Section 66462 as a condition precedent to the approval of the map.
9.150.060 Corrections or Amendments
A. After a parcel or final map is filed with the County Recorder, the recorded map may be modified by a certificate of correction or an amending map in order to:
1. Correct an error in any course or distance shown; or
2. Show any course or distance that was previously omitted; or
3. Correct an error in the description of the real property shown on the map; or
4. Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or
5. Show the proper location or character of any monument which originally was shown at the wrong location or incorrectly as to its character; or
6. Correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and the identification of adjacent record maps. As used in this Section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the parcel or final map.
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B. Form and Content. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of Section 66434 of the Government Code if a final map, or Sections 66445(a) through (d) inclusive and 66445(f) through (i) inclusive if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the corrections.
C. Submittal. The application for an amending map or certificate of correction shall be made to the City Engineer upon payment of any fee or deposit as set by City Council resolution or policy.
D. Filing with County Recorder. Once the amending map or certificate of correction has been certified and approved by the City Engineer , it shall be filed for recordation with the County Recorder without requiring legislative or advisory body approval.
E. Other Modifications. In addition to the amendments authorized by Subsection A of this Section, describing the purpose for amendments and corrections, the recorded parcel or final map may also be modified by a certificate of correction or amending map if:
1. There are changes in circumstances which make any or all of the conditions of the parcel or final map no longer appropriate or necessary; and
2. The modifications do not impose any additional burden on the present fee owners of the property; and
3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
4. The City Engineer finds that the map, as modified, conforms to the provisions of these regulations, the General Plan and the Subdivision Map Act.
F. Public Hearing. Correction or amendment to maps proposed pursuant to Subsection E (Other Modifications) shall be set for public hearing before the legislative body or advisory agency that originally took final action on the project. Public notice of the hearing shall be given in accordance with Section 9.210.060 (Public Notice) . The hearing shall be confined to consideration of and action on the proposed modifications. Approval of the proposed modifications shall not change any expiration dates.
Chapter 9.155 Certificates of Compliance
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Chapter 9.155
Certificates of Compliance
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Chapter 9.155 Certificates of Compliance
Sections
9.155.010 Applicability
9.155.020 Application Requirements
9.155.030 Time Limits for City Review
9.155.040 Certificate of Compliance
9.155.050 Conditional Certificate of Compliance
9.155.060 Recordation and Compliance with Conditions
9.155.070 Effect of Parcel or Final Map
9.155.010 Applicability
A. Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request a certificate of compliance establishing whether the real property complies with the provisions of the subdivision regulations and the Subdivision Map Act.
B. A recorded certificate of compliance establishes for the public record that the subject parcel is recognized as a separate legal parcel. If the parcel was created illegally and does not comply with City subdivision standards or with the Subdivision Map Act, the City may issue a conditional certificate of compliance. In such cases, all conditions of the certificate of compliance imposed pursuant to Section 9.155.050 (Conditional Certificate of Compliance) must be satisfied prior to the City’s issuance of any permit or other grant of approval for development of the affected property.
1. A certificate of compliance does not ensure that a parcel is developable. Nor does the issuance of a certificate automatically entitle the parcel owner to issuance of a building permit or other development permits and approvals without applications for and compliance with City requirements for those permits and approvals.
9.155.020 Application Requirements
Each separate parcel for which a certificate of compliance is requested shall require a separate application. The application form provided by the City shall be submitted with the required fee, a preliminary title report not more than six months old, a chain of title, and any maps or other supporting documents deemed necessary by the City to clarify when and how the parcel was created.
9.155.030 Time Limits for City Review
Within 50 days of acceptance of a complete application, the Director shall determine whether a certificate of compliance or a conditional certificate of compliance should be recorded.
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9.155.040 Certificate of Compliance
A. If the City Engineer determines that the parcel complies with the provisions of the Subdivision Map Act and this Division, the City Engineer shall file a certificate of compliance for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this Division.
B. No Public Notice or Hearing. Public notice and public hearings are not required for certificates of compliance.
9.155.050 Conditional Certificate of Compliance
A. If the Director determines that the subject property was not created or subdivided in compliance with the Subdivision Map Act or the Municipal Code , the Director may impose conditions currently applicable to subdivisions if the current owner was the owner at the time of the illegal subdivision. If the current owner is not the same as the owner of record at the time of the illegal subdivision, the Director may impose conditions to bring the lot or parcel into compliance with the City’s standards that were in effect at the time of the current owner’s acquisition of the property.
1. Appeal. The conditions imposed may be appealed pursuant to Chapter 9.300 (Appeals and Calls for Review).
9.155.060 Recordation and Compliance with Conditions
Upon payment by the applicant of the appropriate recording fee, and following the expiration of the appeal period pursuant to Chapter 9.300 (Appeals and Calls for Review) or the City Council’s action on appeal, the Director shall cause a conditional certificate of compliance to be filed with the County Recorder. The certificate shall identify the property and serve as public notice that fulfillment and implementation of the conditions shall be accomplished before any subsequent issuance of a permit or other approval for development of the property. Compli ance with the conditions shall not be required until a permit or other grant of approval for development is issued. The property owner shall notify the Director when all conditions have been met. If compliance with conditions is satisfactory, the Director shall cause a certificate of compliance to be filed with the County Recorder.
9.155.070 Effect of Parcel or Final Map
Recordation of a final parcel or final map shall constitute a certificate of compliance for all parcels described therein.
Division 5 – Subdivision Regulations Chapter 9.160
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Chapter 9.160
Reversion to Acreage
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Chapter 9.160 Reversion to Acreage
Sections
9.160.010 Purpose
9.160.020 Initiation of Proceedings
9.160.030 Data Required for a Reversion to Acreage
9.160.040 Public Hearing
9.160.050 Required Findings
9.160.060 Conditions of Approval
9.160.070 Effective Date
9.160.010 Purpose
The purpose of this Chapter is to establish procedures and standards, consistent with the requirements of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.
9.160.020 Initiation of Proceedings
Proceedings for reversions to acreage map may be initiated by either of the following:
A. By Owner. Submittal of a petition of all the owners of record in the form prescribed by and containing the information required by this Chapter and the Subdivision Map Act.
B. By City Council. Passage of a resolution of the City Council at the request of any person or on its own motion.
9.160.030 Data Required for a Reversion to Acreage
The following data shall be provided:
A. Adequate evidence of title to the real property within the subdivision and one or more of the following:
1. Evidence of the consent of all the owners of any interest in the property; or
2. Evidence that none of the improvements required to be made have been made within two years from the date the parcel or final map was recorded, or within the time allowed by the improvement agreement, whichever is later; or
3. Evidence that no lots shown on the parcel or final map have been sold within five years from the date the map was recorded.
B. A parcel or final map shall be provided with the petition, prepared in accordance with this title, which delineates the dedications which are not proposed to be vacated, as well as any dedications which are required as a condition of the proposed reversion to acreage.
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9.160.040 Public Hearing
A public hearing shall be held on the proposed reversion to acreage. Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section 9.210.060 (Public Notice).
9.160.050 Required Findings
Subdivided real property may be reverted to acreage and a final map approved for recordation only if the City Council finds that:
A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and B. Either:
1. All owners of an interest in the real property within the subdivision have consented to reversion; or
2. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
3. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.
9.160.060 Conditions of Approval
As conditions of reversion, the following shall be required:
A. Dedications or offers of dedication necessary for the purposes specified by City ordinance following reversion.
B. Retention of all previously paid fees if necessary to accomplish the purposes of this Division adopted pursuant thereto.
C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this Division adopted pursuant thereto.
9.160.070 Effective Date
Reversion shall be effective upon the final map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.
Chapter 9.165 Merger of Parcels
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Chapter 9.165
Merger of Parcels
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Chapter 9.165 Merger of Parcels
Sections
9.165.010 Merger of Contiguous Parcels
9.165.020 Required Mergers
9.165.030 Unmerger of Parcels
9.165.010 Merger of Contiguous Parcels
A. Contiguous parcels under common ownership may be merged without reverting to acreage, provided that the merger is approved by the Planning Department and an instrument evidencing such merger is recorded with the County Recorder.
B. Applications to merge contiguous parcels shall be made to the Planning Department on forms provided by the Planning Department, and shall be accompanied by any fee pertaining thereto, and the following:
1. An exhibit, drawn to scale, delineating the existing parcel boundaries and the location of existing structures and easements.
2. Copies of grant deeds for the existing parcels.
3. An exhibit, drawn to scale, delineating the boundaries of the parcel after the merger.
4. A legal description of the new parcel as merged.
5. Preliminary title report.
6. Written consent of all owners of record of interest.
C. The Planning Department shall transmit a completed application to the Engineering Department for review and recommendation and shall grant approval of the request for merger if:
1. The parcels to be merged are, at the time of merger, under common ownership and written consent has been obtained from all records owners.
2. The parcel as merged will be consistent with the zoning of the property.
3. The parcel as merged will not conflict with the location of any existing structures on the property.
4. The parcel as merged will not be deprived access as a result of the merger.
5. Access to the adjoining parcels will not be restricted by the merger.
6. Any existing right-of-way(s) shall not be altered. Any alterations shall be accomplished through a separate vacation process.
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D. The Planning Department shall submit to the County Recorder for recordation the new legal description and exhibit within 20 days after it has been approved by the Planning Department.
9.165.020 Required Mergers
Pursuant to Section 66451.11 of the Subdivision Map Act, the City may provide for the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel or lot size established by the Development Code if all the requirements of the Map Act are satisfied.
9.165.030 Unmerger of Parcels
A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Director determines that the parcels meet the standards specified in Section 66451.30, the City shall issue the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.
Division 5 – Subdivision Regulations Chapter 9.170
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Chapter 9.170
Lot Line Adjustments
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Chapter 9.170 Lot Line Adjustments
Sections
9.170.010 Applicability
9.170.020 Permitted Lot Line Adjustments
9.170.030 Procedures
9.170.040 Recording with County Recorder
9.170.010 Applicability
A Lot Line Adjustment procedure is for the purpose of changing the boundary or boundaries between four or fewer existing adjoining parcels as provided for in Section 66412(g) of the Subdivision Map Act.
9.170.020 Permitted Lot Line Adjustments
A lot line adjustment is permitted, provided that all of the following conditions are met:
A. The adjustment is between four or fewer parcels;
B. No additional parcels are created;
C. The resulting parcels comply with the provisions of the Subdivision Map Act, the General Plan, any applicable specific plan, and the Development Code, including lot dimensions and area; D. The resulting parcels do not interfere with existing utilities, infrastructure or easements; E. Real property taxes have been paid; and
F. The City Engineer approve the adjustment.
9.170.030 Procedures
A. Application Form and Filing. An application for a lot line adjustment shall be made to the Engineering Department. If required by Section 8762 of the Business and Professions Code, a record of survey shall be submitted. The applicant shall submit all information necessary to determine parcels included in the lot line adjustment are legal parcels pursuant to the Subdivision Map Act.
B. Review of Information. Within 30 days of the receipt of the application, the City Engineer will determine if the application is deemed complete or whether additional information is necessary to determine whether the proposed adjustments meet the requirements of this Chapter.
C. Action by Director. Within 30 days of the receipt of a complete application, the City Engineer shall approve, conditionally approve, or deny the application for a lot line adjustment and shall notify the owner of the determination.
D. Required Findings. The Director shall approve a lot line adjustment application if, on the basis of the application, plans, and materials, the Director finds the adjustment conforms to Section
9.170.020 (Permitted Lot Line Adjustments), and:
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1. That the proposed lot line adjustment is in conformance with the base zoning district and any overlay zoning districts or specific plans that apply to the site;
2. That said lot line adjustment is consistent with the General Plan; and
3. That the lot line adjustment is exempt from the subdivision requirements of the Subdivision Map Act.
E. Limitations on Conditions. The Director shall not impose any conditions on the approval of a lot line adjustment except to comply with the requirements of this Division on permitted lot line adjustments. Any improvements that are required to be installed or constructed shall be installed or constructed pursuant to the requirements of this Division.
9.170.040 Recording with County Recorder
A Lot Line Adjustment shall not be effective until a deed signed by the record owners has been recorded with the County Recorder . The applicant shall submit deeds to the City Engineer for review and approval before recordation of the grant deed.
Chapter 9.175 Airspace Subdivisions, Common Interest Subdivisions, and Condominium Conversions
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Chapter 9.175
Airspace Subdivisions,
Common Interest
Subdivisions, and
Condominium Conversions
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Chapter 9.175 Airspace Subdivisions, Common Interest
Subdivisions, and Condominium
Conversions
Sections
9.175.010 Purpose
9.175.020 Airspace Subdivisions and Common Interest Subdivisions
9.175.030 Condominium Conversions
9.175.010 Purpose
The purpose of this Chapter is to prescribe subdivision regulations that apply to airspace subdivisions, common interest subdivisions, and condominium conversions.
9.175.020 Airspace Subdivisions and Common Interest Subdivisions A. Applicability and Intent. This Section explains the review process and standards that apply to subdivision types that differ from the minimum lot area and dimensions in this Code. This Section covers projects that propose ownership boundaries or separate unit ownership within buildings or on parcels where property development standards such as lot coverage and density are determined by using the exterior boundaries of the property and where standards apply to the project as a whole instead of requiring conformance with all property development standards on each of the proposed parcels/units in the subdivision. These types of subdivisions can rely on shared ownerships as is the case with subdivisions with common interests (i.e., condominiums) or may also rely solely or in part with easements for common areas such as recreation facilities, open space, parking, driveways, etc. (i.e., flexible lot subdivisions, and airspace subdivisions).
B. Application and Review Requirements. Subdivisions subject to this Section shall be consistent with development projects which have already received development review approval or shall be processed concurrently with a separate development review application.
Tentative parcel map or tentative tract map application requirements are determined based on the number of lots or units and criteria of Section 9.140.050 (Maps Required).
C. Property Development Standards. Property development standards, including (but not limited to) density, setbacks, floor area ratios, and lot coverage limitations, shall apply with respect to the exterior boundary lines of the proposed subdivision and not to individual units or lots with in the project. Interior setback standards for each newly created lot within the subdivision are dictated by minimum separation requirements of the building and fire codes and standard minimum setbacks of the Development Code are required at the exterior boundaries of the project.
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1. Lot Dimensions. Subdivisions subject to this Section may be any size or shape and shall not be subject to the minimum lot sizes, lot dimensions, and lot area requirements as described in the Development Code.
2. Access and Driveways. Driveway and pedestrian access shall be provided by direct access to the public right -of-way or may be served by an easement or be within a separate lot that is commonly owned and managed by an association or agreement, subject to the approval of the City Engineer.
3. Easements. Subdivisions subject to this Section shall provide for use easements or a commonly owned separate lot for any facilities such as driveways or open space and must provide for a method of common area maintenance by means of association or agreement.
D. Separate Conveyance. Separate conveyance of the lots resulting from an airspace or common interest subdivision is permitted. If dwellings or other structures on different lots are adjacent or attached to each other, the subdivision boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the lots share a driveway, appropriate covenants, easemen ts or similar documentation allocating legal and financial rights and responsibilities between the owners of the lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the City will approve a final map for the common interest subdivision. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from a common interest subdivision, all owners of the lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code.
1. Except as provided in State law, accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.
9.175.030 Condominium Conversions
Condominium conversions include converting existing rental units, which are leased by the occupants, into condominium units, which may be owned by the occupants, through the application of a tentative map. Condominium conversions are not required to comply with existing setback and density standards if the development met all zoning and building standards in effect at the time of its construction.
A. Purpose and Intent. The purpose of this Section is to establish standards and special conditions for the protection of renters of converted residential apartment structures into condominiums. All residential condominium conversions shall conform to the provisions of this Section in addition to any and all requirements for preparation, review and approval of a tentative map application.
B. Application. The tentative map application for a condominium conversion shall be accompanied by the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and contracts for the maintenance, management or operation of any part of the condominium conversion project, which would be applied on behalf of any and all owners Division 5 – Subdivision Regulations Chapter 9.175
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of the condominium units within the project. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping; an estimate of initi al fees anticipated for such maintenance; and an indication of responsibilities for maintenance of a ll utility lines and services for each unit. The covenants, conditions and restrictions document shall include a reference to an attached, updated property condition report.
C. Qualifying Requirements. The following must be met in order to qualify for a condominium conversion.
1. Building Conditions. The structural, electrical, fire and life safety systems of the applicable structures either are or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the chief building official and fire chief.
2. Utilities and Devices. The applicable residential and/or common structures presently have, or are intended to have, plumbing in sound condition, insulation of all water heaters, and, where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, smoke and fire detectors, and such other requirements as may be imposed as a condition of approval.
3. Access and Driveways. Driveway and pedestrian access shall be provided by direct access to the public right -of-way or may be served by an easement or be within a separate lot that is commonly owned and managed by an association or agreement, subject to the approval of the City Engineer.
4. Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas and facilities, if defective, shall be refurbished and restored to a safe and usable condition. All deficiencies shall be corrected prior to recordation of a final map.
5. Tenant Protections. A person renting a unit within a property that includes a proposed condominium conversion shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits.
6. Noticing. Tenants and prospective tenants have been given a tenant’s notice of intent to convert pursuant to the provisions of Subdivision Map Act 60 days prior to filing the application. Such notice shall be given by the applicant and shall contain information as to tenant’s rights under state and local regulations.
7. Subdivision Map Act. The applicant has complied with all applicable provisions of the Subdivision Map Act, including but not limited to Government Code Sections 66427.1 and 66452.18.
D. Processing.
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1. Except as required otherwise by this Chapter, the Subdivision Map Act or other applicable law, the tentative tract map or tentative parcel map and final map or final parcel map for a condominium conversion shall be reviewed and processed under this Division, whichever is applicable.
2. No final map or final parcel map for a condominium conversion shall be approved unless all the following findings are made:
a. Each existing tenant has received notification of intent to convert, in compliance with Section 66452.18 of the Subdivision Map Act, at least 60 days before the filing of the tentative tract map or tentative parcel map. b. Each existing tenant and each person applying for rental of a unit in the project has, or will have, received all applicable notices and rights required by this Title and the Subdivision Map Act.
c. Each tenant has, or will have, received 10 days written notice that an application for a public report will be, or has been, submitted to the California Department of Real Estate and that such report will be available on request. d. Each tenant of the proposed condominium conversion has been, or will be, given written notification within ten days of approval of a final map or a final parcel map.
e. Each tenant of the proposed condominium conversion has been, or will be, given at least 180 days written notice of intention to convert before tenancy is terminated due to the conversion or proposed conversion. f. Each tenant of the proposed condominium conversion has been, or will be, given notice of an exclusive right to contract for the purchase of such tenant's unit on the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant pursuant to Section 66452.20 of the Subdivision Map Act.
E. Other Provisions. In addition to the requirements of this Chapter, all otherwise applicable provisions of this Development Code, the Subdivision Map Act and other laws and regulations shall apply to the proposed condominium conversion. This Chapter shall not diminish, limit, or expand, other than as provided herein, the authority of the City to approve, disapprove or regulate condominium conversions or condominium projects.
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Chapter 9.190
Urban Lot Splits
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Chapter 9.180
Subdivision Design Standards
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Chapter 9.180 Subdivision Design Standards
Sections
9.180.010 Conformance
9.180.020 Public Street Design
9.180.030 Private Streets
9.180.040 Street Grades
9.180.050 Street Alignment
9.180.060 Alleys
9.180.070 Lots
9.180.080 Property that Shall Be Included
9.180.090 Required Access
9.180.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities
9.180.010 Conformance
A. All land divisions shall be consistent with the General Plan, with all applicable specific plans, with the requirements of the Development Code and other ordinances, and with the requirements of this Division except as hereinafter provided.
B. The requirements set forth within this Division are minimum requirements, and the City may impose greater requirements if so justified.
C. Exceptions from the requirements of this Division relating to the design or improvement of land divisions shall be granted by the decision making body only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be det rimental to the public health, safety or welfare or be damaging to other property in the vicinity.
D. Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.
E. All land divisions shall be subject to all conditions necessary and convenient to assure that the land division satisfies the above requirements.
9.180.020 Public Street Design
A. The street system in the proposed land division shall be in compliance with roadway classifications in the General Plan and shall relate, in general, to the existing streets in the area adjoining the proposed land division. The City may restrict access points onto public streets.
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B. The proposed street plan shall give consideration to the future development of adjoining undeveloped property.
C. All streets shall be designed to serve the proposed use of the abutting land.
D. When improvements are required, part -width boundary streets in a land division adjacent to undivided land shall have a minimum right -of-way width of 40 feet. The land developer shall provide the prescribed half -width, and the additional dedications shall b e acquired from the adjacent undeveloped property.
E. When no improvements are required, part-width boundary streets shall have a minimum right- of-way width of 30 feet.
F. Additional right -of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures, and other facilities related to land division improvements.
G. Design of streets shall make provisions for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.
H. In order to assure adequate evacuation times, whenever lots of a proposed land division are located more than 1,320 feet from a publicly maintained circulatory road, alternate or secondary access shall be provided. This distance is reduced to 660 feet in a reas designated by the Fire Chief as a high fire hazard.
I. When alternate access is required and the alternate access is off-site, or when any other public improvement is required or proposed off -site, the subdivider shall do each of the following as part of the tentative map review.
1. Show all proposed centerline, approximate gradients and radii on the tentative map in addition to other factors such as street widths, pavement surface, etc. for the off -site improvement/alignment; and,
2. Provide written assurance(s) from the owner(s) of the property underlying the off - site improvement/alignment that sufficient right -of way to construct will be provided. A formal agreement or offer of dedication is not necessary to satisfy this requirement, but the owner's willingness to cooperate must be communicated in a form acceptable to the Engineering Department.
J. Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets. Dead -end streets shall be so designed that access to abutting property shall be physically possible.
K. On land divisions where street improvements are not required, the centerline alignment of the street right -of-way shall be so located that future improvements will be feasible and in accordance with City standards and ordinances.
9.180.030 Private Streets
A. Private streets may be considered when it is determined that their construction and continued maintenance are assured by means of a nonprofit corporation or unincorporated association, that the welfare of the occupants of the development will be adequately served and that they will not be detrimental to the public health, safety and general welfare.
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B. When a special design for a cul -de-sac, length of a street terminating in a cul -de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this Division or in the improvement standards adopted by the City, the design shall be submitted to the City Engineer for approval.
C. Concrete rolled or wedge curbs in conformance with adopted City standards may be permitted in place of standard curbs on dedicated and non -dedicated streets upon the determination of the City Engineer.
D. Sidewalks shall be required to be constructed in conjunction with dedicated or non - dedicated private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in acco rdance with the improvement standards adopted by the City unless otherwise approved by the City Engineer.
E. Improvement plans, agreements and bonds shall be required for all dedicated and non - dedicated private streets in accordance with the applicable provisions of this Division.
9.180.040 Street Grades
A. Grades for local streets may not exceed 16% unless approved by both the City Engineer and Fire Chief.
B. Street grades of less than 0.50% may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum grade lines as a means of generat ing embankment materials for on-site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.
9.180.050 Street Alignment
Curves of streets with right -of-way width of 60 feet or less shall have a minimum centerline radius of 300 feet in comparatively level locations and shall have a minimum centerline radius of 150 feet in comparatively steep hillside locations.
9.180.060 Alleys
A. Improved alleys not less than 20 feet in width may be approved at the rear of all lots.
B. Alley intersections shall have minimum corner cutbacks of 10 feet or shall provide unobstructed sight distance as approved by the City Engineer.
C. Dead-end alleys shall provide an adequate turnaround. If used by fire apparatus, the dead-end shall have a turn-around conforming to the City Fire Code.
