CC 04-18-2017 Item No. 7 C. Redline Changes - Single-Story Overlay (2)- 1 -
[Section 19.12.010 – 19.12.020 – No Change]
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Table 19.12.030: Approval Authority
Type of Permit or Decision
A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt. Code
65350-65362
Yes - CA. Govt.
Code 65350-
65362 Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH
CA. Govt. Code
65853 - 65856
Yes -
19.152.020 Minor G - - R F PH Yes -
Single Story Overlay
District - - R F PH Yes -
Zoning Text Amendments - - R F PH CA. Govt. Code
65853 - 65856 - - 19.152.030
Specific Plans - - R F PH CA. Govt. Code
65350-65362 - - 20.04.030
Development Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years
19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt. Code
65905
Yes 2 years 19.156.050 Minor G, I F - A1/F/R A1/A2/F PH Yes 2 years
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CC 4/18/17
Item #7
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Type of Permit or Decision
A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - R F PH CA. Govt. Code
65905/ 300’ Yes 2 years 19.128.030 &
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH
19.12.110/ 300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/ 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non-conforming
Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 19.12.110/
300’ No 1 year 19.104
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Type of Permit or Decision
A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies M 19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP
Adjacent/
Depending on
type of
application
Yes 1 year 14.18.180
Heritage Tree Designation
& Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
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Type of Permit or Decision
A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - 19.12.110/ None No 2 years
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one
of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or
Text Amendments.)
R—Review and recommendation body F — Final decision-making body unless appealed A1 —Appeal Body on first appeal
A2 — Appeal body on second appeal PH – Public Hearing PM – Public Meeting
CP – Comment Period
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F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater
than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural
and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building
architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones
where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
[Section 19.12.040 – 19.20.070 – No Change]
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications
for permits, entitlements, amendments and approvals required by this title shall be filed in
compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to this
Chapter shall be filed with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of
property, or person(s) who have contracted to purchase or lease property contingent upon
their ability to acquire the necessary permit under this title and who have written
authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the following,
unless waived by the Director of Community Development based on the scope of the
proposed project:
1. A complete legal description of the subject property and map showing the location of the
property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways, driveways
and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;,
10. Any property/development with a Homeowner’s Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB;.
11. The Director of Community Development may reasonably require additional information
which is pertinent and essential to the application;.
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
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a. Zoning applications for establishment or removal of a Single-Story Overlay District in
Single Family (R1) zoning districts (Single-Story Overlay District Applications) shall
also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include information
required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a property
owner, or his or her designee, shall also include items identified in Section
19.44.050(H); and.
d. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040.;
13. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per Section
19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050; and.
17. Sign Permit Applications should also include information required per Section 19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of
which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant, deny, or
impose conditions or restrictions on a permit or other action on a permit as well as to conduct
and make any decisions necessary for environmental review under the California
Environmental Quality Act.
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development shall:
A. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-Story
Overlay District Application. The ballot shall, in addition to information related to the
proposal, include the following information:
1. District Map pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of record shall have one (1) vote; and
3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a
completed ballot must be postmarked or received by the City in order to be accepted.
B.C. Not later than a period stipulated in Section 19.12.100, Decision, below:
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1. Set a date for a public hearing or public meeting upon the matter at a regular or special
meeting of the approval authority for the project for applications that require a public
hearing or public meeting, except that Single-Story Overlay District Applications shall be
scheduled for a public hearing, only if the result of the mailed ballot, pursuant to
19.12.090(B) above, indicates support of more than sixty-six and two-thirds (66 2/3)
percent by the property owners within the proposed or existing Single-Story Overlay
District; or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not
need a public hearing or public meeting.
[Section 19.12.100 – No Change]
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications
that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of general
circulation not less than ten days prior to the date of the hearing as provided in Section
65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section 19.12.030
of the exterior boundary of the property for which the application is made as the owner
of record is shown in the last tax assessment roll pursuant to Section 65091 of the
California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or other
essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk requesting
notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant to
subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice,
the Director may provide published notice as provided in Government Code Section
65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the exact
address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the City, of
the proposed project;
d. Reference to the application on file for particulars;
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e. A statement that any interested person, or agent thereof, may contact the city for
additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City action
related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given
in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or publication) shall
be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be
mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the
date of the meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be
mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of
action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice
shall include a copy of the site plan and elevation plans of the proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall
include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other manner it
deems necessary or desirable. If the Director of Community Development believes the project
may have impacts beyond the range of the mailed notice, particularly on nearby residential
areas, the Director, in his or her discretion, may expand noticing beyond the stated
requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith effort to
provide notice, and the failure to provide notice, and the failure of any to receive notice, shall
not prevent the City from proceeding with a hearing, meeting or from taking any action nor
affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street
in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site, except that
for Single-Story Overlay District Applications, the notice(s) shall be installed in the
closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review and Tree
Removal applications in R1 or R2 zones, if the subject site has more than one property
line abutting a street, the applicant may be required to install more than one notice. PR
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c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing and shall
remain in place until an action has been taken on the application and the appeal period
has passed.
3. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if the
address is not known;
b. A brief description of the proposed project, the content of which shall be at the sole
discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at least one
of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic simulation of
the proposed project, in a size deemed appropriate by the Director of Community
Development.
ii. For Two Story Permits and Residential Design Review applications, a color or black
and white perspective drawing or three-dimensional (3-D) photographic simulation
of the proposed project, at least 11 inches by 17 inches in size.
iii. Visual Representation is not required for applications that do not have a material
change in the physical appearance of the property.
[Section 19.12.120 – 19.20.010 – No Change]
19.20.020 Permits Required for Development.
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.060(G)6 19.28.040 (I) of this chapter,
provided that the Planning Commission
determines that the structure will not result in
privacy impacts, shadowing or intrusive noise,
odor, or other adverse impacts to the
surrounding area;
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[Section 19.24.010 – 19.28.030 – No Change]
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19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-Family
Residential district.
Planning permit required prior to
building permit application
Approval
authority
Type of Project
A. None
Admin.
One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section 19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts except
R1-a
3. One-story project with a gable end of a roof enclosing
an attic space projecting outside the building envelope
, subject to requirements of Section 19.28.070 or
19.28.080
4. New or expanded second story deck or balcony with
views into neighboring residential side or rear yards
in all districts except R1-a
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of this
chapter, provided that provided that no such structure
shall infringe upon solar easements or adjoining
property owners
6. One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and with total floor area ratio of
all structures on the lot greater than 35%
C. Director’s Minor Modification,
pursuant to Chapter 19.12,
Administration
Encroachment of porch elements into the required front
yard setback in the R1-a zone, subject to the requirements
of Section 19.28.100.
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home in all districts
that do not require Residential Design Review per Section
19.28.040 (E) except in an R1-a zone.
Planning permit required prior to
building permit application
Approval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration
Admin. with
design review
Two-story addition or new two-story home in all districts
except R1-a where:
1. Second floor to first floor area ratio is greater than
66%, except any second to first floor ratio for
development on building pads/graded areas with
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less than
15 feet to any interior side property line
DRC with
design review
Two-story addition, new two-story home, and/or second
story deck in the R1-a zone
F. Exception, pursuant to Chapter
19.12, Administration & Section
19.28.130, Exceptions DRC
One or two-story project requesting an exception from
Sections 19.28.070 [Development Regulations (Building)],
19.28.080 [Eichler R1-e Building Design Requirements],
and/or 19.28.110 [Landscape Requirements].
G. Hillside Exception, pursuant to
Chapter 19.12, Administration
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Development (area greater than 500 square feet) on slopes
greater than 30%
H. Architectural and Site Approval,
pursuant to Chapters 19.12,
Administration
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal to or
greater than 20% and where the cut plus fill of the site
exceeds 2,500 cubic yards
I. Minor Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home in an R1
zoning district with an “i” suffix
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration
CC
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District (addition
or removal of the “i” suffix in an R1 zoning district)
19.28.050 Zoning Districts Established.
A. Table 19.28.050 (A) below sets forth the zoning districts established.
Zoning Designation Zoning Definition
R1-X Single Family Residential District- Minimum lot area corresponds to the
number (X), multiplied by 1,000 square feet
R1-Xi Residential Single-Family Single-Story Overlay District to limit homes to
one Story (not to exceed 18 feet high)- [minimum lot area corresponds to
the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol].
May be combined with all R1 zoning designations.
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics (10,000
square foot minimum lot area)
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B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In addition to
the application requirements identified in Chapter 19.12.080, the applicant shall submit the
following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or removal
thereof, corresponding to natural or man-made features (including, but not limited to,
streets, waterways, zoning boundaries and similar features,) which would result in the
establishment of an identifiable neighborhood, that includes one (1) or more entire city
block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one
another within a block;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay,
that a minimum of seventy-five (75) percent of the homes within the proposed Single -
Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts relied upon
by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3)
percent of the property owners of record within the proposed or existing Single-Story
District. The petition shall contain information about the proposal including, but not be
limited to, the following:
a. Map pursuant to Section 19.28.050(B)(1)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
[Section 19.28.060 – 19.28.140 – No Change]
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