D. Part-width alleys shall not be permitted.
9.180.070 Lots
A. Lot size and lot frontage shall not be less than the minimum required by the zoning classification applicable to the subject property, and shall be consistent with the General Plan, any applicable specific plan, and the Development Code.
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B. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.
C. Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.
D. Lots less than 2 acres in gross area shall not have double street frontage except that in hillside areas where the topography requires, lots may abut two or more streets provided that the frontage and vehicular access is from only one such street.
E. No lot shall be divided by a city, county, school district or other taxing agency boundary line.
9.180.080 Property that Shall Be Included
A. Any contiguous property that is owned by the subdivider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division if the remaining parcels are less than 40 acres in size.
B. Any contiguous property that is owned by the subdivider, but not included within the boundaries of the land division, shall be of such size and shape as to conform to the provisions of the Development Code, General Plan, or any applicable specific plan; otherwise it shall be included within the boundaries of the land division.
9.180.090 Required Access
A. No land division map shall be recorded unless public access is provided from each parcel of the land division to a city, county, state or federal road that is or will be maintained for public use. Public access to a road maintained by a property owner's as sociation may be allowed if the City determines that there is no other feasible means of access, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated without the consent of the association.
B. The requirement for public access may be waived under the following circumstances.
1. If a parcel map creates 4 or less parcels and public access over intervening lands cannot be offered for dedications, an appurtenant private easement for ingress, egress, roadway, and public utility purposes may be approved, provided:
a. The land to be divided is not zoned for commercial, industrial, or multiple - residential use;
b. No parcel under one acre in size is created unless only two additional parcels are being created;
c. If no improvements are required, the private easement is not less than 20 feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required. d. The access easement owned by the subdivider is not an exclusive easement or specifically written to prohibit further division of the land.
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2. If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedications, a private road easement may be approved provided said easement grants the new lots unrestricted access rights to the existing private streets.
C. Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter section.
9.180.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities
In order to provide for future passive or natural heating and/or cooling opportunities in a subdivision, the following considerations shall be taken into account: subdivision lot design, size, configuration of structure, orientation in an east -west direction, local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.
These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.
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Chapter 9.185
Dedications and Reservations
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Chapter 9.185 Dedications and Reservations
Sections
9.185.010 Dedications
9.185.020 Acceptance and Rejection of Dedications
9.185.030 Certificate for Dedications-Reconveyance
9.185.040 Reservations
9.185.050 Standards for Reservations
9.185.060 Reservation Procedure
9.185.010 Dedications
As a condition of approval of a tentative tract map or tentative parcel map, the City may require dedication or irrevocable offer of dedication of real property within a subdivision for public use. For purposes of this Chapter, dedications include, but are not limited to, streets, bikeways, parks, landscaping, recreation facilities, school sites, alleys, including waiver of access rights and abutter's rights, drainage, public utility easements, and other public easements.
The City may also require the design of a subdivision for which a tentative tract map or tentative parcel map is required to provide one or more cable television systems, duly franchised by the City, an opportunity to construct, install, and maintain on land identified on the map as dedicated or to be dedicated to public utility use any equipment necessary to extend cable television service to each residential parcel in the subdivision.
9.185.020 Acceptance and Rejection of Dedications
When the City Council approves a final map or final parcel map, it shall also accept, accept subject to improvement or reject any offers of dedication. The City Clerk shall certify or state on the final map or final parcel map the action of the City Council. Acceptance of offers of dedication on a final map or final parcel map shall not be effective until the final map or final parcel map is recorded with the County Recorder.
9.185.030 Certificate for Dedications-Reconveyance
A. The City shall record a certificate with the County Recorder for all property which has been dedicated in fee for public purposes other than for open space, park, or schools. This certificate shall be attached to the final map or final parcel map and shall include:
1. Name and address of subdivider dedicating the property.
2. Legal description of the dedicated property.
3. A statement that the City shall reconvey the property to the subdivider if the City Council determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utiliti es.
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B. The subdivider may request the City to determine whether the same public purpose for which dedication was required still exists. The City may charge the subdivider a fee in the amount reasonably required to make such determination and in compliance with the fee schedule.
C. If the City Council determines that the same purpose for which a dedication was required does not exist, the City shall reconvey the property to the subdivider or successor in interest, except any portion of the property required for that same public purpose or for public utilities.
9.185.040 Reservations
As a condition of approval of a tentative tract map or tentative parcel map, the City may require, to the extent permitted by law, that areas of real property within a subdivision be reserved for public use. For purposes of this Chapter, such reservations include, but are not limited to, sites appropria te for recreational facilities, fire stations, libraries, and other public uses.
9.185.050 Standards for Reservations
Reservations required in connection with subdivisions shall be subject to the following conditions:
A. The required reservation(s) shall be based on and in accordance with policies and standards for such public uses contained in the adopted General Plan or any adopted specific plan.
B. The ordinance has been in effect for a period of at least 30 days before the filing of the tentative map.
C. The reserved area(s) shall be of such size and shape as to permit the balance of the property within which the reservation(s) are located to develop in an orderly and efficient manner.
D. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible.
E. Each reserved area shall conform to the adopted General Plan or any adopted specific plan and shall be in such multiples of streets and parcels as to allow an efficient division of the reserved area in the event the City or other public agency does not acq uire it within the time allowed by this Chapter.
9.185.060 Reservation Procedure
A. The public agency for whose benefit an area has been reserved shall, at the time of final map or final parcel map approval, enter into a binding agreement to acquire such reserved area within 24-months after the completion and acceptance of all improvements. Such period of time may be extended by mutual agreement.
B. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative tract map or tentative parcel map, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs on any loan covering the reserved area.
C. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in Subsection A of this Section, the reservation shall automatically terminate.
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Chapter 9.190
Improvements
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Chapter 9.190 Improvements
Sections
9.185.010 Dedications
9.185.020 Acceptance and Rejection of Dedications
9.185.030 Certificate for Dedications-Reconveyance
9.185.040 Reservations
9.185.050 Standards for Reservations
9.185.060 Reservation Procedure
9.190.010 Requirements
A. General Requirements. The subdivider shall install improvements in accord with the general requirements set forth in this Chapter; provided, however, the City Engineer may require changes in typical sections and details if unusual conditions arise to warrant such changes.
B. Standard Specifications. All improvements shall conform to the requirements contained in the City’s standard plans and specifications.
9.190.020 Improvement Plans
A. All improvements constructed or installed in public or private dedications shall be in accordance with detailed plans and specifications as approved by the City Engineer prior to commencement of said improvement work.
B. Plans for water and sewer improvements shall be signed by a registered civil engineer, and approved by the water and sewer purveyors. The City Fire Chief shall also sign the water plans when conditions include fire protection.
C. Contractors shall secure an encroachment permit for all work done within the City right- of-way prior to commencing said work.
D. Improvements proposed or required on State Highway right -of-way shall require Caltrans approval.
9.190.030 Security for Improvements
A. If the improvements are not completed prior to approval of the final map or parcel map, the subdivider shall enter into a secured agreement with the City to complete the improvements and in connection therewith shall furnish to the City improvement security in the amounts required by Subsection D of this Section. Acceptable forms of security shall be limited to the following:
1. A bond or bonds by one or more duly authorized corporate sureties;
2. A deposit with the City of cash;
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3. An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit until released by the City.
4. An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the City Engineer, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss.
B. The agreement and the improvement security shall be executed only on forms and terms approved by the City Council, which shall be checked by the City Attorney and City Manager.
The City Manager shall be authorized to execute on behalf of the City if so del egated by the City Council at the time of final map approval. If corporate security bonds are to be used, they shall be substantially in the form provided for in the Subdivision Map Act.
C. The original period of the agreement and security shall not exceed 24 months. If a written request for an extension of time is filed with the City Clerk prior to the expiration of the original period or any granted extension, the City Council may grant extensions for additional two-year periods. Such extensions may be granted only at the request of the landowner and after a showing that, if construction of improvements has commenced, reasonable progress is being made toward completion of the required improv ement or, if construction has not commenced, the additional security has been furnished to cover the increased cost of construction of said improvements. In addition to the above requirements, and as a further condition to granting an extension of time, th e City Council may require additional agreements or security to be furnished, as are necessary to guarantee the completion of the improvements. In addition, regardless of whether timely extension requests are filed with the City Clerk, the City Council or the City Manager, as applicable, may grant requests for and enter into subdivision improvement agreement extensions for such periods as may be in the public interest, upon a showing by the landowner of good cause. The City Council or the City Manager, as applicable, shall have the discretion to determine if good cause for granting an extension has been shown, and shall require additional agreements and security to be furnished as condition precedent to the granting of such extensions.
D. Security to guarantee the performance of any act or agreement shall be in the following amounts:
1. 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;
2. 50 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors, and the persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;
3. 10 percent of the total estimated cost of the improvement or the performance of the required act for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the Chapter 9.190 Improvements
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security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing the obligation, all to be taxed as costs and in cluded in any judgment.
E. The security may be released, in whole or in part, in the following manner:
1. Security given for faithful performance or any act or agreement shall be released upon the performance of the act and final completion and acceptance of the required work.
Once one third of the bonded work has been completed, a request for a partial reduction of securities for faithful performance may be submitted. The request shall be made in writing to the City Engineer, and a fully detailed description and cost estimate of the bonded work completed shall be provided with the request. A maximum of three reductions of the security for faithful performance may be granted by written order of the City Engineer upon a determination by the City Engineer that sufficient work has been completed and that the amount of security remaining is sufficient to guarantee completion of the remaining improvements . Requests for partial re ductions, setting forth in detail the amount of work completed, shall be made in writing to the City Engineer.
2. Security securing the payment to the contractor, the subcontractors, and the persons furnishing labor, materials or equipment may, after of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing t o the City Council, and if no such claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the City Engineer who may, prior to the release of any security under this paragraph, require the subdivider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the land division.
3. The release of such security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney fees.
F. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency.
G. The liability upon the security given for the faithful performance of any act or agreement shall be limited to:
1. The performance of the work, covered by the agreement between the subdivider and the City for the performance of the required act.
2. The performance of any changes or alterations in such work, provided that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.
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3. The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act.
4. Costs and reasonable expenses and fees, including reasonable attorneys' fees.
H. If the estimated cost of completing the street/drainage improvements, water system improvements, or sewer system improvements is less than $10,000, a cash bond shall be required for that specific improvement.
I. All securities guaranteeing the placement of survey monuments, lot corners and centerline ties, shall be cash bonds, in the full amount of the estimated cost of providing such monuments.
J. The City Engineer is authorized to release or reduce the security in accordance with the provisions of this section.
9.190.040 Lien Agreement as Security
A. The subdivider may, in lieu of posting a security described in Section 9.190.030 (Security for Improvements), enter into an agreement with the City to construct the required improvements in the future, securing such performance by granting the City a lien on the real property to be divided. Such agreements shall be known as ‘lien agreements ’. The use of lien agreements shall only be allowed if all requirements of this Section are satisfied and all applicable fees are paid.
B. The Subdivision Map Act Section 66499(a)(4) authorizes the City to enter into lien agreements if it is found by the City that it would not be in the public interest to require the installation of the required improvements sooner than two years after the recordation of the map. Where the City makes such a finding, the subdivider, with the permission of the City, may execute a lien agreement with the City at the time the subdivider enters into an agreement with the City to construct the improvements required as conditions of approval by the Planning Commission or City Council on a tentative map.
C. A lien agreement may be used to substitute an existing security at the City's sole discretion.
The City will not accept a lien agreement from any subdivider, either at the time of execution of the agreement to construct improvements, or as a substitute for existing security, if any individual lots have been sold, if any construction permits, including but not limited to any grading or building permits, have b een issued on any of the property, or if construction of any of the required improvements has begun. Notwithstanding the above, the City may accept a lien agreement from any subdivider as a substitute for existing security if grading has commenced on the land to be divided so long as the grading is in strict accordance with a valid grading permit and all the following are met:
1. There is no need for the City to construct the required improvements if the subdivider's project is abandoned or delayed for any period of time or for any other reason;
2. The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private;
3. The grading has not caused the modification or closure of any public access points, existing streets or highways, public or private;
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4. Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road right-of-way due to the grading;
5. Delay of the construction of the subdivider's required improvements do not affect or delay the improvements of an adjacent subdivider who has already commenced work on his or her required improvements.
D. Lien agreements shall:
1. Be allowed only where the subdivider provides a title insurance policy and current title report from a title company approved by the City that documents that the subdivider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to the exec ution of the lien agreement.
2. Be in a form acceptable to and approved by City Attorney.
3. Contain an itemization of the required improvements and an estimate of costs approved by the Director of Engineering/Public Works and shall specify that the subdivider's or subsequent owner's obligation extends to the actual cost of construction of the required improvements if such costs exceed the estimate.
4. Be recorded with the County Recorder.
5. Be approved concurrently with the approval of the final map with a note of the lien agreement's existence placed on the map, except where the lien agreement is being substituted after final map approval for other security previously deposited, in which case the lien agreement shall be signed and acknowledged by all parties having any record title interest in the property, as prescribed by Government Code Section 66436, consenting to the subordination of their interests to the lien agreement.
6. Be approved only when the appraised value of the land being divided less all trust deeds, liens and encumbrances, is at least 150 percent of the value of the proposed lien on the property.
7. Provide that prior to the issuance of building permits or the commencement of improvements on the divided land, the owner or developer must provide substitute improvement agreement and improvement security for the lien agreement, in one of the forms approved in Section 9.145.020.
E. From the time of recordation of the lien agreement, a lien shall attach to the property and shall have the priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the County agree to subordinat e the lien.
F. The lien agreement shall provide that the subdivider shall substitute acceptable security for the lien agreement and commence to construct the improvements required as conditions of approval by the Planning Commission or City Council of a tentative map within three years following recordation of the map, or in the case of a lien agreement which has been substituted for existing security pursuant to Section C within three years following recordation of the lien agreement.
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G. The time for substitution of acceptable security and commencement of construction of the required improvements in Subsection F above, may be extended up to three times, by the City Manager upon the written request of the owner and a showing of good cause. The City Manager shall have the discretion to determine if good cause for granting an extension has been shown. Each extension shall be for a period not to exceed one year. However, the City Council may grant additional time extensions, as it deems appropr iate, for substitution of acceptable security and commencement of construction of the required improvements pursuant to agreements secured either by (i) lien agreements executed at the time of recordation of the map, or (ii) lien agreements substituted for an existing security furnished. For each extension of time under this Subsection, the subdivider shall provide a title insurance policy and current title report from a title company approved by the City that documents that the subdivider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to request for an extension o f time.
H. No individual lots may be sold while the lien agreement is in place. However, fee title to the entire property encumbered by the lien agreement or to all lots designated on any individual final map which is encumbered by the lien agreement, may be sold in the aggregate to a single purchaser, provide that the proposed purchaser must, prior to assuming title to the property, either (i) execute a new lien agreement in a form acceptable to the City which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and new lien agreement, or (ii) provide acceptable alternative security for the required improvements to be constructed as a condition to development of the property conveyed. Any ne w lien agreement must require that acceptable security be substituted therefore, and the improvements secured thereby commenced by the same date provided in the lien agreement with the original owner, unless such date shall be extended by the City Manager as provided in Subsection G above.
I. At the time the City Council approves a lien agreement, the subdivider shall provide a cash deposit in the amount of $12,000.00 to the City for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien agreement. In addition, at such time as title to any property subject to a lien agreement shall be conveyed, the transferee thereof, if such transferee executes a new lien agreement to secure construction of the improvements imposed upon such property as described in Subsection D above, shall provide a substitute cash deposit in the amount of $12,000.00 to the City for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien agreement. Any unused portion of any such deposit shall be refunded to the subdivider following completion of such reversion. If the costs of reverting the property to acreage exceed $12,000.00, the subdivider shall pay such additional costs to the City prior to recordation of the reversion to acreage map.
J. The lien agreement shall only be released upon substitution of acceptable security for the lien agreement under Section D in order to begin construction of the required improvements, or upon recordation of a reversion to acreage map.
Chapter 9.190 Improvements
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Division 5 – Subdivision Regulations Chapter 9.195
Public Review Draft – May 2026
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Chapter 9.195
Violations and Enforcement
Chapter 9.195 Violations and Enforcement
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Chapter 9.195 Violations and Enforcement
Sections
9.195.010 Generally
9.195.020 Illegal Subdivision – Notification of Director Required
9.195.030 Illegal Subdivision -Permit Issuance Prohibited
9.195.010 Generally
Except as otherwise provided in this Division, the Director is authorized and directed to enforce the regulations set out in this Division and the Subdivision Map Act for subdivisions within the City.
9.195.020 Illegal Subdivision – Notification of Director Required Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this Code shall immediately so notify the Director. Upon receipt of the information, the Director shall file the notices required by the Subdivision Map Act, pursuant to Government Code Section 66499.36.
9.195.030 Illegal Subdivision -Permit Issuance Prohibited Pursuant to Government Code Section 66499.34, no board, commission, officer or employee of the City shall issue any permit or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this Division if it finds that development of such real property is contrary to the public health or public safety.
Division 5 – Subdivision Regulations Chapter 9.200
Public Review Draft – May 2026
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Chapter 9.200
Definitions
Chapter 9.200 Definitions
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Chapter 9.200 Definitions
Sections
9.200.010 Definitions
9.200.010 Definitions
Words and phrases used in this Division shall have the meanings set forth in this Chapter. These definitions shall apply in addition to those stated in Chapter 9.305 (Definitions).
A. Advisory Agency. For the purposes of Section 66415 of the Subdivision Map Act, the advisory agency shall be the Planning Commission, except where such duties and authorities are expressly delegated to another person or body by the other provisions of this Division.
B. Dedication. A transfer by a subdivider of title or any other interest in property to the City or other public entity, or to a public utility.
C. Design. A street alignment, grades and widths, alignment and widths of easements and rights- of-way for drainage and sanitary sewers, and minimum lot area and width; includes land to be dedicated for park or recreational purposes; and also refers to such specific r equirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the City.
D. Easement. A right of way offered or dedicated to the City or other public entity or a public utility for purposes of providing access to a division of land, for placing utilities, or for any other specified purpose.
E. Final Parcel Map. An official parcel map filed for record with the County Recorder in compliance with this Division and the Subdivision Map Act, evidence of division of land.
F. Final Subdivision Map. An official subdivision map filed for record with the County Recorder in compliance with this Division and the Subdivision Map Act, evidencing division of land. Also referred to as Tract Map.
G. Improvement. Any street work or utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and also refers to such specific improvements or types of improvements the installation of which, either by the subdivi der, by public agencies, by private utilities, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the City.
H. Merger. The joining of two or more contiguous parcels or units of land held by the same owner.
I. Subdivider. A person, firm, corporation, partnership, or association that proposes to divide, divides, or causes to be divided real property into a subdivision.
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J. Subdivision. The division, by any subdivider, of improved or unimproved contiguous land, or any portion thereof, shown on the latest equalized County assessment roll as a parcel or as contiguous parcels for the purpose of sale, lease or financing, whether immediate or future (except for leases of agricultural land for agricultural purposes). Property shall be considered as contiguous parcels, even if they are separated by roads, streets, utility easements, or railroad rights -of-way. A subdivision also inclu des a condominium project, a community apartment project, or a stock cooperative as defined in Section 1351 of the Civil Code.
K. Tentative Tract Map. A map made for the purpose of showing the design and improvement of a proposed division of land and the existing conditions in and around it and required to be submitted to officially commence the process of dividing the land in compliance with the requirements of this Division and the Subdivision Map Act.
L. Tentative Parcel Map. A map made for the purpose of showing the design and improvement of a proposed division of land and the existing conditions in and around it and required to be submitted to officially commence the process of dividing land in accordance with the requirements of this Division and the Subdivision Map Act.
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1 Title 9 – Planning and Zoning
Division 6 – Application
Processing Procedures
PUBLIC REVIEW DRAFT
MAY 2026
Table of Contents
Chapter 9.205 General Provisions ...................................................................................................... 6-6
9.205.010 Purpose and Intent ........................................................................................................ 6-6
9.205.020 Additional Permits May Be Required............................................................................. 6-6 Chapter 9.210 Application Processing Procedures ............................................................................ 6-8
9.210.010 Purpose and Intent ........................................................................................................ 6-8
9.210.020 Preliminary Review ........................................................................................................ 6-8
9.210.030 Application Preparation and Filing ................................................................................ 6-9
9.210.040 Fees ............................................................................................................................... 6-9
9.210.050 Application Review ...................................................................................................... 6-10
9.210.060 Public Notice ................................................................................................................ 6-11
9.210.070 Hearing Procedure ...................................................................................................... 6-12 Chapter 9.215 Design Review .......................................................................................................... 6-14
9.215.010 Purpose and Intent ...................................................................................................... 6-14
9.215.020 Applicability .................................................................................................................. 6-14
9.215.030 Review Authority.......................................................................................................... 6-15
9.215.040 Application Filing, Processing, and Review ................................................................ 6-15
9.215.050 Design Review Criteria ................................................................................................ 6-16
9.215.060 Post-Decision Procedures ........................................................................................... 6-16 Chapter 9.220 Zoning Clearance ...................................................................................................... 6-18
9.220.010 Purpose and Intent [Source: NEW] ............................................................................. 6-18
9.220.020 Applicability [Source: NEW] ......................................................................................... 6-18 Chapter 9.205 General Provisions
6-2
9.220.030 Review Authority [Source: NEW]................................................................................. 6-18
9.220.040 Application Filing, Processing, and Review [Source: NEW] ....................................... 6-18 Chapter 9.225 Minor Use Permit....................................................................................................... 6-21
9.225.010 Purpose and Intent ...................................................................................................... 6-21
9.225.020 Applicability .................................................................................................................. 6-21
9.225.030 Review Authority.......................................................................................................... 6-21
9.225.040 Application Filing, Processing, and Review ................................................................ 6-21
9.225.050 Findings and Decision ................................................................................................. 6-22
9.225.060 Conditions of Approval ................................................................................................ 6-22
9.225.070 Post-Decision Procedures ........................................................................................... 6-22 Chapter 9.230 Conditional Use Permit ............................................................................................. 6-25
9.230.010 Purpose and Intent ...................................................................................................... 6-25
9.230.020 Applicability .................................................................................................................. 6-25
9.230.030 Application Filing, Processing, and Review ................................................................ 6-25
9.230.040 Findings and Decision ................................................................................................. 6-25
9.230.050 Conditions of Approval ................................................................................................ 6-26
9.230.060 Post-Decision Procedures ........................................................................................... 6-26 Chapter 9.235 Temporary Use Permit .............................................................................................. 6-28
9.235.010 Purpose and Intent ...................................................................................................... 6-28
9.235.020 Review Authority.......................................................................................................... 6-28
9.235.030 Application Filing, Processing, and Review ................................................................ 6-28
9.235.040 Findings and Decision ................................................................................................. 6-28
9.235.050 Conditions of Approval ................................................................................................ 6-29
9.235.060 Public Notice and Hearing ........................................................................................... 6-29
9.235.070 Post-Decision Procedures ........................................................................................... 6-29 Chapter 9.240 Home Occupation Permit .......................................................................................... 6-31
9.240.010 Purpose and Intent ...................................................................................................... 6-31
9.240.020 Applicability .................................................................................................................. 6-31
9.240.030 Review Authority.......................................................................................................... 6-31
9.240.040 Application Filing, Processing, and Review ................................................................ 6-31
9.240.050 Post-Decision Procedures ........................................................................................... 6-32
9.240.060 Violation and Revocation of Permit ............................................................................. 6-32 Chapter 9.245 Planned Unit Development ....................................................................................... 6-34
9.245.010 Purpose and Intent ...................................................................................................... 6-34
9.245.020 Applicability .................................................................................................................. 6-34
9.245.030 District Regulations ..................................................................................................... 6-34 Division 6 – Application Processing Procedures Chapter 9.205 Public Review Draft – May 2026
6-3
9.245.040 Procedures .................................................................................................................. 6-35
9.245.050 Required Findings ....................................................................................................... 6-35
9.245.060 Lapse of Permit Approval ............................................................................................ 6-36
9.245.070 Extension of Time ........................................................................................................ 6-36
9.245.080 Amendments ............................................................................................................... 6-36 Chapter 9.250 Reasonable Accommodation .................................................................................... 6-38
9.250.010 Purpose and Intent ...................................................................................................... 6-38
9.250.020 Applicability .................................................................................................................. 6-38
9.250.030 Review Authority.......................................................................................................... 6-38
9.250.040 Application Filing, Processing, and Review ................................................................ 6-39
9.250.050 Findings and Decision ................................................................................................. 6-39
9.250.060 Conditions of Approval ................................................................................................ 6-39
9.250.070 Post-Decision Procedures ........................................................................................... 6-40 Chapter 9.255 Variances .................................................................................................................. 6-42
9.255.010 Purpose and Intent ...................................................................................................... 6-42
9.255.020 Applicability .................................................................................................................. 6-42
9.255.030 Review Authority.......................................................................................................... 6-42
9.255.040 Procedure .................................................................................................................... 6-42
9.255.050 Findings and Decision ................................................................................................. 6-42
9.255.060 Conditions of Approval ................................................................................................ 6-43
9.255.070 Post Decision Procedures ........................................................................................... 6-43 Chapter 9.260 Administrative Adjustment ......................................................................................... 6-45
9.260.010 Purpose and Intent ...................................................................................................... 6-45
9.260.020 Applicability .................................................................................................................. 6-45
9.260.030 Review Authority.......................................................................................................... 6-45
9.260.040 Procedure .................................................................................................................... 6-45
9.260.050 Findings and Decision ................................................................................................. 6-46
9.260.060 Conditions of Approval ................................................................................................ 6-46
9.260.070 Post Decision Procedures ........................................................................................... 6-46 Chapter 9.265 Permit and Approval Implementation, Time Limits, And Extensions ........................ 6-49
9.265.010 Purpose and Intent ...................................................................................................... 6-49
9.265.020 Findings and Decision ................................................................................................. 6-49
9.265.030 Effective Dates ............................................................................................................ 6-50
9.265.040 Permits to Run With the Land ..................................................................................... 6-51
9.265.050 Changes to an Approved Project ................................................................................ 6-51 Chapter 9.205 General Provisions
6-4
Chapter 9.270 Permit Modification and Revocation ......................................................................... 6-54
9.270.010 Purpose and Intent ...................................................................................................... 6-54
9.270.020 Applicability .................................................................................................................. 6-54
9.270.030 Initiation ....................................................................................................................... 6-54
9.270.040 Hearing and Notice Required ...................................................................................... 6-54
9.270.050 Required Findings ....................................................................................................... 6-54
9.270.060 Appeals ........................................................................................................................ 6-55
Division 6 – Application Processing Procedures Chapter 9.205 Public Review Draft – May 2026
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Chapter 9.205
General Provisions
Chapter 9.205 General Provisions
6-6
Chapter 9.205 General Provisions
Sections
9.205.010 Purpose and Intent
9.205.020 Additional Permits May Be Required
9.205.010 Purpose and Intent
This Division 6 (Permits and Processing Procedures) establishes the overall structure for the application, processing, review, and action on permit applications and identifies and describes those permits and other approvals required by this Development Code.
9.205.020 Additional Permits May Be Required
A land use on property that complies with the permit requirement or exemption provisions of this Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before constru ction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use.
Nothing in this Development Code shall eliminate the need to obtain any permits required by any other Municipal Code provision, or any applicable county, regional, State, or Federal regulations.
Division 6 – Application Processing Procedures Chapter 9.210 Public Review Draft – May 2026
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Chapter 9.210
Application Processing
Procedures
Chapter 9.210 Application Processing Procedures
6-8
Chapter 9.210 Application Processing Procedures
Sections
9.210.010 Purpose and Intent
9.210.020 Preliminary Review
9.210.030 Application Preparation and Filing
9.210.040 Fees
9.210.050 Application Review
9.210.060 Public Notice
9.210.070 Hearing Procedure
9.210.010 Purpose and Intent
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications and approvals required or offered by this Development Code. [Source: NEW]
9.210.020 Preliminary Review
The preliminary review process is required for all new development projects and is intended to provide applicants with information on relevant policies, zoning regulations, and procedures. Preliminary review is optional in all other circumstances. [Source: NEW]
A. Exemption from Permit Streamlining Act. Preliminary review is not subject to the requirements of the California Permit Streamlining Act (the Act, California Government Code Section 65920 et seq.).
B. Review Procedure.
1. The Planning Department shall conduct preliminary review at the request of the applicant upon submittal of the application, relevant information and required fee. The Director may consult with or request review by any City department or official with interest in the application.
2. A meeting of the involved City departments and their divisions will be scheduled for the purpose of discussing the proposed plan with the applicant.
C. Review Comments are Advisory. Neither the preliminary review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any comments that result from preliminary review are considered advisory only and shall not be binding on either the applicant or the City.
D. Time Limit on Comments. The review comments provided to the applicant by City representatives shall be valid for a period of six months.
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9.210.030 Application Preparation and Filing
A. Eligible Applicants. Eligible applicants shall be limited to the owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s authorized agent, proof of the right to use and possess the property as applied for, satisfactory to the Director, shall accompany the application. [Source: 9.72.030, NEW] B. Application Materials. [Source: 9.72.030, NEW]
1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Development Code.
2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, reports, and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials at the Planning Department offices. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of such materials shall be made available at a reasonable cost.
C. Multiple Applications. [Source: 9.72.030, NEW]
1. Concurrent Filing. For a project which requires more than one approval (e.g., Conditional Use Permit and Variance), the Director may require the applicant to file all related applications concurrently, together with all application fees.
2. Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any one of the applications.
9.210.040 Fees
A. Fee Schedule. The City Council shall establish a fee schedule for the processing of the applications required by this Development Code, hereafter referred to as the Fee Schedule. [Source: NEW]
B. Payment of Fees. Applications shall not be deemed complete and processing shall not commence on any application until the applicant has paid all required fees or deposits.
Payment of required fees and/or deposits shall not deem the application complete. [Source:
NEW]
C. Refunds and Withdrawals. [Source: NEW]
1. Application fees cover City costs for public hearings, mailings, City staff and consultant time, and the other activities involved in processing applications.
Chapter 9.210 Application Processing Procedures
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2. No fee refund based on application denial shall be allowed.
9.210.050 Application Review
A. Application Completeness. Within the timelines prescribed by law, the Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents. [Source: NEW]
1. Determination of Completeness. As required by Government Code Section 65943 30 calendar days of application filing, the applicant shall be notified in writing that the application is complete for processing to begin; or that the application is incomplete, and that additional informatio n shall be provided. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 9.300 (Appeals and Calls for Review).
2. Submittal of Additional Information.
a. When the Director 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. The time avail able to an applicant for submittal of additional information is limited by Subparagraph A.3 (Expiration of Application), below. b. The additional specified information shall be submitted in writing or electronically, as required by the Director.
c. The Director’s review of the additional information submitted by the applicant shall be accomplished in compliance with Subparagraph A.1 (Determination of Completeness), above, along with another 30 -day period of review for completeness.
3. Expiration of Application. An application may expire under the following conditions:
a. If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as specified by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for a time extension is submitted by the applicant and approved by the Director. b. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.
B. Withdrawal or Return of Application. An application may be withdrawn and returned to the applicant if requested in writing by the applicant. [Source: NEW] C. Referral of Application. At the discretion of the Director and where required by City, State, or Federal law, any land use application may be referred to any responsible public agency that may be affected by or have an interest in the proposed project. [Source: NEW] Division 6 – Application Processing Procedures Chapter 9.210 Public Review Draft – May 2026
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D. Project Review Procedures. Applications shall be reviewed in the following manner: [Source:
NEW]
1. Evaluation. Following receipt of a completed application, the Director shall evaluate the facts necessary for action consistent with the provisions of this Code.
2. Inspection of Premises. The Director may conduct both pre- and post-inspections of the subject property in compliance with the following:
a. Pre-inspections. The Director shall have access to the premises subject to the application in order 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.
b. Post-inspections. After approval, the Director shall have access to the subject premises to confirm compliance with this Development Code and all conditions of permit approval.
9.210.060 Public Notice
Unless otherwise specified, whenever the provisions of this Development Code requires public notice, the City shall provide public notice in compliance with Government Code Sections 65090, 65091, 65092, 65094 and 66451.3, and Public Resources Code 21000 et seq., and according to this Section. [Source: NEW, 9.72.070]
A. Mailed Notice. At least 20 days before a Planning Commission hearing on a n ordinance or zoning ordinance amendment that affects the permitted uses of real property and at least 10 days before any other public hearing or the date of action when no public hearing is required, the City shall provide notice by First Class mail delivery to the following:
1. The applicant, the real property owner or real property owner’s duly authorized agent and any occupant of the subject property; and
2. All real property owners of record within a minimum 500-foot radius of the subject property as shown on the latest Riverside County tax assessor’s assessment role or a larger radius if deemed necessary by the Director to provide adequate public notification. For project sites of 10 acres or greater in size, the radius shall be increased to 750 feet; and
3. All business owners of non -residential property and occupants and residents of non - owner occupied real property located within the City and within the required 500 foot or 750 foot radius of the subject property; and
4. Any person or group who has filed a written request for notice regarding the specific application; and
5. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
Chapter 9.210 Application Processing Procedures
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6. As provided for in Government Code Section 65093, the failure of any person or entity to entity to receive notice given pursuant to this Chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.
B. Newspaper Notice. At least 20 days before a Planning Commission hearing on an ordinance or zoning ordinance amendment that affects the permitted uses of real property and least 10 days before the date of the public hearing or the date of action when no public hearing is required, notice shall be published in at least one newspaper of general circulation in the City.
C. Posted Notice. At least 20 days before a Planning Commission hearing on an ordinance or zoning ordinance amendment that affects the permitted uses of real property and least 10 days before the date of the public hearing or the date of action when no public hearing is required, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three places.
D. Additional Notice. In addition to the notice required by this Section, the City may give notice of the hearing in any other manner it deems necessary or desireable.
E. Contents of Notice. The notice shall include the date, time, and place of the hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
9.210.070 Hearing Procedure
Unless otherwise specified, whenever the provisions of this Development Code requires a public hearing, the hearing shall be conducted in compliance with this Section. [Source: NEW, 9.72.070] A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the Review Authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C. Deferral of Final Decision. The Review Authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions have been prepared.
Division 6 – Application Processing Procedures Chapter 9.215 Public Review Draft – May 2026
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Chapter 9.215
Design Review
Chapter 9.215 Design Review
6-14
Chapter 9.215 Design Review
Sections
9.215.010 Purpose and Intent
9.215.020 Applicability
9.215.030 Review Authority
9.215.040 Application Filing, Processing, and Review
9.215.050 Design Review Criteria
9.215.060 Post-Decision Procedures
9.215.010 Purpose and Intent
Cathedral City lies in a natural setting of scenic, natural beauty with year -round weather encouraging outdoor activities. This environment generates a strong catalyst for tourist and recreation -oriented activity with stable residential areas. It is the purpose of these provisions to assure that the development of the community compliment the natural environment and is consistent with the goals, policies and programs of the Community Design Element and other relevant elements of the General Plan. The Design Review process provides for review of the development of permitted uses: [Source: 9.78.010] A. Architectural considerations , including: height, bulk, area, color of buildings, types of construction materials, physical and architectural relationships with existing and proposed structures; height; materials, and variations in boundary walls, fences, exterior elevations of all sides of the buildings or structures, and methods used to screen mechanical equipment from public view.
B. Landscape and site treatment , including: types of planting and vegetation, rock groupings, topography, methods of irrigation, lighting, and incorporation and placement of utilities and appurtenances.
C. Site plan analysis , including: traffic circulation, on -site and off -site safety considerations, pedestrian circulation and safety, arrangement of off -street parking and loading facilities, and provision of municipal and public services.
It is intended that these provisions are consistent with and implement the community design and development goals of the General Plan. In order to achieve these goals all development shall be reviewed for compliance with all applicable City Municipal Codes or design guidelines.
9.215.020 Applicability
Design Review is required for all new construction, additions and alterations to existing structures, and all site improvements except for the following: [Source: 9.78.020 – 9.78.030, NEW] A. Interior alterations for permitted uses.
B. Individual single-family dwellings.
Division 6 – Application Processing Procedures Chapter 9.215 Public Review Draft – May 2026
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C. Interior landscaping of gated communities.
9.215.030 Review Authority
A. Community Development Director. The Director shall have Design Review authority for the following projects. [Source: 9.78.040 – 9.78.060, NEW]
1. Change of color scheme.
2. Changes in façade that do not change the character defining features and/or motif of the building.
3. Architectural changes to a building required by a national chain in order to maintain a corporate identity: flexibility in architecture shall be used to provide for complimentary architecture to the surrounding area.
4. Site improvements or modifications to site improvements, including changes to existing landscaping, that are not associated with a project that otherwise requires Design Review.
5. Additions of less than 30 percent of the total existing floor area to nonresidential structures that do not face a public street or other public area, and are not adjacent to a residential area.
6. Buildings that are damaged and not destroyed subject to Section 9.295.060 (Nonconforming Structures) by fire, earthquake, natural disasters, acts of God, or the public enemy that do not involve expansion of the size of the building.
7. Residential development of five or fewer units that are not associated with a project that otherwise requires Design Review.
8. Changes to a Use Permit that add no floor area to the building or change to the land use and are within the scope of this Section.
B. Planning Commission. The Planning Commission shall have Design Review authority for any item not expressly mentioned in Subsection s A and B, above. [Source: 9.78.040 – 9.78.060, NEW]
9.215.040 Application Filing, Processing, and Review
A. Application. Applications and fees for Design Review shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures). [Source:
9.78.060, 9.78.080 – 9.78.090, NEW]
1. An application for Design Review shall be supplemented by plans, drawings, photographs, renderings, samples of materials and any other pertinent information, as required by the Director to adequately portray all applicable aspects of a proposal and adjacent property as required. Plans and drawings shall be signed by the draftsman and the architect, building designer or engineer responsible for their correctness.
B. Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Design Review application shall be submitted as a part Chapter 9.215 Design Review
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of the application for the underlying permit, Use Permit, or Variance. [Source: 9.78.060,
9.78.080 – 9.78.090, NEW]
C. Public Notice and Hearing. [Source: 9.78.060, 9.78.080 – 9.78.090, NEW]
1. Design Review by the Planning Commission. All projects for which the Planning Commission is the Design Review authority, shall require public notice and hearing pursuant to Chapter 9.210 (Application Processing Procedures).
2. Design Review by the Director. No public notice or hearing is required for Design Review for projects for which the Director is the Design Review authority.
9.215.050 Design Review Criteria
When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan, any applicable specific plan, any applicable design guidelines, and are consist ent with any other policies or guidelines the City Council may adopt for this purpose. To obtain design review approval, projects must satisfy the following criteria to the extent they apply. [Source: NEW] A. The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment and is consistent with the intended character of the area.
B. The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.
C. Project details, materials, signage and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design and appropriate to the Cathedral City context.
9.215.060 Post-Decision Procedures
A. Appeals. Design Review decisions are subject to the appeal provisions of Chapter 9.300 (Appeals and Calls for Review). [Source: 9.78.100, NEW] B. Expiration, Extensions and Revisions. Design Review approval is subject to the effective dates, expiration, extension, and revision provisions of Chapter 9.265 (Permit and Approval Implementation, Time Limits, And Extensions). [Source: 9.78.100, NEW]
Division 6 – Application Processing Procedures Chapter 9.220 Public Review Draft – May 2026
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Chapter 9.220
Zoning Clearance
Chapter 9.220 Zoning Clearance
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Chapter 9.220 Zoning Clearance
Sections
9.220.010 Purpose and Intent [Source: NEW]
9.220.020 Applicability [Source: NEW]
9.220.030 Review Authority [Source: NEW]
9.220.040 Application Filing, Processing, and Review [Source: NEW]
9.220.010 Purpose and Intent [Source: NEW]
The Zoning Clearance review and approval process is intended. to establish verification procedures for new or expanded uses or structures to ensure compliance with all the applicable requirements of this Code and with any applicable policies or standards of the General Plan and any operative plans.
9.220.020 Applicability [Source: NEW]
A. Establishment of Allowed Land Uses. A Zon ing Clearance is required to confirm the establishment of a new land use is allowed as a matter of right and that no Conditional Use Permit or other entitlements are required prior to securing a Business License and commencing operations.
B. When Required. A Zoning Clearance shall be required for:
1. The development of a single -unit dwelling residence, with or without an accessory dwelling unit(s) and/or junior accessory dwelling unit.
2. The development of a two -unit dwelling residence, with or without an accessory dwelling unit(s) and/or junior accessory dwelling unit.
3. Confirmation of the construction of such a structure is allowed as a matter of right and that such a project is compliant with, and without any deviations from, all applicable development standards of the zoning district prior to securing a Building Permit. If a proposed project or land use does not meet the threshold for a Zon ing Clearance, it shall be required to secure the applicable entitlement application(s) needed for approval.
9.220.030 Review Authority [Source: NEW]
If the Director determines that the proposed land use or structure is allowed as a matter of right by this Code and conforms to all the applicable development , architectural, and structural standards, the Director shall issue a Zoning Clearance.
9.220.040 Application Filing, Processing, and Review [Source: NEW] A. Applications for a Zon ing Clearance shall be submitted in accordance with the provisions of this Chapter accompanied with the applicable fees proscribed in the Fee Schedule.
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B. The Director shall require that the Zon ing Clearance application be accompanied by a written operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code.
The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as record of the proposal’s conformity with applicable regulations of this Code.
C. Public notice is not required for the department to consider approval, conditional approval, or denial of a Zoning Clearance application.
Chapter 9.225 Minor Use Permit
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Chapter 9.225
Minor Use Permit
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Chapter 9.225 Minor Use Permit
Sections
9.225.010 Purpose and Intent
9.225.020 Applicability
9.225.030 Review Authority
9.225.040 Application Filing, Processing, and Review
9.225.050 Findings and Decision
9.225.060 Conditions of Approval
9.225.070 Post-Decision Procedures
9.225.010 Purpose and Intent
The Minor Use Permit review and approval process is intended to apply to uses that are consistent with the goals, objectives, and policies of the General Plan and purposes of the zoning district where they are proposed and are generally limited in potentia l impacts, but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. [Source: NEW]
9.225.020 Applicability
Approval of a Minor Use Permit is required for uses or developments specifically identified in Division 2 (Zoning District Regulations and Development Standards), and/or any other section of this Development Code which requires a Minor Use Permit. [Source: NEW]
9.225.030 Review Authority
The Director shall act as the review authority for Minor Use Permits based on consideration of the requirements of this Chapter. The Director may refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit. [Source: NEW]
9.225.040 Application Filing, Processing, and Review
A. Application. Applications and fees for Minor Use Permits shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures). In addition to any other application requirements, the application for a Minor Use Permit shall include data or other evidence in support of the applicable findings required by Section 9.225.050 (Findings and Decision). [Source: NEW]
B. Public Notice. All applications for Minor Use Permits require public notice pursuant to Chapter
9.210 (Application Processing Procedures). [Source: NEW] Chapter 9.225 Minor Use Permit
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C. Public Hearing. A public hearing on a Minor Use Permit shall occur only where the Director refers the Minor Use Permit application to the Planning Commission for decision, or where the Directors decision on a Minor Use Permit is appealed pursuant to Chapter 9.300 (Appeals and Calls for Review). [Source: NEW]
9.225.050 Findings and Decision
The Review Authority must make all the following findings to approve or conditionally approve a Minor Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. [Source: NEW]
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and all other chapters of the Cathedral City Municipal Code.
B. The proposed use is consistent with the General Plan and any applicable specific plan.
C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.
D. The proposed use complies with any design or development standards applicable to the zoning district or the use in question, unless waived or modified pursuant to the provisions of this Development Code.
E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity.
F. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.
9.225.060 Conditions of Approval
In approving a Minor Use Permit, the Review Authority may impose reasonable conditions or restrictions to achieve the following outcomes. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. [Source: NEW] A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council.
B. Achieve the general purposes of this Development Code or the specific purpose of the zoning district in which the project is located.
C. Achieve the findings for a Minor Use Permit listed in Section 9.225.050 (Findings and Decision).
D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
9.225.070 Post-Decision Procedures
A. Appeals. Minor Use Permit decisions are subject to the appeal provisions of Chapter 9.300 (Appeals and Calls for Review). [Source: NEW]
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B. Expiration, Extensions and Revisions. Minor Use Permit approval is subject to the effective dates, expiration, extension, and revision provisions of Chapter 9.265 ( Permit and Approval Implementation, Time Limits, And Extensions). [Source: NEW] C. Revocation. Minor Use Permit approval may be modified or revoked pursuant to Chapter 9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: NEW]
Chapter 9.230 Conditional Use Permit
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Chapter 9.230
Conditional Use Permit
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Chapter 9.230 Conditional Use Permit
Sections
9.230.010 Purpose and Intent
9.230.020 Applicability
9.230.030 Application Filing, Processing, and Review
9.230.040 Findings and Decision
9.230.050 Conditions of Approval
9.230.060 Post-Decision Procedures
9.230.010 Purpose and Intent
The Conditional Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zoning district where they are proposed but that pose potentia l land use compatibility issues that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. [Source: 9.72.010, NEW]
9.230.020 Applicability
Approval of a Conditional Use Permit is required for uses or developments specifically identified in Division 2 (Zoning District Regulations and Development Standards) and/or any other section of this Development Code which requires a Conditional Use Permit. [Source: NEW, 9.72.020]
9.230.030 Application Filing, Processing, and Review
A. Application. Applications and fees for Conditional Use Permits shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures).
In addition to any other application requirements, the application for a Conditional Use Permit shall include data or other evidence in support of the applicable findings required by Section
9.230.040 (Findings and Decision). [Source: 9.72.030, 9.72.070] B. Public Notice and Hearing. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission pursuant to Chapter 9.210 (Application Processing Procedures). [Source: 9.72.030, 9.72.070]
C. Review Authority. The Planning Commission shall act as the Review Authority for Conditional Use Permits based on consideration of the requirements of this Chapter. [Source: 9.72.030,
9.72.070]
9.230.040 Findings and Decision
The Review Authority must make all the following findings to approve or conditionally approve a Conditional Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. [Source: 9.72.010, 9.72.040 - 060] Chapter 9.230 Conditional Use Permit
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A. The proposed use is consistent with the General Plan and any applicable specific plan.
B. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and all other chapters of the Cathedral City Municipal Code.
C. The proposed use would not result in an overconcentration of such uses in a manner that is detrimental to public health, safety, or general welfare.
D. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.
E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question, unless waived or modified pursuant to the provisions of this Development Code.
F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity.
G. The site is physically suitable for the type of use being proposed, including access, utilities, and the absence of physical constraints.
9.230.050 Conditions of Approval
In approving a Conditional Use Permit, the Review Authority may impose conditions or restrictions to achieve the following outcomes. The Review Authority may also require guarantees and evidence that such conditions are being, or will be, complied with. [NEW, 9.72.040] A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council.
B. Achieve the general purposes of this Development Code or the specific purpose of the zoning district in which the project is located.
C. Achieve the findings for a Conditional Use Permit listed in Section 9.230.040 (Findings and Decision).
D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
9.230.060 Post-Decision Procedures
A. Appeals. Conditional Use Permit decisions are subject to the appeal provisions of Chapter
9.300 (Appeals and Calls for Review). [Source: 9.72.080 - 160] B. Expiration, Extensions and Revisions. Conditional Use Permit approval is subject to the effective dates, expiration, extension, and revision provisions of Chapter 9.265 ( Permit and Approval Implementation, Time Limits, And Extensions). [Source: 9.72.080 - 160] C. Revocation. Conditional Use Permit approval may be modified or revoked pursuant to Chapter
9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: 9.72.080 - 160] Division 6 – Application Processing Procedures Chapter 9.235 Public Review Draft – May 2026
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Chapter 9.235
Temporary Use Permit
Chapter 9.235 Temporary Use Permit
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Chapter 9.235 Temporary Use Permit
Sections
9.235.010 Purpose and Intent
9.235.020 Review Authority
9.235.030 Application Filing, Processing, and Review
9.235.040 Findings and Decision
9.235.050 Conditions of Approval
9.235.060 Public Notice and Hearing
9.235.070 Post-Decision Procedures
9.235.010 Purpose and Intent
This Chapter establishes a process for review and approval of certain uses intended to be of limited duration of time, that will not permanently alter the character or physical facilities of the site where they occur, and that comply with all applicable requirements of this Development Code. [Source: 9.68.010]
9.235.020 Review Authority
The Director shall act as the Review Authority for Temporary Use Permits based on consideration of the requirements of this Chapter. [Source: NEW, 9.68.070]
9.235.030 Application Filing, Processing, and Review
An application and fees for a Temporary Use Permit shall be submitted pursuant to Chapter 9.210 (Application Processing Procedures) at least 30 days before the use is intended to begin. [Source:
9.68.030 – 9.68.050]
9.235.040 Findings and Decision
The Director must make the following findings in order to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. [Source: 9.68.070]
A. The project complies with applicable standards of Chapter 9.120 (Standards for Temporary Uses);
B. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and C. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.
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9.235.050 Conditions of Approval
The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section 9.235.040 (Findings and Decision), including, but not limited to: [Source: 9.68.060]
A. Regulation of ingress, egress, and traffic circulation; B. Regulation of fire protection and access for fire vehicles; C. Regulation of lighting and signage;
D. Regulation of hours of operation, staffing, security, or other aspects of the use; and E. Removal of all trash, debris, temporary structures and electrical service.
The Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
9.235.060 Public Notice and Hearing
Temporary Use Permits do not require a public hearing or notice. The Director may require public notice of Temporary Use Permits for events or activities that may have the potential for a public impact. [Source: NEW]
9.235.070 Post-Decision Procedures
A. Appeals. Temporary Use Permit decisions are subject to the appeal provisions of Chapter
9.300 (Appeals and Calls for Review). [Source: 9.68.080 – 9.68.100] B. Expiration. Unless otherwise stipulated in the approval, the uses allowed by the Temporary Use Permit shall commence within 90 days of issuance of the permit, otherwise the permit shall expire and become void. [Source: 9.68.080 – 9.68.100]
C. Revocation. Temporary Use Permit approval may be modified or revoked pursuant to Chapter
9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: 9.68.080 – 9.68.100] Chapter 9.240 Home Occupation Permit
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Chapter 9.240
Home Occupation Permit
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Chapter 9.240 Home Occupation Permit
Sections
9.240.010 Purpose and Intent
9.240.020 Applicability
9.240.030 Review Authority
9.240.040 Application Filing, Processing, and Review
9.240.050 Post-Decision Procedures
9.240.060 Violation and Revocation of Permit
9.240.010 Purpose and Intent
This Chapter establishes a procedure to verify that each home occupation will be conducted in accordance with Section 9.130.100 (Home Occupations) and will not adversely affect the residential character of the subject property or nearby residential properties. [Source: NEW, 9.70.010]
9.240.020 Applicability
No person shall conduct a home occupation without having first obtained a Home Occupation Permit in accordance with this Chapter. [Source: NEW]
9.240.030 Review Authority
The Director shall act as the Review Authority for Home Occupation Permit applications based on consideration of the requirements of this Chapter. [Source: NEW]
9.240.040 Application Filing, Processing, and Review
A. Application. Applications and fees for a Home Occupation Permit shall be filed by the occupant of the dwelling in compliance with the provisions set forth in Chapter 9.210 (Application Processing Procedures). The Director may request that the Home Occupation Permit application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed use or activity complies with all provi sions of Section
9.130.100 (Home Occupations) and any other applicable provisions of this Development Code. [Source: 9.70.050]
B. Determination. If the Director determines that the proposed use or activity conforms to all the applicable provisions of Section 9.130.100 (Home Occupations) and will not adversely affect the residential character of the subject property or nearby residential properties, the Director shall issue a Home Occupation Permit. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation thereby allowed. [Source: 9.70.050]
C. Non-Transferrable Permit. Home Occupation Permits shall not be transferrable by the designated permittee to any other person. [Source: 9.70.050] Chapter 9.240 Home Occupation Permit
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9.240.050 Post-Decision Procedures
A. Appeals. Home Occupation Permit decisions are subject to the appeal provisions of Chapter
9.300 (Appeals and Calls for Review). [Source: NEW, 9.70.080, 9.70.090] B. Expiration. All Home Occupation Permits shall continue in existence until abandoned or revoked. A home occupation permit shall be considered abandoned if the business license is not renewed. [Source: NEW, 9.70.080, 9.70.090]
9.240.060 Violation and Revocation of Permit
A. Revocation. Home Occupation Permit approval may be modified or revoked if the home occupation is being conducted contrary to the regulations set forth in Section 9.130.100 (Home Occupations), in a manner which adversely affects the residential character of the subject property or nearby residential properties, or if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: NEW, 9.70.090, 9.70.110]
1. If the Director determines that a home occupation is being conducted in violation of the provisions of the permit or of this Code, a notice of violation and revocation of permit shall be mailed, by certified mail, to the permittee at the address shown on t he Home Occupation Permit. The Home Occupation Permit shall be deemed revoked ten days from the date of mailing of said notice. Upon revocation of the Home Occupation Permit, the City Business License shall become null and void.
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Chapter 9.245
Planned Unit Development
Chapter 9.245 Planned Unit Development
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Chapter 9.245 Planned Unit Development
Sections
9.245.010 Purpose and Intent
9.245.020 Applicability
9.245.030 District Regulations
9.245.040 Procedures
9.245.050 Required Findings
9.245.060 Lapse of Permit Approval
9.245.070 Extension of Time
9.245.080 Amendments
9.245.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to establish the procedures for the establishment of a Planned Unit Development (PUD) District and the review and approval of a PUD Plan for development within a PUD District. [Source: 9.94.010]
B. Intent. Planned Unit Development is intended to provide for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to: [Source: 9.94.010]
1. Result in a superior development project and substantial community benefit;
2. Promote cohesive and aesthetically pleasing development;
3. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning and subdivision regulations in exchange for superior development and additional public benefit such as significant affordable housing;
4. Promote innovation and creativity in building design and development concepts; and
5. Provide greater benefits to the general welfare of the City residents and property owners than development under conventional zoning and subdivision regulations.
9.245.020 Applicability
The procedures in this Chapter shall apply to all proposals to establish a PUD District and a PUD Plan. [Source: NEW]
9.245.030 District Regulations
The PUD Plan shall establish the district regulations for all areas within the PUD area, including :
[Source: NEW]
A. Land Uses and Permit Requirements
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B. Development Standards
C. Design Standards
D. Other Applicable District Regulations
9.245.040 Procedures
A. Application. Applications and fees for a PUD District and PUD Plan shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures).
In addition to any other application requirements, the application for a PUD District and PUD Plan shall include data or other evidence in support of the applicable findings required by Section 9.245.050 (Required Findings). [Source: NEW]
B. Review Procedures. [Source: NEW]
1. Zoning Amendment. An application for a PUD District shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 9.280 (Development Code and Zoning Map Amendments) and shall include a PUD Plan.
2. PUD Plan. The PUD Plan shall be processed in the same manner as a Conditional Use Permit application, pursuant to Chapter 9.230 (Conditional Use Permits) except the City Council shall be the final review authority.
3. Tentative Subdivision Map. When a PUD Plan requires the submission of a tentative subdivision map, the map and all supporting documents shall be prepared and submitted concurrently with the application of the PUD Plan.
9.245.050 Required Findings
A PUD Plan and PUD District shall only be approved if all the following findings are made: [Source:
NEW]
A. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply.
B. The subject site is physically suitable for the type and intensity of the land use being proposed.
C. Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare.
D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area.
E. The proposed development is demonstrably superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation and/or substantial public be nefit such as significant affordable housing.
Chapter 9.245 Planned Unit Development
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9.245.060 Lapse of Permit Approval
A. PUD Plan. A PUD Plan shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PUD Plan may specify a development sta ging program exceeding two years. [Source: 9.94.120]
B. Tentative Map. Where a tentative map has been approved in conjunction with a PUD Plan, the PUD Plan shall expire upon the expiration of the tentative map. [Source: 9.94.120] C. Phased Development. If the review authority approves phased development, the PUD Plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of another phase. [Source: 9.94.120]
9.245.070 Extension of Time
The expiration date of a PUD Plan may be extended pursuant to Chapter 9.265 (Permit and Approval Implementation Time Limits, And Extensions). [Source: 9.94.130]
9.245.080 Amendments
A. Amended PUD Plans. Amendments to a PUD Plan may be requested by the applicant.
Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment. [Source: 9.94.140]
1. Major Amendments. Major amendments to an approved PUD Plan a shall be considered by the City Council at a duly noticed public hearing upon recommendation from the Planning Commission. An amendment will be deemed major if it involves one or more of the following changes.
a. An increase or decrease in the number of dwelling units that is greater than the maximum or less than the minimum approved in the PUD District; or b. An increase or decrease in the total floor area for any non-residential land use that results in the floor area being 10 percent less than the minimum or 10 percent more than the maximum approved in the PUD District; or c. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure; or
d. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PUD or to the overall street system; or e. Any other proposed change to the PUD Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.
2. Minor Amendments. Amendments not meeting one or more of the criteria listed in Subsection B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor Amendments may be approved by the Director.
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Chapter 9.250
Reasonable Accommodation
Chapter 9.250 Reasonable Accommodation
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Chapter 9.250 Reasonable Accommodation
Sections
9.250.010 Purpose and Intent
9.250.020 Applicability
9.250.030 Review Authority
9.250.040 Application Filing, Processing, and Review
9.250.050 Findings and Decision
9.250.060 Conditions of Approval
9.250.070 Post-Decision Procedures
9.250.010 Purpose and Intent
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilitie s Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval. [Source:
9.104.010]
9.250.020 Applicability
A. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportuni ties. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. [Source: NEW, 9.104.030] B. A request for Reasonable Accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. [Source: NEW, 9.104.030]
9.250.030 Review Authority
The Director shall act as the Review Authority for Reasonable Accommodation applications based on consideration of the requirements of this Chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application. [Source: 9.104.050]
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9.250.040 Application Filing, Processing, and Review
A. Application. Requests for Reasonable Accommodation shall be submitted on an application form provided by the Director, or in the form of a letter, to the Director and shall contain the following information: [Source: 9.104.030, 9.104.040, 9.104.080]
1. The applicant’s name, address and telephone number.
2. Address of the property for which the request is being made.
3. The current actual use of the property.
4. The basis for the claim that the individual is considered disabled under the Acts.
5. The municipal code provision, Development Code provision, or other regulation or policy from which reasonable accommodation is being requested.
6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
7. Additional information necessary for City staff to facilitate proper consideration of the request, consistent with the Acts.
B. Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a Reasonable Accommodation request. [Source: 9.104.030, 9.104.040, 9.104.080] C. Decision. The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Section 9.250.050 (Findings ad Decision ). [Source:
9.104.030, 9.104.040, 9.104.080]
9.250.050 Findings and Decision
The Director must make all of the following findings in order to approve or conditionally approve request for Reasonable Accommodation that will be consistent with the Acts. [Source: 9.104.060] A. The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
B. The request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
C. The conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and D. The denial of the Reasonable Accommodation request would conflict with any State or Federal statute requiring reasonable accommodation to provide access to housing.
9.250.060 Conditions of Approval
In granting a request for Reasonable Accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation would comply with the findings required herein. The conditions shall also sta te whether the accommodation Chapter 9.250 Reasonable Accommodation
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granted shall terminate if the recipient of the accommodation was requested no longer resides on the property. [Source: NEW]
9.250.070 Post-Decision Procedures
A. Appeals. Reasonable Accommodation decisions are subject to the appeal provisions of Chapter 9.300 (Appeals and Calls for Review). [Source: 9.104.080 – 9.104.090] B. Expiration, Extensions, and Revisions. Reasonable Accommodations may only be expired or revised as provided for in Chapter 9.265 (Permit and Approval Implementation, Time Limits, And Extensions ). In granting a permit, the Review Authority shall indicate whether a Reasonable Accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property. [Source: 9.104.080 –
9.104.090]
C. Revocation. Reasonable Accommodation approval may be modified or revoked pursuant to Chapter 9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: 9.104.080 – 9.104.090]
Division 6 – Application Processing Procedures Chapter 9.255 Public Review Draft – May 2026
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Chapter 9.255
Variances
Chapter 9.255 Variances
6-42
Chapter 9.255 Variances
Sections
9.255.010 Purpose and Intent
9.255.020 Applicability
9.255.030 Review Authority
9.255.040 Procedure
9.255.050 Findings and Decision
9.255.060 Conditions of Approval
9.255.070 Post Decision Procedures
9.255.010 Purpose and Intent
This Chapter is intended to provide a mechanism for relief from the strict application of this Development Code where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions. [Source: 9.76.010]
9.255.020 Applicability
Variances may be granted to vary or modify dimensional standards required by this Code. [Source:
9.76.020]
A. Use Variance Prohibited. In no case shall a Variance be granted to allow uses or activities that this Development Code does not authorize for a specific lot or site.
9.255.030 Review Authority
The Planning Commission shall act as the Review Authority for Variance applications based on consideration of the requirements of this Chapter. [Source: NEW]
9.255.040 Procedure
A. Application. Applications and fees for Variances shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures). In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 9.255.050 (Findings and Decision). [Source: 9.76.040]
B. Public Notice and Hearing. All applications for Variances require public notice and hearing before the Planning Commission pursuant to Chapter 9.210 (Application Processing Procedures). [Source: 9.76.040]
9.255.050 Findings and Decision
After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Planning Commission shall deny Division 6 – Application Processing Procedures Chapter 9.255 Public Review Draft – May 2026
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an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination. [Source: 9.76.030] A. That the granting of such Variance will not be materially detrimental to other properties in the area or the permitted use thereof.
B. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity.
C. That the strict application of this Code deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone.
D. That the granting of the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located.
E. The granting of the Variance will be consistent with the general purposes and objectives of this Development Code, any applicable specific plans, and the General Plan.
9.255.060 Conditions of Approval
In approving a Variance, the Review Authority may impose reasonable conditions or restrictions to achieve the following outcomes. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. [Source: 9.76.040] A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Code or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a Variance granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
9.255.070 Post Decision Procedures
A. Appeals. Variance decisions are subject to the appeal provisions of Chapter 9.300 (Appeals and Calls for Review). [Source: 9.76.040]
B. Expiration, Extensions and Revisions. Variance approval is subject to the effective dates, expiration, extension, and revision provisions of Chapter 9.265 ( Permit and Approval Implementation, Time Limits, And Extensions). [Source: 9.76.040] C. Revocation. Variance approval may be modified or revoked pursuant to Chapter 9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: 9.76.040]
Chapter 9.260 Administrative Adjustments
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Chapter 9.260
Administrative Adjustments
Division 6 – Application Processing Procedures Chapter 9.260 Public Review Draft – May 2026
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Chapter 9.260 Administrative Adjustment
Sections
9.260.010 Purpose and Intent
9.260.020 Applicability
9.260.030 Review Authority
9.260.040 Procedure
9.260.050 Findings and Decision
9.260.060 Conditions of Approval
9.260.070 Post Decision Procedures
9.260.010 Purpose and Intent
The purpose of this Chapter is to establish a means of granting relief from dimensional standards where doing so would be consistent with this Development Code and the General Plan, and where it is not possible or practical to approve a Variance. [Source: NEW]
9.260.020 Applicability
Administrative Adjustments may be granted as follows: [Source: NEW] A. Dimensional Requirements. Relief from requirements of property development standards specified in this Development Code, not to exceed 20 percent of the requirement.
B. Specific Allowances. Administrative Adjustments may be granted as specifically identified in any other section of this Development Code, as identified in that section.
C. Exclusions. Administrative Adjustments shall not be granted for any use-related standards or residential density.
9.260.030 Review Authority
The Director shall act as the Review Authority for Administrative Adjustments applications based on consideration of the requirements of this Chapter, except in the case of concurrent processing pursuant to Subsection A, below. [Source: NEW]
A. Concurrent Processing. If a request for an Administrative Adjustment is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.
9.260.040 Procedure
A. Application. Applications and fees for Administrative Adjustments shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures).
The application shall state in writing the nature of the request and explain how the required Chapter 9.260 Administrative Adjustments
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findings are satisfied. The applicant shall also submit plans delineating the requested Administrative Adjustment. [Source: NEW]
B. Public Notice and Hearing. Administrative Adjustments are subject to the public notice and hearing requirement of the associated permit or entitlement. [Source: NEW]
9.260.050 Findings and Decision
The Review Authority must make all of the following findings in order to approve an Administrative Adjustment application. The inability to make one or more of the findings is grounds for denial of an application. [Source: NEW]
A. The proposed Administrative Adjustment will be at least as effective in achieving the objectives of the base standard;
B. There are no alternatives to the requested Administrative Adjustment that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the public;
C. The Administrative Adjustment is in keeping with the character of the surrounding built environment; and
D. The granting of the requested Administrative Adjustment would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Development Code.
9.260.060 Conditions of Approval
In approving an Administrative Adjustment, the Review Authority may impose reasonable conditions or restrictions to achieve the following outcomes. The Review Authority may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. [Source: NEW] A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Development Code or the specific purposes of the zoning district in which the project is located;
C. Achieve the findings for an Administrative Adjustment granted; or D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).
9.260.070 Post Decision Procedures
A. Appeals. Administrative Adjustment decisions are subject to the appeal provisions of Chapter
9.300 (Appeals and Calls for Review). [Source: NEW]
B. Expiration, Extensions and Revisions. Administrative Adjustment approval is subject to the effective dates, expiration, extension, and revision provisions of Chapter 9.265 ( Permit and Approval Implementation, Time Limits, And Extensions). [Source: NEW] Division 6 – Application Processing Procedures Chapter 9.260 Public Review Draft – May 2026
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C. Revocation. Administrative Adjustment approval may be modified or revoked pursuant to Chapter 9.270 (Permit Modification or Revocation), if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Source: NEW]
Chapter 9.265 Permit Implementation, Time Limits, And Extensions
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Chapter 9.265
Permit Implementation, Time
Limits, And Extensions
Division 6 – Application Processing Procedures Chapter 9.265 Public Review Draft – May 2026
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Chapter 9.265 Permit and Approval Implementation,
Time Limits, And Extensions
Sections
9.265.010 Purpose and Intent
9.265.020 Findings and Decision
9.265.030 Effective Dates
9.265.040 Permits to Run With the Land
9.265.050 Changes to an Approved Project
9.265.010 Purpose and Intent
This Chapter provides requirements for the implementation or "exercising" of the permits or approvals required or offered by this Development Code, including time limits and procedures for approving extensions of time. [Source: NEW]
9.265.020 Findings and Decision
When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Development Code, the review authority shall make written findings of fact as required by this Development Code and any applicable State or federal law. [Source: NEW] A. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed in accordance with Chapter 9.300 (Appeals and Calls for Review).
1. Project Exempt from Environmental Review. Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.
2. Project Not Exempt from Environmental Review. The City shall act on the accompanying discretionary project within the time periods established by State CEQA requirements.
B. Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Development Code, the Director shall provide notice of the action to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Department.
C. Findings. Findings, when required by State law or this Development Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action.
Chapter 9.265 Permit Implementation, Time Limits, And Extensions
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9.265.030 Effective Dates
A. Effective Dates. A decision shall be effective on the date of action, except as provided below. [Source: NEW]
1. Decisions Subject to Appeal. A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 10 -day appeal period following the date of approval unless an appeal is filed.
2. Decisions Adopted by Ordinance. A decision of the City Council adopted by ordinance is final and shall take effect 30 days after the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance.
3. Decisions Adopted by Resolution. A decision of the City Council adopted by resolution is final and shall be effective on the date the decision is rendered.
B. Expiration of Permit Approval. The review authority, in deciding to approve a permit under this Development Code, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any decision to approve a permit under this Development Code shall automatically expire if it is not exercised or extended within 24 months after the date of the approval. [Source: NEW] C. Exercise of Permit. An approved permit shall not be treated as an entitlement until the Director determines that, prior to the expiration date described above, the following has occurred:
[Source: NEW]
1. For permits or approvals requiring a building permit, a valid City building permit shall be issued, and construction has been lawfully commenced.
2. For permits or approvals not requiring a building permit, the permitted use has lawfully commenced on the site and a valid City business license, if required, has been issued.
D. Extensions. [Source: NEW]
1. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative tract map.
2. Other Extensions. The Director may approve one 12 month extension of any permit or approval granted under this Development Code upon receipt of a written application with the required fee and/or deposit before expiration of the permit or approval. a. A public hearing shall not be required for the Director’s decision on an extension of time.
b. An extension of the permit or approval may be granted only if the Director first finds there have been no changes in circumstances or law that would preclude the Director from making the findings upon which the original approval was based.
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c. In the event the Director denies the request for extension, the applicant may, appeal the decision in compliance with Chapter 9.300 (Appeals and Calls for Review).
E. Lapse. When a permit has been exercised, it shall remain valid and in force unless the use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greate r than 24 consecutive months, in which case the permit may be revoked in accordance with Chapter
9.270 (Permit Modification or Revocation). No use of land or structure, the permit for which has lapsed in compliance with this Section and has been revoked in compliance with Chapter 9.270 (Permit Modification or Revocation) shall be reactivated, re-established, or used unless a new permit is first obtained. [Source: NEW]
9.265.040 Permits to Run With the Land
A. Run with the Land. Unless specifically stated, a permit or approval granted in compliance with Chapter 9.210 (Application Processing Procedures) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section
9.265.030.B (Expiration of Permit Approval) or as specified in this Development Code. [Source:
9.72.100]
B. Conditions Shall Apply. All applicable conditions of approval shall continue to apply after a change in property ownership. [Source: 9.72.100]
9.265.050 Changes to an Approved Project
All development and use of land for which a permit or other approval has been issued shall be in compliance with the approved drawings and plans and any conditions of approval unless the permit or other approval is revised as provided for in this Section. [Source: NEW] A. Minor Revisions. The Director may approve minor revisions to approved plans and permits provided the changes:
1. Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval;
2. Do not involve a feature of the project that was:
a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project.
b. A basis for conditions of approval for the project; or, c. A specific consideration by the Review Authority in granting the permit or approval.
3. Do not involve any expansion or intensification of the use or structure in terms of the area, space, or volume occupied by the use;
4. Would not result in a significant effect on the environment; and,
5. Would not intensify any potentially negative impacts of the project.
Chapter 9.265 Permit Implementation, Time Limits, And Extensions
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B. Major Revisions. A request for revisions to approved plans and permits that do not meet the criteria in Subsection A as a minor revision shall be processed as a new application.
Division 6 – Application Processing Procedures Chapter 9.270 Public Review Draft – May 2026
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Chapter 9.270
Permit Modification and
Revocation
Chapter 9.270 Permit Modification and Revocation
6-54
Chapter 9.270 Permit Modification and Revocation
Sections
9.270.010 Purpose and Intent
9.270.020 Applicability
9.270.030 Initiation
9.270.040 Hearing and Notice Required
9.270.050 Required Findings
9.270.060 Appeals
9.270.010 Purpose and Intent
This Chapter provides procedures for modification or revocation of previously approved permits or approvals. [Source: NEW]
9.270.020 Applicability
A. Any permit granted under this Development Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated, if any law or ordinance is violated, or if any of the events set forth in this Chapter occur. [Source: NEW] B. For the purposes of this Chapter, modification may include the modification of the terms of the permit itself or the waiver, alteration, and imposition of new or modified conditions. [Source:
NEW]
9.270.030 Initiation
Revocation or modification proceedings may be initiated by the City Council, Planning Commission, or Director. [Source: NEW]
9.270.040 Hearing and Notice Required
A. The Review Authority which originally granted the permit or approval shall hold a public hearing, noticed and conducted in compliance with Chapter 9.210 (Application Processing Procedures) to modify or revoke a permit or approval granted in compliance with the provisions of this Development Code, except as provided below. [Source: NEW]
1. Because of their short term nature, revocation or modification of Temporary Use Permits shall only require 24-hour notice to the permittee and property owner.
9.270.050 Required Findings
The Review Authority may revoke or modify the permit if it makes any of the following findings: [Source:
NEW]
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A. The use or structure authorized by the permit is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months.
B. The permit or other land use entitlement was issued in error.
C. Circumstances under which the permit or other land use entitlement was granted have been changed by the operator such that the public convenience, health, interest, safety, or welfare require revocation or modification.
D. That the permit or other land use entitlement was obtained by fraud or misrepresentation.
E. That the permit or other land use entitlement has been exercised by the person granted the entitlement, or their representative, successors, or assigns, contrary to one or more of the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the permit.
F. That the improvements and/or use authorized by the permit or other land use entitlement is being or has been so exercised or operated as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.
9.270.060 Appeals
Permit Modification or Revocation decisions made in compliance with this Chapter may be appealed in compliance with Chapter 9.300 (Appeals and Calls for Review). [Source: NEW]
Chapter 9.270 Permit Modification and Revocation
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1 Title 9 – Planning and Zoning
Division 7 – Development Code
Administration
PUBLIC REVIEW DRAFT
MAY 2026
Table of Contents
Chapter 9.295 Administrative Responsibility And Review Authority ................................................... 7-4
9.295.010 Purpose and Intent ........................................................................................................ 7-4
9.295.020 City Council ................................................................................................................... 7-4
9.295.030 Planning Commission .................................................................................................... 7-4
9.295.040 Community Development Director ................................................................................ 7-5
9.295.050 Administrative Responsibility Overview ........................................................................ 7-5 Chapter 9.280 Development Code and Zoning Map Amendments .................................................... 7-9
9.280.010 Purpose and Intent ........................................................................................................ 7-9
9.280.020 Applicability .................................................................................................................... 7-9
9.280.030 Initiation ......................................................................................................................... 7-9
9.280.040 Processing and Review ................................................................................................. 7-9
9.280.050 Planning Commission Recommendation .................................................................... 7-10
9.280.060 City Council Action ...................................................................................................... 7-10
9.280.070 Criteria For Zoning Map Amendments ........................................................................ 7-10
9.280.080 Criteria For Zoning Text Amendments ........................................................................ 7-11 Chapter 9.285 Specific Plans ............................................................................................................ 7-13
9.285.010 Purpose and Intent ...................................................................................................... 7-13
9.285.020 Applicability .................................................................................................................. 7-14
9.285.030 Initiation ....................................................................................................................... 7-14
9.285.040 Processing and Review ............................................................................................... 7-14
9.285.050 Specific Plan Contents ................................................................................................ 7-14 Chapter 9.275 Administrative Responsibility And Review Authority
7-2
9.285.060 Planning Commission Hearing and Recommendation ............................................... 7-15
9.285.070 City Council Hearing and Action.................................................................................. 7-15
9.285.080 Specific Plan Adoption ................................................................................................ 7-15
9.285.090 Specific Plan Amendment or Repeal........................................................................... 7-16 Chapter 9.290 Development Agreements ......................................................................................... 7-18
9.290.010 Purpose and Intent ...................................................................................................... 7-18
9.290.020 Authority and Scope .................................................................................................... 7-18
9.290.030 Application Filing, Processing, and Review ................................................................ 7-18
9.290.040 Notice and Public Hearing ........................................................................................... 7-19
9.290.050 Planning Commission Hearing and Recommendation ............................................... 7-19
9.290.060 City Council Hearing and Action.................................................................................. 7-20
9.290.070 Approval of Development Agreement ......................................................................... 7-20
9.290.080 Recordation ................................................................................................................. 7-20
9.290.090 Amendment and Cancellation ..................................................................................... 7-20
9.290.100 Periodic Review and Changes to Legislation .............................................................. 7-20
9.290.110 Development Agreement Terms and Conditions ........................................................ 7-21 Chapter 9.295 Nonconformities ........................................................................................................ 7-24
9.295.010 Purpose and Intent ...................................................................................................... 7-24
9.295.020 Applicability .................................................................................................................. 7-24
9.295.030 General Nonconforming Provisions............................................................................. 7-24
9.295.040 Nonconforming Lots .................................................................................................... 7-25
9.295.050 Nonconforming Uses ................................................................................................... 7-25
9.295.060 Nonconforming Structures ........................................................................................... 7-26
9.295.070 Nonconforming Site Improvements ............................................................................. 7-28
9.295.080 Nonconformity With Performance Standards .............................................................. 7-28 Chapter 9.300 Appeals and Calls for Review ................................................................................... 7-30
9.300.010 Purpose and Intent ...................................................................................................... 7-30
9.300.020 Applicability .................................................................................................................. 7-30
9.300.030 De Novo Review by City Council of Planning Commission Action ............................. 7-30
9.300.040 Application Filing, Processing, and Review ................................................................ 7-31
Division 7 – Development Code Administration Chapter 9.275 Public Review Draft – May 2026
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Chapter 9.275
Administrative Responsibility
And Review Authority
Chapter 9.275 Administrative Responsibility And Review Authority
7-4
Chapter 9.295 Administrative Responsibility And Review
Authority
Sections
9.275.010 Purpose and Intent
9.275.020 City Council
9.275.030 Planning Commission
9.275.040 Community Development Director
9.275.050 Administrative Responsibility Overview
9.295.010 Purpose and Intent
The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, and Community Development Director in the administration of this Development Code. [Source: NEW]
9.295.020 City Council
A. The City Council in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code and any other section of the Municipal Code, which include all of the following: [Source: NEW]
1. Review Authority on Specified Legislative Planning Matters. Final legislative decisions on General Plan amendments, specific plans and amendments, Development Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Development Code matters related to the City's planning process.
2. Appeals. The review of appeals filed from Planning Commission decisions.
B. Imposition of Conditions. In making decisions on applications, the City Council may impose conditions it deems reasonable and necessary 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. [Source: NEW]
9.295.030 Planning Commission
A. The Planning Commission in matters related to the City's planning process shall perform the duties and functions prescribed in this Development Code and any other section of the Municipal Code, which include all of the following: [Source: NEW]
1. The review of development projects, including items referred to the Planning Commission from the Director.
2. The review of appeals from the Director’s decisions and the Director’s and Department staff’s determinations.
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3. The recommendation to the City Council for final legislative decisions, on General Plan amendments, specific plans and amendments, Development Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process.
B. Imposition of Conditions. In making decisions on applications, the Planning Commission may impose conditions it deems reasonable and necessary 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. [Source: NEW]
9.295.040 Community Development Director
A. The Community Development Director, or the Community Development Director’s designee, referred to in this Development Code as the Director, shall: [Source: NEW]
1. Have the responsibility to perform all of the functions designated by State law and the Municipal Code.
2. Perform the duties and functions prescribed in this Development Code.
3. Have the authority to defer action on an application and, at the Director's discretion, refer the request to the Planning Commission for consideration and final action.
4. Perform other responsibilities assigned by the City Council, Commission, or City Manager.
5. Delegate the responsibilities of the Director to Staff under the supervision of the Director.
B. Conditions of Approval. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to the development, and to further the public health, safety, and general welfare of the community. [Source: NEW]
9.295.050 Administrative Responsibility Overview
Table 9.295-01 (Summary of Review Authorities for Decisions and Appeals) summarizes the powers and duties that each review authority has under this Development Code. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications. [Source: NEW] Table 9.295-01
Summary of Review Authorities for Decisions and Appeals Decision Type Reference
Advisory
Body Review Body Appeal Body
Extension to Permit Chapter 9.265
(Permit and
Approval
Implementation,
N/A Director Planning
Commission*
Chapter 9.275 Administrative Responsibility And Review Authority
7-6
Decision Type Reference
Advisory
Body Review Body Appeal Body
Time Limits, and
Extensions)
Minor Revision to Permit Chapter 9.270
(Permit
Modification and
Revocation)
N/A Director Planning
Commission*
Major Revision to Permit Chapter 9.270
(Permit
Modification and
Revocation)
N/A Review
Authority of
Original Permit
Appeal Body
for Original
Permit
Permit Modification or
Revocation
Chapter 9.270
(Permit
Modification and
Revocation)
Director Review
Authority of
Original Permit
Appeal Body
for Original
Permit
Design Review, Director Chapter 9.215
(Design Review)
N/A Director Planning
Commission*
Design Review, Planning
Commission
Chapter 9.215
(Design Review)
Director Planning
Commission
City Council
Minor Use Permit Chapter 9.225
(Minor Use
Permit)
N/A Director Planning
Commission*
Conditional Use Permit Chapter 9.230
(Conditional Use
Permit)
Director Planning
Commission
City Council
Temporary Use Permit Chapter 9.235
(Temporary Use
Permit)
N/A Director Planning
Commission*
Home Occupation Permit Chapter 9.240
(Home
Occupation
Permit)
N/A Director Planning
Commission*
Administrative
Adjustment
Chapter 9.260
(Administrative
Adjustment)
N/A Director Planning
Commission*
Variance Chapter 9.255
(Variances)
Director Planning
Commission
City Council
Division 7 – Development Code Administration Chapter 9.275 Public Review Draft – May 2026
7-7
Decision Type Reference
Advisory
Body Review Body Appeal Body
Reasonable
Accommodation
Chapter 9.250
(Reasonable
Accommodation)
N/A Director Planning
Commission*
Development Code and
Zoning Map Amendment
Chapter 9.280
(Development
Code and
Zoning Map
Amendment)
Planning
Commission
City Council N/A
Planned Unit
Development
Chapter 9.245
(Planned Unit
Development)
Planning
Commission
City Council N/A
Specific Plans and
Amendments
Chapter 9.285
(Specific Plans)
Planning
Commission
City Council N/A
Development
Agreements
Chapter 9.290
(Development
Agreements)
Director City Council N/A
*Planning Commission decision may be appealed to the City Council
Chapter 9.280 Development Code and Zoning Map Amendments
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Chapter 9.280
Development Code and Zoning
Map Amendments
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Chapter 9.280 Development Code and Zoning Map
Amendments
Sections
9.280.010 Purpose and Intent
9.280.020 Applicability
9.280.030 Initiation
9.280.040 Processing and Review
9.280.050 Planning Commission Recommendation
9.280.060 City Council Action
9.280.070 Criteria For Zoning Map Amendments
9.280.010 Purpose and Intent
This Chapter provides procedures for the amendment of this Development Code and the Zoning Map whenever the City Council determines the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan. [Source: NEW]
9.280.020 Applicability
The procedures in this Chapter shall apply to all proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map. [Source: NEW and 9.74.010, 9.74.160,
9.74.240]
9.280.030 Initiation
A. Initiation by the City. An amendment may be initiated by the Planning Commission, City Council, or Director. [Source: 9.74.020, 9.74.180]
B. Initiation by Application. An amendment may be initiated by any eligible applicant identified in Section 9.210.030 (Application Preparation and Filing). [Source: 9.74.020, 9.74.180]
9.280.040 Processing and Review
A. Application Filing and Processing. If initiated by the filing of an amendment application in compliance with Subsection 9.280.030.B (Initiation by Application), above, the application shall be processed in compliance with Chapter 9.210 (Application Processing Procedures). [Source:
9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220]
B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the amendment; unless the application is denied by the Planning Commission in compliance with Section 9.280.050.B (Recommendation to City Council), below. [Source: 9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220] Chapter 9.280 Development Code and Zoning Map Amendments
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C. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 9.210 (Application Processing Procedure) . [Source:
9.74.030 – 9.74.090, 9.74.170, 9.74.190-200, 9.74.220]
9.280.050 Planning Commission 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 Section 9.210.070 (Hearing Procedure). [Source: 9.74.210] B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed amendment. A recommendation for approval or denial shall be made by a majority vote of the total membership of the Commission.
The Planning Commission’s recommendation shall be transmitted to the City Council. [Source:
9.74.210]
9.280.060 City Council Action
A. City Council Hearing. After receiving the recommendation of approval from the Planning Commission or if an appeal has been filed on a recommendation of denial, the City Council shall hold a hearing in accordance with Section 9.210.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source:
9.74.110, 9.74.230]
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the re ferral shall be deemed a recommendation for approval and the amendment shall be returned to City Council for adoption. [Source: 9.74.110,
9.74.230]
9.280.070 Criteria For Zoning Map Amendments
The Planning Commission, in recommending, and the City Council, in reviewing, a proposed change of zone, shall consider whether the following conditions exist in reference to the proposed zoning of the subject property: [Source: 9.74.100, 9.74.120]
A. The proposed change of zone is in conformity with the General Plan map and report, and the lot area development standard for the proposed zone is the same as the lot area designated on the General Plan map for the property subject to the proposed zone chan ge.
B. The subject property is suitable for the uses permitted in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and City Council.
C. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents.
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9.280.080 Criteria For Zoning Text Amendments
The Planning Commission, in recommending, and the City Council, in reviewing, a zoning text amendment, shall consider whether the text amendment meets the following criteria: [Source: NEW] A. The text amendment is consistent with the goals and policies of the General Plan; and B. The text amendment is consistent with the purpose of this Code to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.
Chapter 9.285 Specific Plans
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Chapter 9.285
Specific Plans
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Chapter 9.285 Specific Plans
Sections
9.280.010 Purpose and Intent
9.280.020 Applicability
9.280.030 Initiation
9.280.040 Processing and Review
9.280.050 Specific Plan Contents
9.280.060 Planning Commission Hearing and Recommendation
9.280.070 City Council Hearing and Action
9.280.080 Specific Plan Adoption
9.280.090 Specific Plan Amendment or Repeal
9.285.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending Specific Plans in compliance with Government Code Section 65450 et seq., or as that Section may be amended or replaced from time to time. [Source: 9.60.010]
B. Intent. The intent of a Specific Plan is to accomplish any or all of the following: [Source:
9.60.010]
1. Provide a method for and to encourage the orderly implementation of the General Plan and any applicable regulations by the comprehensive planning and development of large areas of land so that the entire area will be developed in accord with an adopted master plan and to provide an environment of stable and desirable character.
2. Provide a flexible regulatory procedure to encourage creative and imaginative planning involving a mixture of uses, as permitted by zoning with open space and community facilities, both public and private.
3. Provide a framework for the phased development of an approved planned area to provide assurance to the developer that later development will be acceptable to the city.
4. Provide a method to resolve unique land use problems not resolvable through zoning or other regulatory instruments.
5. Provide a method to ensure the availability of public facilities and the establishment of future rights -of-way for streets, street expansion, and public utility and drainage easements.
Chapter 9.285 Specific Plans
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9.285.020 Applicability
The procedures of this Chapter shall apply to all proposals for the adoption or amendment of a specific plan. [Source: NEW]
9.285.030 Initiation
A. Initiation by the City. A Specific Plan may be initiated by the Planning Commission, City Council, or Director. [Source: 9.60.020]
B. Initiation by Application. A Specific Plan may be initiated by any eligible applicant identified in Section 9.210.030 (Application Preparation and Filing). [Source: 9.60.020]
9.285.040 Processing and Review
A. Application Filing and Processing. If initiated by the filing of a Specific Plan application in compliance with Subsection 9.285.030.B (Initiation by Application), above, the application shall be processed in compliance with Chapter 9.210 (Application Processing Procedures). [Source:
NEW]
B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the Specific Plan; unless the application is denied by the Planning Commission in compliance with Section 9.285.060.B (Denial), below. [Source:
NEW]
C. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 9.210 (Application Processing Procedure) , and as specified in Government Code Sections 65353, 65355, 65854, and 65856. If a Specific Plan affects the permitted uses of real property, notice of the hearing shall be given at least 20 days before the Planning Commission hearing. [Source: NEW]
D. General Plan Consistency Required. The Planning Commission shall not recommend, and the City Council shall not approve a Specific Plan unless the proposed Specific Plan is found to be consistent with the General Plan. [Source: NEW]
9.285.050 Specific Plan Contents
A specific plan shall include, but is not limited to, text and diagrams that specify all of the following in detail: [Source: 9.60.040, NEW]
A. The distribution, location and extent of individual land uses, including open space, within the area covered by the plan;
B. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within the area covered b y the plan and needed to support the land uses described in the plan;
C. Land use and development standards that, at a minimum, address land use, density, height, setbacks, landscaping, and parking;
D. Standards that address the conservation, development and utilization of natural resources, where applicable;
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E. A program of implementation measures, including regulations, programs, public works projects, financing measures and a statement of consistency with any existing master/capital improvement plan necessary to carry out subsections A, B and C listed above; F. A statement of relationship of the specific plan to the General Plan, including a statement of how the specific plan implements the goals and policies of the General Plan; and G. Any other subject that, in the judgment of the Director, Planning Commission or City Council, are necessary or desirable for implementation of the General Plan.
9.285.060 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 Section 9.210.070 (Hearing Procedure). [Source: 9.60.080, NEW] B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Specific Plan. A recommendation for approval or denial shall be made by a majority vote of the total membership of the Commission.
The Planning Commission’s recommendation shall be transmitted to the City Council. [Source:
9.60.080, NEW]
9.285.070 City Council Hearing and Action
A. City Council Hearing. After receiving the recommendation of approval from the Planning Commission or if an appeal has been filed on a recommendation of denial, the City Council shall hold a hearing in accordance with Section 9.210.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source:
9.60.080, NEW]
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan. If the City Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revi sion shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after th e referral shall be deemed a recommendation for approval and the Specific Plan shall be returned to City Council for adoption. [Source: 9.60.080, NEW]
9.285.080 Specific Plan Adoption
A. Mandatory Finding for Adoption. A Specific Plan may only be adopted if first found consistent with the General Plan. [Source: NEW]
B. Method of Adoption. The Specific Plan shall be adopted by ordinance or by resolution of the City Council. [Source: NEW]
Chapter 9.285 Specific Plans
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9.285.090 Specific Plan Amendment or Repeal
A. Process for Amendment. A Specific Plan may be amended or repealed through the same procedure specified by this Chapter for the adoption of a Specific Plan. [Source: 9.60.080, NEW]
B. Mandatory Finding for Amendment. A Specific Plan may only be amended if first found consistent with the General Plan. [Source: 9.60.080, NEW] C. Frequency of Amendments. The Specific Plan may be amended as often as deemed necessary by the City Council. [Source: 9.60.080, NEW]
.
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Chapter 9.290
Development Agreements
Chapter 9.290 Development Agreements
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Chapter 9.290 Development Agreements
Sections
9.290.010 Purpose and Intent
9.290.020 Authority and Scope
9.290.030 Application Filing, Processing, and Review
9.290.040 Notice and Public Hearing
9.290.050 Planning Commission Hearing and Recommendation
9.290.060 City Council Hearing and Action
9.290.070 Approval of Development Agreement
9.290.080 Recordation
9.290.090 Amendment and Cancellation
9.290.100 Periodic Review and Changes to Legislation
9.290.110 Development Agreement Terms and Conditions
9.290.010 Purpose and Intent
The purpose of this Chapter is to establish procedures and requirements for the consideration of Development Agreements which are intended to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the e conomic risk of development by eliminating uncertainty in planning for and securing orderly development of a project, assuring progressive installation of necessary improvements, providing public services appropriate to each stage of development of a project, ensuring attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens, and otherwise achieving the goals and purposes for which the development agreement statue was enacted. [Source: 9.05.005]
9.290.020 Authority and Scope
This Chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to Government Code Section 65864 et seq. All Development Agreements entered into after the effective date of this Chapter shall be processed in accordance with the provisions of this Chapter. In performing functions under this Chapter, the Director shall act under the direction of the City Manager. [Source:
9.05.010]
9.290.030 Application Filing, Processing, and Review
A. Application. An application and fees for a Development Agreements shall be submitted in accordance with the provisions set forth in Chapter 9.210 (Application Processing Procedures).
In addition to any other application requirements, the application for a Development Agreement shall include the following: [Source: 9.05.015 - 9.05.055] Division 7 – Development Code Administration Chapter 9.290 Public Review Draft – May 2026
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1. The form of Development Agreement proposed by the applicant containing, at minimum, the mandatory Development Agreement terms and conditions required by Section 9.290.110 (Development Agreement Terms and Conditions).
2. Data or other evidence in support of the applicable findings required by Subsection B (Required Findings).
B. Required Findings. The Planning Commission shall recommend and the City Council shall approve a Development Agreement only if all of the following findings are first made. [Source:
9.05.015 - 9.05.055]
1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. The Development Agreement is compatible with the uses authorized in the zone in which the real property is located;
3. The Development Agreement will not be detrimental to health, safety and the general welfare;
4. The Development Agreement will have a positive fiscal impact on the City; and
5. The Development Agreement contains the mandatory terms and conditions set forth in Section 9.290.110 (Development Agreement Terms and Conditions).
9.290.040 Notice and Public Hearing
A. Public Notice and Hearing. All applications for Development Agreements require public notice and hearing before the Planning Commission and City Council pursuant to Chapter 9.210 (Application Processing Procedure). [Source: 9.05.045, 9.05.050, 9.05.055] B. Public Hearings Required. The Planning Commission and City Council shall each conduct one or more public hearings regarding the Development Agreement. [Source: 9.05.045,
9.05.050, 9.05.055]
9.290.050 Planning Commission Hearing and Recommendation The Planning Commission shall consider the proposed Development Agreement at the public hearing and make a recommendation thereon to the City Council in the form of a written resolution. [Source:
9.05.060]
A. The recom mendation shall be to either disapprove, approve or approve the proposed Development Agreement with recommended amendments.
B. The recommendation shall be forwarded to the City Council within 70 days of the time specified for the public hearing in the notice of public hearing.
C. The recommendation shall include whether or not the applicable findings required by Section
9.290.030.B (Required Findings) can be made.
Chapter 9.290 Development Agreements
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9.290.060 City Council Hearing and Action
A. City Council Hearing. After receiving the recommendation, the City Council shall hold a hearing in accordance with Section 9.210.070 (Hearing Procedure). The notice for the hearing shall include a summary of the Planning Commission recommendation. [Source: 9.05.065] B. City Council Action. After the conclusion of the hearing, the City Council may approve, disapprove or approve with amendments the proposed Development Agreement. The City Council may, but need not, refer the matters not previously considered by the Planning Commission during i ts hearing back to the Planning Commission for report and recommendation. The Planning Commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the City Council. [Source: 9.05.065]
9.290.070 Approval of Development Agreement
The Development Agreement, if approved, shall be approved by the City Council by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the Development Agreement by the execution thereof by the City Manager. [Source: 9.05.070]
9.290.080 Recordation
No later than ten days after the City enters into the Development Agreement, the City clerk shall record with the County Recorder a copy of the Development Agreement. [Source: 9.05.080]
9.290.090 Amendment and Cancellation
A. Either the City or the applicant or successor in interest thereto authorized by the City may propose an amendment or cancellation in whole or in part of the Development Agreement. [Source: 9.05.075]
B. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the Development Agreement shall be the same as the procedures set forth in this Chapter for entering into a Development Agreement. [Source: 9.05.075] C. Except as provided for in Section 9.290.100.C (Modification or Termination of Procedures), the Development Agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the Development Agreement. [Source: 9.05.075]
9.290.100 Periodic Review and Changes to Legislation
A. Periodic Review. [Source: 9.05.085, 9.05.090, 9.05.095]
1. Pursuant to Section 65865.1 of the Government Code, the City shall review the Development Agreement at least every 12 months from the date the Development Agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the Development Agreement.
2. The Director shall give notice of the public hearing in the manner specified in Chapter
9.210 (Application Processing Procedure).
3. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the Development Agreement.
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4. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the Development Agreement, the City Council may commence proceedings to enforce, modify or terminate the Development Agreement pursuant to Section 9.290.100.C (Modification or Termination of Procedures).
B. Changes in State or Federal Laws. The City Council, in its sole discretion, may hold public hearings to determine whether modification or suspension of the Development Agreement is required because state or federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement. If, as a result of such review, the City Council finds and determines, on the basis of substantial evidence, that modification or suspension of the Development Agreement is so required, the City Council may commence proceedings to modify or suspend the Development Agreement pursuant to Section 9.290.100.C (Modification or Termination of Procedures). [Source: 9.05.085, 9.05.090, 9.05.095]
C. Modification or Termination of Procedures. [Source: 9.05.085, 9.05.090, 9.05.095]
1. If upon a finding under Section 9.290.100 (Periodic Review and Changes to Legislation), the City Council determines to proceed with modification, suspension or termination of the Development Agreement, the City Council shall hold a public hearing and give notice of such hearing in the manner specified in Chapter 9.210 (Application Processing Procedure).
2. At the time set for the hearing, the City Council may take such action, as it deems necessary to protect the interests of the City. Any action to terminate, modify or suspend the Development Agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.
9.290.110 Development Agreement Terms and Conditions
No Development Agreement may be approved without the following mandatory provisions set forth in the agreement, which provisions shall be consistent with the regulations set forth in this Chapter:
[Source: 9.05.100]
A. The duration of the agreement;
B. The permitted uses of the property,
C. The density or intensity of use of the proposed property; D. The maximum height and size of proposed buildings on the property; E. Provisions, if applicable, for the reservation or dedication of land for public purposes; F. The legal description of the property that is the subject of the Development Agreement; G. A detailed description of the project that is the subject of the Development Agreement; Chapter 9.290 Development Agreements
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H. All information and documentation, including, without limitation, acknowledgments, required by the County Recorder in order to record the document with the County Recorder for the County of Riverside;
I. Provisions governing the applicable rules, regulations and official policies that shall govern the development of the project site;
J. Provisions governing amendments to the Development Agreement and any development permit to be obtained for the development contemplated under the Development Agreement; K. Provisions governing the parties' respective rights and duties in the event of any delay or default in performance under the Development Agreement or in the event of any cancellation or termination of the Development Agreement;
L. Provisions governing how any notice or communication required under the Development Agreement is to be transmitted by the parties;
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Chapter 9.295
Nonconformities
Chapter 9.295 Nonconformities
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Chapter 9.295 Nonconformities
Sections
9.295.010 Purpose and Intent
9.295.020 Applicability
9.295.030 General Nonconforming Provisions
9.295.040 Nonconforming Lots
9.295.050 Nonconforming Uses
9.295.060 Nonconforming Structures
9.295.070 Nonconforming Site Improvements
9.295.080 Nonconformity With Performance Standards
9.295.010 Purpose and Intent
This Chapter is intended to permit the use of parcels, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Code in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a nonconforming parcel, use, or structure may be continued or changed. [Source: NEW, 9.66.010]
9.295.020 Applicability
The provisions of this Chapter apply to structures, parcels, and uses that have become nonconforming by adoption of this Code as well as structures, parcels, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map. [Source: 9.66.020, NEW]
9.295.030 General Nonconforming Provisions
A. Nonconformities, Generally. Any lawfully established use, structure, or parcel that is in existence on the effective date of this Code or any subsequent amendment but does not comply with all of the standards and requirements of this Code shall be considered nonconforming. [Source: 9.66.020]
B. Establishment of Legal Nonconforming Status. The property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Chapter. [Source: 9.66.020]
1. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject is a legal nonconformity.
2. City is Not Responsible. The City is not responsible to prove the legal status of the nonconformity.
C. Right to Continue. Any use or structure that was lawfully established prior to the effective date of this Code or of any subsequent amendments to its text or to the Zoning Map may only be Division 7 – Development Code Administration Chapter 9.295 Public Review Draft – May 2026
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continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volu me occupied by or devoted to such use, except as otherwise provided in this Chapter. [Source: 9.66.020]
1. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.
2. The right to continue a nonconforming use or structure shall not apply to uses or structures deemed by the Building Official to be a public nuisance because of health or safety conditions.
3. The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in Section
9.295.050.B (Abandonment of Nonconforming Uses).
9.295.040 Nonconforming Lots
Any lot that is smaller than the minimum lot size required by this Code or does not meet the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is shown on a duly recorded subdivision map or if a certificate of complia nce has been issued for the lot. [Source:
19.66.040]
A. A nonconforming lot may be used as a building site and shall be subject to compliance with all applicable requirements this Code.
B. A nonconforming lot shall not be further reduced in area, width, or depth in a manner that increases the level of nonconformity, unless such reduction is allowed pursuant to a provision of the Municipal Code, required as part of a public improvement, or otherwise specifically allowed pursuant to State law.
9.295.050 Nonconforming Uses
A. Expansions, Changes, and Substitutions of Nonconforming Uses. Nonconforming uses shall not be expanded, moved, or changed except as provided below. [Source: 9.66.030,
9.66.080]
1. Expansion.
a. Residential Use. Nonconforming residential uses may be enlarged and expanded provided no new dwelling units are created, unless exempted pursuant to State law.
b. Nonresidential Use. Nonconforming nonresidential uses may only be expanded with Minor Use Permit approval where the Review Authority makes the following findings.
i. Required Findings.
(1) The nonconforming use was legally established.
(2) The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare.
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ii. Conditions. When making its decision on an application for an expansion of a nonconforming use, the Review Authority may establish conditions that are necessary to accomplish the purposes of this Chapter, including, but not limited to:
(1) Required improvement of, or modifications to existing improvements on, the property;
(2) Limitations on hours of operations;
(3) Limitations on the nature of operations; and
(4) A specified term of years for which the expanded
nonconforming use shall be allowed.
2. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use.
3. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
4. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
B. Abandonment of Nonconforming Uses. No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months. The 12-month period shall commence when the use ceases and any one of the following occurs: [Source: 9.66.030, 9.66.080]
1. The site is vacated;
2. The business license or permit authorizing the use lapses;
3. Utilities are terminated;
4. The lease is terminated; or
5. Similar evidence of abandonment.
9.295.060 Nonconforming Structures
A. Maintenance of and Alterations and Additions to Nonconforming Structures. Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this Chapter unless deemed by the Building Official to be a public nuisance because of health or safety conditions. [Source: 9.66.050]
1. Maintenance and Repairs. Structural and nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height.
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2. Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with all applicable laws and requirements of this Code and the use of the property is either a conforming or nonconforming residential use or a conforming nonresidential use, except as provided below. a. Nonconforming Setbacks. A nonconforming interior side or rear setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that a new encroachment into any other required setback is not created.
3. Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this Code may only be maintained in compliance with the requirements of Chapter 9.105 (Signs).
B. Repair and Replacement of Damaged or Destroyed Nonconforming Structures. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions. [Source: 9.66.050]
1. Restoration When Damage is 50 Percent or Less of Replacement Value. If the cost of repair or reconstruction is less than or equal to 50 percent of its total replacement value, or assessed value if replacement value is not available, prior to destruction, it may be restored provided that:
a. Building permits shall be secured within 12 months after the date of the damage and construction shall be diligently pursued to completion; and b. The reconstructed building shall have no greater floor area that the one damaged.
2. Restoration When Damage Exceeds 50 Percent of Replacement Value. If the cost of repair or reconstruction exceeds 50 percent of its total replacement value , or assessed value if replacement value is not available, prior to destruction, the land and building shall be subject to all of the requirements of this Code, except as provided below.
a. Non-residential Uses and Structures. Any nonconforming nonresidential use must permanently cease. The nonresidential structure may be restored and used only in compliance with the requirements of this Code unless reconstruction is authorized through Conditional Use Permit approval where the P lanning Commission finds that the nonconformity has not been a nuisance to surrounding uses, and that re-establishing the structure will not be detrimental to the public health, safety, or welfare.
b. Residential Uses and Structures. Nonconforming residential structures may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming residential use, if any, may be resumed provided the rebuilt development complies with al l current property development standards.
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i. Timing. Building permits must be obtained within one year of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through approval of a Minor Use Permit .
9.295.070 Nonconforming Site Improvements
A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be maintained until such time as it is destroyed. [Source: 9.66.060] A. A destroyed nonconforming improvement shall not be repaired or rebuilt unless it is done so in compliance with all current regulations.
B. A site that includes nonconforming improvements may be expanded or have facilities added, provided that the expansion or addition meets all current development requirements.
C. Nothing in this Chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming site improvements or corrections to improvements determined to be unsafe by the Director.
9.295.080 Nonconformity With Performance Standards
The use of land or structures which does not meet the standards of performance for said uses or the standards for equipment employed in the operation of said uses as required by this Code, shall be brought into conformity with said standards within a perio d of one year from the effective date of the ordinance codified in this Chapter, otherwise the nonconforming use shall be discontinued. [Source:
9.66.070]
Division 7 – Development Code Administration Chapter 9.300 Public Review Draft – May 2026
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Chapter 9.300
Appeals and Calls for Review
Chapter 9.300 Appeals and Calls for Review
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Chapter 9.300 Appeals and Calls for Review
Sections
9.300.010 Purpose and Intent
9.300.020 Applicability
9.300.030 De Novo Review by City Council of Planning Commission Action
9.300.040 Application Filing, Processing, and Review
9.300.010 Purpose and Intent
This Chapter establishes procedures for the appeal and calls for review of determinations and decisions rendered by the Planning Commission, and Director. [Source: NEW]
9.300.020 Applicability
A. Development Code Administration and Interpretation. The following interpretations, determinations, and enforcement actions of the Director may be appealed to the Planning Commission and then to the City Council: [Source: NEW]
1. Interpretations. Any determination on the meaning or applicability of the regulations contained in this Development Code that are believed to be in error, and cannot be resolved with the Director.
2. Determinations. Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, in compliance with Government Code Section 65943.
B. Final Planning Permit and Design Review Decisions. [Source: NEW]
1. Director’s Decisions. Any final decision of the Director may be appealed to the Planning Commission.
2. Planning Commission’s Decisions. Any decision of the Planning Commission may be appealed to the City Council.
C. Legislative Decisions. Any decision of the Planning Commission may be appealed to the City Council. [Source: NEW]
D. CEQA Decisions. Any CEQA decision may be appealed to the City Council. [Source: NEW]
9.300.030 De Novo Review by City Council of Planning Commission Action The City Council can initiate a de novo review of any item subject to a hearing before the Planning Commission by requesting the item via the City Manager to be on the next City Council agenda. If a majority of the quorum present is in agreement to conduct a de novo review they may order a review of all or part of the application in the same manner as if an appeal has been filed. The item shall be presented at a City Council meeting after the order of review and the City Council shall conduct a de Division 7 – Development Code Administration Chapter 9.300 Public Review Draft – May 2026
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novo review and may add, modify, or delete any part of the project and/or conditions of approval. [Source: 9.72.090, 9.78.070]
9.300.040 Application Filing, Processing, and Review
A. Eligible Parties. An appeal may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Development Code. [Source: NEW]
B. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 calendar days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the Community Development Department office is closed to the public, the appeal period shall end at the close of business on the next consecutive business day. [Source: NEW]
C. Procedures. [Source: NEW]
1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
3. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body.
The Director shall forward the appeal, notice of action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
D. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision -making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval. [Source: NEW] E. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 9.210 (Application Processing Procedure). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing. [Source:
NEW]
F. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal. [Source:
NEW]
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Title 9 – Planning and Zoning
Division 8 – Definitions
PUBLIC REVIEW DRAFT
MAY 2026
Table of Contents
Chapter 9.305 Terms and Definitions ................................................................................................. 8-4
9.305.010 Purpose and Intent ........................................................................................................ 8-4
9.305.020 Applicability .................................................................................................................... 8-4
9.305.030 “A” Land Use Definitions ............................................................................................... 8-4
9.305.040 “B” Land Use Definitions ............................................................................................... 8-6
9.305.050 “C” Land Use Definitions ............................................................................................... 8-7
9.305.060 “D” Land Use Definitions ............................................................................................... 8-8
9.305.070 “E” Land Use Definitions ............................................................................................. 8-10
9.305.080 “F” Land Use Definitions .............................................................................................. 8-11
9.305.090 “G” Land Use Definitions ............................................................................................. 8-13
9.305.100 “H” Land Use Definitions ............................................................................................. 8-14
9.305.110 “I” Land Use Definitions ............................................................................................... 8-14
9.305.120 “J” Land Use Definitions .............................................................................................. 8-15
9.305.130 “K” Land Use Definitions ............................................................................................. 8-15
9.305.140 “L” Land Use Definitions .............................................................................................. 8-15
9.305.150 “M” Land Use Definitions ............................................................................................. 8-15
9.305.160 “N” Land Use Definitions ............................................................................................. 8-16
9.305.170 “O” Land Use Definitions ............................................................................................. 8-16
9.305.180 “P” Land Use Definitions ............................................................................................. 8-17
9.305.190 “Q” Land Use Definitions ............................................................................................. 8-21
9.305.200 “R” Land Use Definitions ............................................................................................. 8-21
9.305.210 “S” Land Use Definitions ............................................................................................. 8-24
9.305.220 “T” Land Use Definitions .............................................................................................. 8-29 Chapter 9.305 Terms and Definitions
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9.305.230 “U” Land Use Definitions ............................................................................................. 8-30
9.305.240 “V” Land Use Definitions ............................................................................................. 8-30
9.305.250 “W” Land Use Definitions ............................................................................................ 8-31
9.305.260 “X” Land Use Definitions ............................................................................................. 8-31
9.305.270 “Y” Land Use Definitions ............................................................................................. 8-31
9.305.280 “Z” Land Use Definitions .............................................................................................. 8-31
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Chapter 9.305
Terms and Definitions
Chapter 9.305 Terms and Definitions
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Chapter 9.305 Terms and Definitions
9.305.010 Purpose and Intent
This Chapter explains the meaning of technical or specialized terms used in this Development Code.
These definitions are provided to give clarity where words may need extra explanation or where their meaning may not reflect common usage. [Source: NEW]
9.305.020 Applicability
If a word is not defined in this Chapter, or in other provisions of the Code of Ordinances, the process of determining the correct definition shall comply with Chapter 9.10 (Interpretation of the Development Code). If a definition in this Chapter differs from a definition found elsewhere in the Code of Ordinances, the definition in this Chapter applies for purposes of this Development Code. [Source: NEW]
9.305.030 “A” Land Use Definitions
Accessory Dwelling Unit (ADU). See “Dwelling, Accessory Dwelling Unit (ADU).” [Source: NEW] Accessory Structure. A structure that is accessory and incidental to a primary structure located on the same parcel. [Source: 9.114.020]
Accessory Use. A use incidental and subordinate to a primary use of a parcel. Accessory uses are compatible with the primary use and do not significantly increase the intensity or level of activity to the principally permitted or conditionally permitted use on a site and customarily provided with the use . [Source: NEW]
Acre, Gross. A measure of total land area of any parcel including future streets, parks, and other land dedications. [Source: NEW]
Acre, Net. The gross area of a parcel, excluding: [Source: NEW] • Land to be dedicated for required easements for vehicles and rights -of-way, either public or private;
• Land determined to be hazardous and unbuildable; and/or • Land to be dedicated for schools, parks, or other facilities dedicated for public use.
Advertisement. Any notice, message, communication , or other form of expression advertising a business or development, including products, merchandise , or service s provided or sold by the business or development. [Source: 9.62.020, modified]
Aisle. A vehicular travel lane within a parking area or parking facility, typically located between and around rows of parked vehicles and connecting to site access areas. [Source: NEW] Alcoholic Beverage Manufacturing. An establishment having one or more of the following definitions:
• Brewery. An establishment where malt beverages are manufactured and/or produced on the premises. Such enterprises are subject to regulation by applicable agencies under the jurisdiction and control of the State. For uses allowing the serving and sale of alcoholic Division 8 – Definitions Chapter 9.305
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beverages, such as tasting room s, see “Eating and Drinking Establishment, Bar.” [Source:
NEW]
• Distillery. An establishment which produces distilled spirits on the premises. Such enterprises are subject to regulation by applicable agencies under the jurisdiction and control of the State.
For uses allowing the serving and sale of alcoholic beverages, such as tasting room s, see “Eating and Drinking Establishment, Bar.” [Source: NEW] • Winery. An agricultural processing facility producing wine on the premises from fruit or fruit juices through fermentation or the refermenting of still wine into sparkling wine that is bonded through the Alcohol, Tobacco Tax and Trade Bureau and has a current license from applicable State agencies under the jurisdiction and control of the State. For uses allowing the serving and sale of alcoholic beverages, such as tasting room s, see “Eating and Drinking Establishment, Bar.” [Source: NEW]
Ambulance Service . A commercial facility dedicated to ambulance stor age and from which ambulances and emergency personnel are dispatched to emergencies . May include incidental living facilities for emergency personnel who are employed by the commercial facility. [Source: NEW] Animal Boarding . A facility offering shelter and care for small animals on a commercial basis , inclduing, but not limited to, pet boarding and day care facilities . This use includes activities such as feeding, exercising, grooming, and incidental medical care. [Source: NEW] Animal Veterinary Hospital. A facility where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use of kennels or boarding facilities shall be limited to less than 36 hours and shall be only incidental to the veterinary care. Illustrative examples include animal clinics, veterinarian offices, and animal hospitals. [Source: 9.08.020, modified] Animal Grooming. A commercial facility offering the p rovision of bathing and trimming services for animals. [Source: NEW]
Antenna. A device used in telecommunications which transmits or receives radio signals. [Source:
NEW]
• Antenna, Panel. An antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae. [Source: NEW]
• Antenna, Whip. An antenna that transmits signals in 360 degrees. They are typically cylindrical in shape and are also called omnidirectional, stick, or pipe antennas. [Source: NEW] Arcade. An architectural element which extends from a structure over a sidewalk or walkway with columns, arches, or other support structures. Occupiable space on any upper floor(s) can extend over the sidewalk or walkway area. Does not include game arcades, which are included under the definition of “Recreation and Entertainment Facility, Indoor.” [Source: NEW] Articulation. The way portions of a structure ’s form are expressed (e.g., materials, texture, pattern, modulation) and come together to define the structure. [Source: NEW] Chapter 9.305 Terms and Definitions
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Artist Studio. A commercial workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft including, but not limited to, photography, pottery, printmaking, and sculpture. [Source: NEW] Attached Structure. A structure that shares a common wall, is physically connected to another structure, or two structures that are less than one foot away from each other as measured from the furthest projection on each structure. [Source: NEW]
Auction House. An indoor or outdoor commercial facility devoted to the sale and auctioning of property (e.g., merchandise, vehicles, etc.) and /or animals (e.g., cattle, horses, etc.) to bidders under the supervision of an agent or entity. [Source: NEW]
Awning. A roof-like covering that is attached to a structure and used to keep the sun or rain off a storefront, window, doorway, deck, or other portion of a structure. [Source: 9.62.020, modified]
9.305.040 “B” Land Use Definitions
Balcony. A platform that projects from the wall of a structure, typically above the first level, and is surrounded by a rail or parapet. [Source: NEW]
Bank and Financial Institution . A commercial establishment, including a federally chartered bank, savings and loan association, investment services, industrial loan company, or credit unions, that provides retail banking services to individuals and businesses. Does not include payday lending and/or check cashing businesses. [Source: NEW]
• With Automated Teller Machine (ATM) . An accessory structure to a Bank and Financial Institution containing computerized, self -service machines used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. [Source: NEW]
Base Density. The maximum number of dwelling units allowed on a parcel by the applicable zoning district, prior to any increase allowed through density bonuses or similar provisions. [Source: NEW] Bed and Breakfast Inn . An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-unit residential structure and in conjunction with a single-unit dwelling for short-term stays of less than 30 consecutive calendar days. [Source: NEW] Boarding and Rooming House . A dwelling other than a hotel, motel, bed and breakfast inn, or emergency shelter where lodging and meals are provided for compensation. [Source: 9.08.020 , modified]
Broadcasting and Recording Studio. A commercial and public communication establishment that broadcasts or records radio, motion picture, film, television, and other digital productions entirely within a structure. Does not include transmission and receiving apparatus (e.g., antennas and towers), which are included under the definition of "Public Utility Facility and Infrastructure." [Source: NEW] Building. See “Structure.” [Source: NEW]
Building Mounted. A telecommunication facility mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc.
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9.305.050 “C” Land Use Definitions
California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State of California. [Source: NEW] Cannabis Cultivation. A facility that is used for planting, growing, harvesting, curing, drying, grading, and/or trimming of cannabis, including areas used for storing products, supplies, and equipment related to any such activities. [Source: 3.48.020, modified]
Cannabis Dispensary. A business that engages in the retail sale and delivery of cannabis or cannabis products to customers. A cannabis dispensary is also known as a "retailer" under The California Business and Professions Code, Section 26001. [Source: 5.88.025, modified] Cannabis Distribution Facility. A facility where cannabis and cannabis products are procured, sold, and/or transported between licensees. [Source: 5.88.025, modified] Cannabis Manufacturing. A cannabis operation that engages in extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products.
Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. Manufacturing operations may involve the use of chemical solvents, heating, mixing, or other processes. [Source: 5.88.025]
Cannabis Testing Facility . A laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state, and (2) licensed by the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency. [Source: NEW]
Car Wash. A facility that provides for washing of vehicles. Car washes may have a waiting area for the customer and a designated finishing and/or detailing area to complete the vehicle care service. [Source:
NEW]
Caretaker's Residence. A single-unit dwelling on the same property as or abutting property owned by the owner of a nonresidential use, where the residence is occupied by one or more persons charged with the care or protection of facilities used in such nonresidential use. [Source: NEW] Cell site. A geographical area that contains both transmitting and receiving antennae. [Source: NEW] Cellular. An analog or digital wireless telecommunication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae. [Source: NEW] Cemetery. Land used for the interment of human remains, including burial, entombment, or inurnment, and associated facilities such as columbaria, crematories, and mausoleums when located on the same site as and part of the cemetery use, but not including columbaria or similar facilities that are accessory to a religious institution. For standalone funeral and burial services, see “Funeral and Burial Services, Mortuary, and Funeral Home.” [Source: NEW]
Certificate of Public Convenience and Necessity. A certificate issued by the California Public Utilities Commission. [Source: NEW]
Chapter 9.305 Terms and Definitions
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Co-Location. The locating of wireless telecommunications equipment from more than one provider on a single building mounted, roof mounted, or ground mounted or wireless telecommunication facility. [Source: NEW]
Commercial Kitchen. A commercial facility designed and equipped for the preparation and cooking of food for sale or distribution to the public or to other businesses. [Source: NEW] Community Care Facility.
• Small Community Care Facility. A community care facility serving six or fewer residents.
Small Community Care Facilities are defined by the State Health and Safety Code Section 1502, as amended. [Source: NEW]
• Large Community Care Facility. A community care facility serving seven or more residents.
Large Community Care Facilities are defined as all subcategories listed under State Health and Safety Code Section 1502(a), as amended, excluding subcategories that are characterized by providing care for six or fewer residents. [Source: NEW] Community Garden. A site used for the cultivation of plants for personal or community use, which is shared and maintained by multiple individuals or households and not used for commercial production. [Source: NEW]
Cooking Appliance. A ny appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle. [Source: 9.114.020] Cooking Facility. An area containing at minimum a refrigeration appliance, a kitchen sink, and cooking appliance each having a clear working space of not less than thirty inches. [Source: 9.114.020] Cornice. A molded and projecting horizontal feature that crowns a façade. [Source: NEW] Cottage Food Operation . As defined in California Health and Safety Code Section 113758(a) , as amended. [Source: NEW]
9.305.060 “D” Land Use Definitions
Data Processing Center. A facility, dedicated space within a structure, or group of structures used to house and maintain electronic hardware, computer systems, and associated components such as telecommunications and data processing systems, to be used for the remote storage, ma nagement, processing, or distribution of electronic data. Examples of such processing include, but are not limited to, computationally-intensive applications such as blockchain technology, cryptocurrency mining, large language model processing, and weather modeling, including any associated utility infrastructure to support operations such as air handlers, power generators, water cooling and storage facilities, and utility substations. [Source: NEW]
Day Care Center . As defined by the State Health and Safety Code Section 1596.76, as amended . [Source: 9.08.020, modified]
Deck. A platform, either freestanding or attached to a structure, that is supported by pillars or posts. [Source: NEW]
Decorative Concrete Masonry Unit . A decorative, non -structural concrete masonry unit with patterned openings designed to allow the passage of air and light, commonly used in walls or screening.
Also known as a “breeze block.” [Source: NEW]
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Density Bonus. As defined by Government Code Section 65915 et seq., as amended. [Source: NEW] Director. The Director of the Community and Economic Development Department of the City of Cathedral City. [Source: NEW]
Drive-in and Drive -through Sales . A f acility where food or other products may be purchased by motorists without leaving their vehicles. These facilities include, but are not limited to, fast -food restaurants, drive-through coffee shops, and pharmacies, excluding all tobacco products , all tobacco- related products, and all alcohol products. [Source: NEW] Drive Aisle. A paved area necessary to provide direct access for vehicles between a street and a parking area or facility. [Source: NEW]
Driveway. A paved area on a residential parcel necessary to provide direct access for vehicles between a street and a residential parking area and/or garage. [Source: NEW] Dwelling. A structure or portion thereof, designed exclusively for residential purposes, but not including hotels, motels, boarding and rooming houses, community care facilities, or day care centers. This land use is further categorized as follows: [Source: NEW]
• Single-unit. An attached or detached residential structure designed to accommodate one household/living unit on a single parcel, including stick-built homes and manufactured homes.
A single -unit residential development may be attached to another single -unit residential development on an adjacent property, as allowed by the Building Code. [Source: NEW] • Two-unit. A residential structure designed to accommodate two separate households/living units, such as duplexes and townhouses . These units are may be side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space. [Source: NEW]
• Three-unit. A residential structure designed to accommodate three separate households/living units, each with its own entrance and often separate facilities , such as a triplex, rowhouses, and townhouses. Three-unit dwellings can be arranged in various configurations, such as side- by-side, stacked, or a combination of these layouts. [Source: NEW] • Four-unit. A residential structure designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations. [Source: NEW]
• Five or More Units. A residential structure or complex containing more than five separate living units. This category includes apartment structures, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas. [Source: NEW] • Accessory Dwelling Unit (ADU) . As defined by the State Government Code Section 66313(a), as amended. See Section 9.130.30 (Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU And JADU)). [Source: NEW]
o Attached Accessory Dwelling Unit. An ADU that is or will be attached to the existing single-unit dwelling. [Source: 9.114.020]
Chapter 9.305 Terms and Definitions
8-10
o Converted Accessory Dwelling Unit. An ADU that is located within the existing or proposed dwelling, including attached garages, or the conversion of an existing accessory structure that is detached from the primary dwelling, including detached garages. [Source: 9.114.020]
o Detached Accessory Dwelling Unit. An ADU that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. [Source: 9.114.020]
• Junior Accessory Dwelling Unit (JADU). As defined by the State Government Code Section 66313(d), as amended. See Section 9.130.30 (Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU And JADU). [Source: NEW]
• Live-Work Unit. An integrated dwelling unit and working space, in which the dwelling unit is the primary use and the work ing space is secondary, where the structure has been designed or structurally modified to accommodate joint residential occupancy and work activity. [Source:
9.08.020, modified]
9.305.070 “E” Land Use Definitions
Eating and Drinking Establishment . A business serving prepared food and/or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, coffee houses, ice cream/yogurt establishments, and juice bars. Eating and drinking establishments may serve alcohol, provided that alcohol sales are subordinate to the sale of food and non-alcoholic beverages. [Source: NEW]
• Eating and Drinking Establishment, Bar. A bar, cocktail lounge, night club, speakeasy, tasting room, or similar establishment where any food service is subordinate to the sale of alcoholic beverages. These facilities do not include bars that are part of a larger restaurant or other Eating and Drinking Establishment. [Source: NEW]
• Eating and Drinking Establishment, Entertainment. A business serving food and/or beverages that offers entertainment, where the provision of entertainment is subordinate to the sale of food and/or beverages. Typical uses include, but are not limited to, restaurants and bars with a stage or dedicated space for live entertainment, karaoke, or other similar entertainment uses. For businesses where food and/or beverages are subordinate to entertainment uses, see “Recreation and Entertainment Facility” uses. [Source: NEW] Eave. The projecting lower edges of a roof overhanging the wall of a structure [Source: 9.62.020 , modified]
Electric Vehicle (EV) charger. A device that supplies electric power to charge the battery of an electric vehicle. [Source: NEW]
Electric Vehicle (EV) Charging Facility. A site or portion of a site with one or more commercial electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Does not include accessory electric vehicle charging stations associated with residential uses. Also see “Vehicle Fueling Station.” [Source: NEW]
Electromagnetic Field. The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor. [Source: NEW] Division 8 – Definitions Chapter 9.305
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Emergency Shelter. As defined by the State Health and Safety Code Section 50801(e), as amended. [Source: NEW]
Employee Housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single -family land use and shall be regulated as such for the purposes of this Title. [Source: NEW]
Energy Generation Facility . Any electrical generating facility using thermal, wind, water , or other energy source including, but not limited to, solar farms, biomass plants, wind farms, coal -fired plants, or thermal power plants with a generating capacity of less than 50 megawatts. [Source: NEW] Entryway. A doorway or passage through which entrance is provided to a structure. [Source: NEW] Environmentally Sensitive Habitat. All lands which support unique, rare, endangered, threatened, or sensitive species of animals or plants, including buffer areas. This definition shall be broadly interpreted to give the maximum possible protection to environmental resources. [Source: 9.52.050]
9.305.080 “F” Land Use Definitions
Façade. Any exterior face or wall of a structure. [Source: NEW] Chapter 9.305 Terms and Definitions
8-12
Figure 9.305-1
Façade
Family Day Care Home . As defined by the State Health and Safety Code section 1596.78 , as amended. [Source: NEW]
Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. This definition includes walls, gates, and structures used as a fence. See Chapter 9.75 (Fences and Walls). [Source: NEW] Fitness Center or Gym. A facility providing exercise and physical conditioning services, including, but not limited to, weight rooms, exercise classes and courses, exercise equipment, and health and lifestyle training. A Small Fitness Center or Gym is defined as having a maximum of 5,000 square feet, while a Large Fitness Center or Gym exceeds 5,000 square feet. For facilities dedicated to instructional - based classes, such as martial arts training, gymnastics or yoga studios, and other similar uses, see “School, Art/Dance/Martial Arts/Music.” [Source: NEW]
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol. [Source: NEW]
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Floor Area. The total gross area of all floors in a structure, excluding basements, as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace. [Source: NEW]
Floor Area Ratio (FAR). The gross floor area of a structure or structures on a parcel divided by the parcel area or site area. [Source: NEW]
Figure 9.305-2
Floor Area Ratio (FAR)
Fenestration. The arrangement, design, and proportion of windows and doors on a structure. [Source:
NEW]
Frontage, Structure. A structure façade facing a street or public open space. [Source: NEW] Frontage, Street.. The property line or portion of a site facing a street or public open space. The street frontage is the length of the front parcel line or, in the case of a corner parcel, the front parcel line plus the corner side parcel line. [Source: 9.62.020, modified] Funeral and Burial Services, Mortuary, and Funeral Home. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary. For cemeteries, see “Cemetery.” [Source:
NEW]
9.305.090 “G” Land Use Definitions
Grade, Existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this Development Code. [Source: NEW] Grade, Finished. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure and a line five feet from the structure. [Source: NEW] Ground mounted. A telecommunication facility mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purpose of supporting such antenna. [Source:
NEW]
Chapter 9.305 Terms and Definitions
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Guest House. An accessory residential structure located on the same premises as an existing main structure, for use exclusively by nonpaying guests, and such quarters having no cooking or plumbing facilities other than plumbing facilities for a bathroom. [Source: 9.08.020, modified]
9.305.100 “H” Land Use Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See Section
9.50.030 (Height Measurements and Exceptions). [Source: NEW] Home Occupation. An ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes. [Source: NEW] Hospital. A facility providing medical, physical, psychiatric, or surgical services on a 24 -hour basis for sick or injured persons primarily on an inpatient basis and including ancillary facilities for out -patient and emergency treatment, diagnostic services, training, research, administration, and ancillary services to patients, employees, or visitors (i.e., cafeteria, gift/flower shop, waiting rooms, pharmacy). [Source:
NEW]
Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the parcel and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities. [Source: NEW]
9.305.110 “I” Land Use Definitions
Indian Tribal Lands . A ll lands within the limits of an Indian Reservation, all dependent Indian communities, and all Indian allotments granted by a government agency. [Source: 9.52.050] Industrial. An establishment engaged in the manufacturing , processing, storing, and/or testing of finished parts or products either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing, packaging, storage/warehousing, incidental office space, sales, and distribution of the parts or products. Excludes vehicle/equipment rentals, vehicle repair and service, and vehicle sales. Characteristics of industrial uses include, but are not limited to, heavy trucking activity, noise, emissions requiring Federal or State environmental permits, and use of large quantities of raw materials. Examples of industrial uses include concrete and plaster manufacturing, metal production, firearm manufacturing, glass product manufacturing, paving and roofing materials manufacturing, synthetic product manufacturing, wood and lumber processing, pulp and pulp paper product manufacturing, te xtile and leather product manufacturing, cotton processing, rubber pr ocessing, coal processing, and assembly and manufacturing of vehicle and/or vessels (including aircraft). [Source: NEW] • Light. The manufacturing, processing, storing, and/or testing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, noise, or other environmental effects, and that has limited associated trucking activity. Minor industries generally require limited amounts of raw materials to produce goods. Examples of minor industrial uses include food and beverage manufacturing/production, artisan/craft product manufacturing, cold storage and packing houses, bottling plant s, equipme nt and appliance manufacturing, small -scale manufacturing/assembly, machine shops, dyeing plant s, metal product fabrication, clay and pottery product manufacturing, optical glass production, commercial laundries and dry-cleaning Division 8 – Definitions Chapter 9.305
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plants, cabinet shop s, welding shop s, and assembly of small electronics and medical equipment. [Source: NEW]
9.305.120 “J” Land Use Definitions
Junior Accessory Dwelling U nit (JADU). See “Dwelling, Junior Accessory Dwelling Unit (JADU).” . [Source: 9.114.020]
9.305.130 “K” Land Use Definitions
Kitchen. Any part of a room or structure which is designed, built, used, or intended to be used for the preparation or cooking of food and must contain, at minimum, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and one-half inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food.
A kitchen does not include bars, butler’s pantries, or similar rooms adjacent to or connected wit h a kitchen. [Source: NEW]
• Efficiency Kitchen. A cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU). [Source: NEW]
9.305.140 “L” Land Use Definitions
Land Use. The principal purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, enlarged, or occupied. [Source: NEW] Landscape. The planting and maintenance of a combination of trees, ground cover, shrubs, vines, flowers, and/or lawn. Does not include plants on rooftops, porches, or in boxes attached to structures. [Source: NEW]
Landscaping Trellises or Lattices. A decorative structure of intersecting bars, rods, or slats used to support climbing plants. [Source: NEW]
Living Space. The space in a dwelling intended for human habitation, including living, sleeping, eating, cooking or sanitation. [Source: 9.114.020]
Lot. See “Parcel.” [Source: NEW]
Low Barrier Navigation Center . As defined by the State Government Code Section 65660, as amended. [Source: NEW]
9.305.150 “M” Land Use Definitions
Massing. The three-dimensional bulk of a structure, including height, width, and depth. [Source: NEW] Master Sign Program. A coordinated plan for signs for a site which includes details of all applicable signs which are or will be placed on a site, including, but not limited to, sign placement and size, materials and method of illumination, and other sign details required for consistency and compatibility throughout the site. [Source: 9.62.020, modified]
Mid-Block Pathway. A pathway exclusively for pedestrians and bicyclists that connects two streets mid-block to improve bicycle and pedestrian circulation along long blocks. [Source: NEW] Chapter 9.305 Terms and Definitions
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Mixed-Use. A type of development where a variety of uses such as office, commercial, institutional, and residential are combined in a single structure or on a single site in an integrated project. [Source:
NEW]
Mobilehome Park . As defined in the State Health and Safety Code Section 18214, as amended. [Source: 9.08.020, modified]
Modulation. The projection and recession of sections of a façade of a structure that break up continuous exterior walls to create visual interest. [Source: NEW] Monopole. A structure composed of a single spire used to support antennae and related equipment. [Source: NEW]
Motel. A commercial lodging establishment offering transient lodging on a less than weekly basis where a majority of the sleeping units have direct access from parking areas. [Source: NEW] Mounted. Attached or supported. [Source: NEW]
Multi-Purpose Tower. A structure that integrates a monopole into a light pole or other utility pole. [Source: NEW]
Multi-Tenant. A site containing more than one tenant or nonresidential rental space adjoined by a common wall or roofline on the same site. [Source: 9.62.020, modified] Mural. A graphical expression that is painted or affixed directly on a fence or wall. This excludes commercial wall signs or other type of signs as specified in Chapter 9.105 (Signs). [Source: NEW] Museum. A commercial, public, or quasi-public facility that provides space for preserving and exhibiting artistic, historical, scientific, natural, or other objects of interest. Activities may include the sale of collected objects and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of meetings and social events. [Source: NEW]
9.305.160 “N” Land Use Definitions
Nonconforming Sign, Legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Development Code, or amendment thereto, but which does not conform with currently applicable requirements prescribed for the zoning district in which the sign is located. [Source: NEW]
Nonconforming Structure, Legal. A structure that was lawfully erected before the adoption of this Development Code, or amendment thereto, but which does not conform with the currently applicable provisions and/or development standards established for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures). [Source: NEW] Nonconforming Use, Legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Development Code, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located. [Source: NEW]
9.305.170 “O” Land Use Definitions
Office. A facility or business that predominantly offers medical, professional, or business services. This land use is further categorized as follows: [Source: NEW] Division 8 – Definitions Chapter 9.305
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• Medical. A facility primarily providing outpatient medical, mental health, minor surgical, and other similar personal health services, but which is separate from a hospital, including , but not limited to, medical, dental, and psychiatric offices, outpatient care facilities, acupuncture, community clinics, reproductive health services, urgent care facilities, and other allied health services. [Source: NEW]
• Professional. A facility predominantly offering professional and/or business services including, but not limited to, architects, attorneys, accountants, advertising, computer support, real estate, insurance brokers, co-working, and other similar professional services and uses . This classification excludes banks and savings and loan associations (see “Bank and Financial Institution”). [Source: NEW]
Outdoor Activity or Storage. Storage and/or sales of materials outside of a structure. [Source: NEW] Owner. The property owner on the latest equalized property tax assessment roll. [Source: 9.114.020]
9.305.180 “P” Land Use Definitions
Palm Hills Annexation Protection Sector Those portions of the Santa Rosa Mountains located outside the city limits, including, but not limited to, Assessors No. 686 -130-009 and No. 686-130-011.
Palm Hills Annexation Protection Sector shall not include any Indian Tribal Lands. [Source: 9.52.050] Parapet. An architectural feature that vertically extends from a wall at the edge of a roof, terrace, balcony, walkway, or other structure. [Source: NEW]
Parcel. A recorded parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code. Types of parcels include the following. [Source: NEW]
• Corner Parcel. A parcel located at the intersection of two or more streets which intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the parcel is considered an interior parcel. [Source: NEW] • Interior Parcel. A parcel abutting only one street. [Source: NEW] • Irregular Parcel. A parcel where the rear property line is narrower than the front property line. [Source: NEW]
• Key Parcel. An interior parcel, the front of which adjoins the side property line of a corner parcel. [Source: NEW]
• Reverse Corner Parcel. A corner parcel, the rear of which abuts a key parcel. [Source: NEW] Chapter 9.305 Terms and Definitions
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Figure 9.305-3
Parcel Types
Parcel Area. The horizontal area within property boundaries, excluding public -access corridors, vehicular easements, and areas to be included in future street rights -of-way, as established by easement, dedication, or ordinance. See Section 9.50.040 (Parcels and Parcel Area Measurements). [Source: NEW]
Parcel Coverage. The percentage of a site covered by a structure, accessory structure, roof, trellis, eave or overhang extending more than two feet from a wall, and by a deck or above ground pool more than 36 inches in height. [Source: NEW]
Parcel Depth. The measurement of horizontal distance from the front parcel line to the rear parcel line, as defined by Section 9.50.040 (Parcel and Parcel Area Measurements). [Source: NEW] Parcel Line.
• Front Parcel Line. A parcel line abutting the street or easement providing access to the parcel.
The front parcel line of a corner parcel is the shortest street line. If the street lines are the same length, any of the street -abutting parcel lines may be considered the front parcel line, unless one street-abutting parcel line results in nonconforming setbacks . The front parcel line of an irregular shaped parcel shall be determined by the Director. [Source: NEW]
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• Side Parcel Line. A parcel line that is not a front parcel line or a rear parcel line. [Source:
NEW]
• Rear Parcel Line. A parcel line that is not a front parcel line and is parallel or approximately parallel to the front parcel line. Where no parcel line is within 45 degrees of being parallel to the front parcel line, a line 10 feet in length within the parcel, parallel to and at the maximum possible distance from the front parcel line shall be deemed the rear parcel line for the purpose of measuring rear yard depth. [Source: NEW]
Parcel Width. The measurement of horizontal distance between the side parcel lines, as defined by Section 9.50.040 (Parcel and Parcel Area Measurements). [Source: NEW] Figure 9.305-4
Parcels Lines, Depth, and Width
Parking Area. A portion of a site devoted to off -street parking of motor vehicles that is provided to serve users of a primary land use, including parking structures, parking spaces, aisles, access driveways, and landscaped areas. [Source: NEW]
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Parking Facility. A site devoted to the commercial off-street parking of motor vehicles including parking structures, parking spaces, aisles, access driveways, and landscaped areas. [Source: NEW] Parkway. A portion of a street other than a roadway or a sidewalk. [Source: 12.04.060] Paseo. See “Mid-Block Pathway.” [Source: NEW]
Patio. An at -grade entry and outdoor area for a single ground floor unit which is separated from adjacent units by a barrier such as a low wall or a hedge. [Source: NEW] Permitted. Allowed without a requirement for approval of a Minor Use Permit, Conditional Use Permit, or Temporary Use Permit. [Source: NEW]
Personal Service Establishment. A commercial establishment that provides personal services and may include accessory retail sales of products related to the personal services. General personal services include, but are not limited to, alterations, laundromat or self-service laundry (not including dry cleaning agencies or plants), ambulance service, locksmith, barber and beauty shop, nail salon, health or day spas, clothing rental shop, shoe repair, and hair salons. For dry cleaning services, see “Industrial.” [Source: NEW]
Personal Telecommunication Services. A digital wireless telecommunication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location. [Source: NEW] Place of Assembly. A private facility intended for public or private assembly and meetings, including but not limited to banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, religious institutions , and places of worship. Does not include public structures, libraries, and other public facilities as defined in “ Public Uses and Structures.” [Source: NEW]
Porch. A covered outdoor area which covers the structure entry and is open on at least two sides. [Source: NEW]
Porte-Cochere. A covered entrance designed to let vehicles pass through. [Source: NEW] Primary Entry. The entrance to a structure that provides access to the use with the largest area in the structure. A structure can provide more than one separate entrance to each use, but each structure and use can have only one primary entry; all others are secondary structure entrances. [Source: NEW] Printing Shop . An establishment provid ing duplicating services using photocopy, blueprint, and/or offset printing equipment, including manufacturing and collating of booklets and reports, for orders from an individual, business, profession, service, industry, or government organization. Printing shops may include accessory retail sales. Retail establishments offering incidental printing services, such as packing and shipping stores, are defined as “Retail Sales, General.” [Source: NEW] Primary Dwelling. The principal residential structure(s) on a parcel, whether existing or proposed, that contain the permitted dwellings for the site. In a multi -unit development, the primary dwellings are the units that constitute the main residential use of the parcel, as distinguished from any accessory dwelling units, junior accessory dwelling units, or accessory uses. [Source: 9.114.020, modified] Private Wireless Telecommunication Facility. A wireless communication facility that has not been granted a certificate of public convenience and necessity by the CPUC. [Source: NEW] Division 8 – Definitions Chapter 9.305
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Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Development Code. [Source: NEW] Project Site. The specific location on which a development, use, or structure is proposed. [Source:
NEW]
Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting. [Source: 9.114.020]
Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. [Source: 9.114.020] Public Use s and Structures . Property, structure s, or land use s that are owned, leased, and/or maintained by the City of Cathedral City, Riverside County, State of California, or Federal Government.
Does not include privately-owned facilities intended for public or private assembly, as defined in “Place of Assembly” or “Recreation and Entertainment Facility.” Theis use includes: [Source: NEW] A. Library and/or Cultural Facility . A facility used (either owned or rented) by public agencies that is intended for community educational or cultural purposes, including libraries, museums, interpretive centers, and other similar public cultural institutions. [Source: NEW] B. Public Facilities and Structures. A structure or facility used (either owned or rented) by public agencies, including office and administration buildings; fire stations and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities ; public amphitheaters and meeting halls; public schools ; post offices ; public maintenance yards; and public monuments and statues . Does not include facilities specifically identified under another land use category. [Source: NEW] C. Recreation and Open Space. A public, noncommercial outdoor recreation area that provides a variety of recreational facilities including playground equipment, open space areas for active and passive recreation and picnicking, and sport and active recreational facilities. May also include enclosed structures providing for public recreational opportunities and public community gardens. [Source: NEW]
Public Utility Facility and Infrastructure . A facility or installation supporting utilities by any public entity or special districts , such as water and sewer facilities, substations, and other similar utility facilities. Does not include telecommunication towers and equipment as defined as “Wireless Telecommunication Facility.” [Source: 9.08.020, modified] Public Wireless Telecommunication Facility. A wireless communication facility that has been granted a certificate of public convenience and necessity by the CPUC. [Source: NEW]
9.305.190 “Q” Land Use Definitions
No terms defined.
9.305.200 “R” Land Use Definitions
Radiofrequency Radiation. Electromagnetic radiation in the portion of the spectrum from three kilohertz to 300 gigahertz. [Source: NEW]
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Recreation and Entertainment Facility. A commercial facility having one of the following definitions:
• Cinema or Theater . An indoor or outdoor commercial establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Illustrative examples include movie theaters, cinemas, amphitheaters, and performing arts theaters. Does not include adult entertainment businesses, bars, or any of those uses specified as indoor commercial recreation and entertainment facilities. See “Recreation and Entertainment Facility, Indoor” and “Eating and Drinking Establishment, Entertainment.” [Source: NEW] • Indoor. An indoor commercial establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Illustrative examples of indoor commercial recreation and entertainment uses include arcades, indoor ice or roller skating rinks, pool and billiard rooms, bowling alleys, soccer arenas, indoor archery, gun ranges, trampoline parks, and indoor sports courts such as pickleball and volleyball courts. Does not include theaters, cinemas, adult entertainment businesses, or bars. See “Recreation and Entertainment Facility, Cinema or Theater.” [Source: NEW]
• Outdoor. An outdoor commercial establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Illustrative examples of commercial recreation and ente rtainment use include: paint ball courses, miniature golf courses, sports stadiums, tennis courts, and amusement parks. Does not include golf courses or other golfing facilities. See “Recreation and Entertainment Facility, Golfing Facility.” [Source: NEW] • Golfing Facility. A tract of land dedicated to playing the game of golf, and improved with trees, greens, fairways, and hazards. Golf course may include related facilities such as clubhouses, golf schools and driving ranges and accessory uses such as restaurants, pro shops, and related facilities. Does not include any of those uses specified as outdoor commercial recreation and entertainment facilities. See “Recreation and Entertainment Facility, Outdoor.” [Source: NEW]
Recreational Vehicle. As defined by the State Health and Safety Section 18010, as amended. [Source:
NEW]
Recreational Vehicle Park. A commercial establishment accommodating two or more recreational vehicle spaces for transient lodging. For residential parks with spaces or lots rented or leased to mobile homes or recreational vehicles, see “Mobilehome Park.” [Source: NEW] Research and Development Facility , up to Biosafety level 3 . An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronics research firms and pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. [Source: NEW] Residential Development. See “Dwelling”. [Source: NEW]
Residential Open Space. For nonresidential landscaped area, see “Landscape.” • Residential Open Space , Common. An open area within a development reserved for the collective use of residents of the development and their guests.[Source: NEW] Division 8 – Definitions Chapter 9.305
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• Residential Open Space, Private. An open area outside of a structure adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests the open space is attached to. [Source: NEW] Retail Sales. An establishment having one or more of the following definitions:
• Alcoholic Beverage. A commercial establishment engaged in the sale of alcoholic beverages for off -site consumption. For on -site consumption of alcoholic beverages, see “Eating and Drinking Establishment,” or “Eating and Drinking Establishment, Bar”. [Source: NEW] • Auto Parts. A commercial establishment primarily engaged in the sale of new vehicle parts, tires, and accessories. A Small Auto Parts store is defined as having a maximum of 5,500 square feet, while a Large Auto Parts store exceeds 5,500 square feet. For uses allowing vehicle repair and parts installation, see “Vehicle Repair Shop.” [Source: NEW] • General. A commercial establishment within a structure engaged in selling goods or merchandise to the general public for profit. Illustrative examples of these establishments and lines of merchandise include, but are not limited to, kitchen utensils, luggage and leather goods, artists' supplies, medical supplies and equipment, bakeries (retail only), bicycle sales, books, musical instruments, cameras and photographic supplies, newsstands, office supplies, clothing and accessories, drug and discount stores, paint and wallpaper, electronic equipment, pet supplies and grooming, fabrics and sewing supplies, pharmacies, florists and houseplant stores (indoor sales only), shoe stores, gift shops, small wares, handcrafted items, specialty shops, sporting goods and equipment, hobby materials, stationery, home décor, toys and games, and jewelry. [Source: NEW]
• Grocery Store Small/ Neighborhood (6,000 square feet or smaller) . A commercial establishment where the majority of the floor area open to the public is occupied by food products oriented to the daily shopping needs of surrounding residential areas and/or specialty food products. A Small/Neighborhood Grocery Store is defined as having a maximum area of 6,000 square feet. [Source: NEW]
• Grocery Store Medium (between 6,001 and 30,000 square feet) . A commercial establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. A Medium Grocery Store is defined as having an area between 6,001 and 30,000 square feet.. [Source:
NEW]
• Grocery Store Large (over 30,00 0 square feet ). A commercial establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. A Large Grocery Store exceeds 30,000 square feet in area.
• Home Furnishings , Appliance, and Materials . A commercial establishment engaged primarily in the selling of household appliances, mattresses, furniture, hardware, tools, lumber, landscaping materials, and other similar building materials, including incidental repair services and the rental of tools and equipment used in the building trades. Illustrative examples of these establishments include: draperies, floor coverings, large musical instruments (i.e., piano organ), home appliances, movable spas and hot tubs, home furnishings, office furniture, home Chapter 9.305 Terms and Definitions
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sound systems, outdoor furniture, interior and exterior building materials and services, and televisions. A Small Home Furnishings, Appliance, and Materials store is defined as having a maximum of 30,000 square feet, while a Large Home Furnishings, Appliance, and Materials store exceeds 30,000 square feet. [Source: NEW]
• Nursery and Garden Supply. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants shall be kept within an enclosed structure or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type shall be stored and sold in package form only. [Source: NEW]
• Restricted. A commercial establishment engaged in selling goods or merchandise to the public for profit that are subject to heightened public regulation due to the nature of the product. The following categories of establishments are included in this definition: [Source: NEW] o Pawn Shop. A commercial establishment where personal property is received in exchange for money, with the privilege granted to the person to whom the money is loaned to reclaim such property upon repayment of the loan, together with all legal charges. Does not include banks, savings and loan institutions, credit unions, or other banking organizations regulated by State or Federal law. [Source: NEW] o Smoke Shop. An establishment that either (1) devotes more than 15 percent of their total floor space to smoking or tobacco paraphernalia, or (2) devotes more than a two foot by four-foot (two feet in depth maximum) section of shelf space for display for sale and sale of smoking and/or tobacco paraphernalia. Nothing in the definition of smoking or tobacco paraphernalia is intended to nor shall be interpreted as applying to tobacco products or legalizing or applying to any use otherwise prohibited by state or federal law, including , without limitation, California Penal Code Section 308, Business & Professions Code Section 22950 et. seq., and Health & Safety Code Sections 11014.5, 11364, 11364.5 and 11364.7. Does not include the sale, distribution, advertising, or storage of cannabis, cannabis products, or devices and/or accessories for the use of cannabis. See “Cannabis Dispensary.” [Source: NEW]
o Firearm Sales. Retail establishments selling firearms, ammunition, and related accessories and equipment under Federal laws governed by the Bureau of Alcohol, Tobacco, and Firearms. [Source: NEW]
• Wholesale. A commercial establishment engaged in selling wholesale merchandise to retailers; to industrial, commercial, institutional, agricultural, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or s elling merchandise to persons or companies. [Source: NEW]
Roof Mounted. Means mounted above the eave line of a building or on any portion of the roof area. [Source: NEW]
9.305.210 “S” Land Use Definitions
Sanitation Facility. A toilet, sink, and bathtub or shower. [Source: 9.114.020] Santa Rosa Mountains. The mountainous area surrounding the Cathedral Canyon Cove Sector South of Highway 111 , as designated in the City's General Plan. The area includes the ridgelines and hill Division 8 – Definitions Chapter 9.305
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faces, which provide the mountainous back drop to the city. The area excludes any Indian Tribal Lands. [Source: 9.52.050, modified]
School. An institution having one of the following definitions:
• College and University. A post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields.
These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges and public or private colleges and universities. [Source: NEW]
• Private Primary or Secondary . Privately-owned and operated primary, secondary, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code. For publicly-owned and operated primary and secondary schools, see “Public Uses and Structures.” [Source: NEW] • Technical/Trade and Vocational . A post -secondary school providing occupational, job training, or technical training and skill development. [Source: NEW] • Art/Dance/Martial Arts/Music. A school including instructional-based classes and/or workspaces for individual and group instruction and training in the arts; production rehearsal; photography; martial arts training; gymnastics instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment. [Source: NEW] Setback. A line within a parcel parallel to a corresponding parcel line, which is the boundary of any specified front, side, corner, or rear parcel setback, or a line otherwise established to govern the location of structures and uses. Where no minimum front, side, corner, or rear setback are specified, the setback line shall be coterminous with the corresponding parcel line. [Source: NEW] Service Commercial. A commercial establishment engaged in intensive commercial and selected light manufacturing uses that do not produce noticeable odors, air emissions, noise, or other environmental effects, and has limited associated trucking activity. T ypically require extensive floor area within an enclosed structure. [Source: NEW]
Sexually Oriented Business. An establishment or business which, as a regular and substantial course of conduct, offers, sells, or distributes adult -oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment , or performances that depict, describe, or relate to specified sexual activities, including human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or oral copulation; and/or erotic touching of human genitals, pubic region, buttocks, or breasts. See Section 9.130.160 (Sexually Oriented Businesses ).
Specific words and phrases concerning Sexually Oriented Businesses are set forth in Chapter 5.18 of the Code of Ordinances. [Source: NEW, 9.82.020]
Shielded (Lighting). A light fixture is considered fully shielded if a solid barrier or cap at the uppermost part of a lighting fixture shields light in such a manner that direct and indirect light rays emitted by the light fixture are projected below a horizontal plane running through the lowest point on the fixture where light is emitted A light fixture is considered partially shielded if the bottom edge of the shield is below Chapter 9.305 Terms and Definitions
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the plane of the center line of the light fixture, reducing light above the horizontal plane. [Source:
9.89.050, 9.89.050]
Shopfront. The frontage to a commercial use including at least one public entrance, clear glass windows, and signage. Each shopfront correlates with a single ground floor use. [Source: NEW] Short-Term Vacation Rental (STVR). Any privately owned qualifying residential dwelling unit or portion thereof, rented for occupancy, dwelling, lodging, or sleeping purposes for a period of thirty consecutive calendar days or less, counting portions of calendar days as full use days, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment. An STVR shall not be and is not permitted for use in any disqualified space. An STVR does not include the use of a lodging facility, hotel, motel , or a timeshare. [Source:
5.96.020]
Sight Distance Triangle. The area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet, providing area for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersecti ons of streets, alleys, or private driveways. [Source: 9.62.020, modified]
Sign. Any identification, description, illustration, or device, whether illuminated or nonilluminated, which is visible from the exterior of a structure and/or to the general public to bring attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently-installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information. Signs are further categorized as follows: [Source: 9.62.020, modified]
• Awning Sign. A sign painted, installed, attached or otherwise applied to or located directly on, an awning. [Source: NEW]
• Banner Sign. A sign composed of light weight material that is mounted to a pole or a structure at one or more edges. [Source: 9.62.020, modified]
• Billboard. An outdoor advertising sign, often located along major roadways or highways for high-visibility by vehicle users. Does not include other on-site advertising signs, as defined in this Chapter. [Source: 9.62.020, modified]
• Canopy Sign. A sign that is part of, or attached to, a canopy or other fabric, or structural protective cover over a door, entrance, window, or outdoor service area. [Source: NEW] • Changeable copy sign. A sign designed to allow the changing of lettering, symbols, or other information through manual, mechanical, or electrical means without altering the sign’s structure or face. [Source: 9.62.020, modified]
• Commercial Mural. A mural associated with a commercial use, such as murals including a business name, information, logo(s), emblem(s), or other similar information or illustrations of activities associated with uses on the premises or in the vicinity. Does not include noncommercial murals, as defined as “Mural,” or other commercial wall signs as specified in Chapter 9.105 (Signs). [Source: NEW]
• Directional Sign. Any sign erected for the sole purpose of indicating the route to, direction of, or location of a given goal, or which provides regulatory or service information of a non - Division 8 – Definitions Chapter 9.305
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advertising character. Directional and informational signs include, but are not limited to, signs that denote the route to any city, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings. [Source: 9.62.020, modified] • Drive-Through and Drive -In Facility Sign . Any sign along a drive -through lane or drive -in parking area that provides information on products or services available through the drive - through or drive -in, including, but not limited to, menu signs and order confirmation signs. [Source: NEW]
• Freestanding Sign. A sign which is self-supporting in a fixed location and detached from any structure, including, but not limited to, signs connected or attached to a sign structure which is not an integral part of a primary structure. [Source: 9.62.020, modified] • Highway-Oriented Sign. A sign located on parcel(s) adjoining Interstate 10 and oriented toward or visible from the Highway. [Source: 9.62.020]
• Illuminated Sign. A sign with an artificial source of light in the interior of the sign for the purpose of illuminating the face of the sign. [Source: 9.62.020, modified] • Monument Sign. A freestanding sign supported on grade and having a solid base as opposed to being supported by poles or open braces [Source: 9.62.020, modified] • Neon Sign. A sign illuminated by neon or other gas tube which is bent to form letters, symbols or other shapes. [Source: 9.62.020, modified]
• Off-site Sign. An outdoor sign advertising a business, product, or service not offered on the site where the sign is located, [Source: 9.62.020, modified] • On-site Sign. An outdoor sign which advertises a business, products or service available on or at the site upon which the sign is located. [Source: 9.62.020, modified] • Portable Sign. A sign not permanently affixed to a permanent structure or the ground, or a sign designed to be transported, including, but not limited to, signs with wheels, A -frames, H- frames, and menu and sandwich board signs. [Source: 9.62.020, modified] • Projecting, Overhead, or Suspended Sign. A sign which is either suspended from an overhang or is suspended from a mounting attached directly to an exterior structure wall and hangs perpendicular to the exterior wall. [Source: NEW] • Residential Development Identification Sign. A sign that serves to identify any combination of the name, logo, trademark, symbol or insignia, or address of a residential development. [Source: 9.62.020, modified]
• Temporary Sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. See Section 9.105.080 (Temporary Sign Regulations). [Source:
9.62.020, modified]
• Vehicle Sign. A sign which is attached to or affixed to, painted on or mounted on any surface of a vehicle, trailer, or similar wheeled conveyance which parked and visible from the public Chapter 9.305 Terms and Definitions
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right-of-way, except for vehicles used in the normal day -to-day operations of the business.
Does not include bumper stickers or the permanent finish on any surface of a vehicle or trailer. [Source: 9.62.020, modified]
• Wall Sign. A sign directly attached to or painted on the exterior wall of a structure or other structure, where the exposed face of the sign is substantially parallel to the exterior structure wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural feature may be considered an extension of the structure wall. [Source:
9.62.020, modified]
• Window Sign. A sign that is either attached to, suspended, or placed within five feet behind, or is placed or painted upon a window or glass door of a structure, where the sign is intended to be viewed from the exterior of such structure.. [Source: 9.62.020, modified] Sign Area. The surface area of a sign , measured consistent with Section 9.105.030 (General Regulations and Standards). [Source: 9.62.020, modified] Single-Family Residential Zo ne. As defined by the State Government Code Section 65852.21 , as amended. [Source: 9.116.020, modified]
Single Room Occupancy Housing (SRO). Any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one or two persons per unit. SRO tenants typically share amenities within the structure, such as common area(s), bathrooms/half -baths, kitchens and/or kitchenettes. Occupancy may be either temporary or permanent residence. Also known as Residential Hotel Unit (see the State Code of Regulations Section 8076) . Does not include short -term vacation rentals, which are defined under “Short-Term Vacation Rental.” [Source: NEW]
Sleeping. An area dedicated to sleeping that meets the Building Code requirements for habitability. [Source: 9.114.020]
Solid Waste Management. A facility having one of the following definitions:
• Community Composting. A site used for the collection, processing, and/or temporary storage of organic materials recovered from solid waste through a process of controlled biological decomposition to produce a compost product or soil amendment for beneficial uses. Does not include storage containers or processing activity located on the premises of an agricultural, residential, commercial, or manufacturing use and used solely for the composting of material generated by that agricultural or residential property, business, or manuf acturer. [Source:
NEW]
• Recycling Center. As defined by State Public Resources Code Section 14520, as amended.
A "certified" recycling center or other recycler is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. [Source: 9.08.020, modified] • Recycling Facility, Small Collection. A small collection facility occupying an area of not more than five hundred square feet for the acceptance of recyclable materials from the public by donation, redemption, or purchase. [Source: 9.08.020, modified] Division 8 – Definitions Chapter 9.305
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• Recycling Facility, Large Collection. A large collection facility occupying an area of more than five hundred square feet for the acceptance of recyclable materials from the public by donation, redemption, or purchase. [Source: 9.08.020, modified] • Waste Processing Facility. A facility that collects waste materials. These facilities may additionally treat, sort, and/or dispose of collected waste. Does not include facilities only handling the collection of recyclables or compost (see “Community Compost,” “Recycling Center,” and “Recycling Facility”). [Source: NEW]
Specific Plan. A plan for a defined area that is consistent with the General Plan and with the provisions of the California Government Code authorizing specific plans. [Source: NEW] Stealth Facility. Any communications facility which is disguised to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure.
Also referred to as a concealed antenna. [Source: NEW] Stepback. A design technique where the upper stories of a structure are set further back from the parcel lines than the lower stories to create a staggered, “step-like” profile. [Source: NEW] Storage Facility. A facility having one of the following definitions:
• Personal. A facility with structures generally containing small individual compartmentalized areas or lockers rented as individual storage spaces or outdoor storage for motor vehicles, recreational vehicles, and boats. Storage of vehicles may not be required to be l ocated completely within an enclosed structure, but the rental office/waiting area is required to be completely within an enclosed structure. [Source: NEW]
• Contractor. A facility used for storage of construction materials, equipment, vehicles, and other necessary materials by a contractor, including facilities for offices. [Source: NEW] • Restricted. A facility used for storage and distribution of generally dangerous and hazardous materials, including, but not limited to, chemicals, gasoline, biofuels, petroleum, propane, and explosives. [Source: NEW]
Story. The portion of a structure included between the upper surface of a floor and the upper surface of the floor next above. The uppermost story is that portion of a structure included between the upper surface of the uppermost floor and the ceiling of the roof above. [Source: NEW] Structure. Anything constructed or erected that requires a location on the ground, including a structure, a deck, or a swimming pool, but not including fences or walls that are eight feet in height or less and access driveway or sidewalks. [Source: NEW]
Swimming Pools. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation, including swimming pools and hot tubs. [Source: NEW]
9.305.220 “T” Land Use Definitions
Tandem Parking. A parking design in which two or more vehicles are parked on a driveway or in any other location on a parcel lined up behind one another. [Source: 9.114.020, modified] Chapter 9.305 Terms and Definitions
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Temporary Use . A use that is short-term or temporary in nature that is classified separately for purposes of the land use regulations; provided that the use does not exceed any time limits established in Chapter 9.120 (Standards for Temporary Land Uses). [Source: NEW] Terrace. An elevated area that connects to pedestrian networks such as sidewalks and connects to one or more structure entrances. [Source: NEW]
Time-Share. A project where individuals own time-share rights or entitlements to use or occupy any real property or portion thereof during specified times. [Source: 9.92.010, modified] Towing Yard . A commercial establishment providing for the storage of operative or inoperative vehicles. Includes parcels used for parking towaways, impounding, repossession, and storage (excluding personal storage) for buses and recreational vehicles, but does not incl ude vehicle dismantling. [Source: NEW]
Transitional and Supportive Housing. Housing having one or more of the following definitions:
• Supportive housing. As defined by the State Health and Safety Code Section 50490, as amended. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district. [Source: NEW] • Transitional housing. As defined by the State Health and Safety Code Section 50801, as amended. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district. [Source: NEW]
9.305.230 “U” Land Use Definitions
Urban Lot Split. The ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one parcel into two parcels within a single-unit dwelling residential zone pursuant to California Government Code Section 66411.7. [Source: 9.116.020]
9.305.240 “V” Land Use Definitions
Vehicle Body and Collision Shop . A facility engaged in vehicle body and collision repair, including vehicle body painting, with all work conducted wholly within a structure. [Source: 9.08.020, modified] Vehicle Fueling Station. An establishment engaged in the retail sale of gas, diesel, hydrogen, biofuel, and other alternative fuel types. May include accessory electric vehicle chargers and incidental sales of retail products. [Source: NEW]
Vehicle Rental Facility.
• Passenger and Recreational. A commercial establishment that rents vehicles, motorcycles, recreational vehicles, trucks, and similar vehicles, including on -site storage and incidental maintenance. [Source: NEW]
• Equipment. A commercial establishment that rents construction equipment, large trucks, trailers, and similar vehicles and equipment, including on -site storage and incidental maintenance. Sales office shall be located entirely within an enclosed structure. [Source: NEW] Vehicle Repair Shop . A facility engaged primarily in the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of vehicles, excluding vehicle body and collision service, and tire Division 8 – Definitions Chapter 9.305
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rebuilding, recapping and retreading, with all work conducted wholly within a structure. May include accessory retail sales of vehicle parts, tires, and accessories. [Source: 9.08.020, modified] Vehicle Sales. A commercial establishment having one of the following definitions:
• New. The retail sales of more than one new vehicle, including vehicles such as vans, pickup trucks, sports utility vehicles (SUVs), and other commercially rates vehicles typically purchased for personal use and/or transportation. This may also include ancillary uses, including repair and service to vehicles for sale on the subject site when conducted entirely within an enclosed structure and vehicle detailing. [Source: NEW]
• Used. The retail sales of more than one used vehicle, including vehicles such as vans, pickup trucks, sports utility vehicles (SUVs), and other commercially rates vehicles typically purchased for personal use and/or transportation. This may also include ancillary uses, including repair and service to vehicles for sale on the subject site when conducted entirely within an enclosed structure and vehicle detailing. [Source: NEW]
9.305.250 “W” Land Use Definitions
Warehousing and Distribution Facility. A structure or structures used for the storage of goods of any type, when such structure or structures contain more than 500 square feet of storage space, and where no retail operation is conducted. [Source: NEW]
Wireless Telecommunication Facilities. A facility that includes equipment which supports the transmission and/or receipt of electromagnetic/radio signals. Telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (e.g. wireless internet), specialized mobile radio service facilities, and commercial paging service facilities.
Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of the signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other necessary development. [Source: NEW
9.305.260 “X” Land Use Definitions
No terms defined.
9.305.270 “Y” Land Use Definitions
Yard. Any residential open space on the same parcel with a structure(s) or a dwelling , where such space is unoccupied and unobstructed from the ground upward to the sky, except for the projections or accessory structures allowed by this Development Code.
9.305.280 “Z” Land Use Definitions
No terms defined.
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