The purpose of the modifying districts included in this chapter is to permit special regulations to be invoked where appropriate or necessary in addition to the basic regulations otherwise set forth herein for the zones set forth in Chapters 19.20 through 19.54 CVMC. (Ord. 1212 § 1, 1969; prior code § 33.601(A)).

Whenever the D district is established on the zoning map of the City, the provisions of CVMC 19.14.420 through 19.14.480 relating to site plan and architectural approval shall apply to all uses within said D district, regardless of whether or not such approval is otherwise required for such use herein. (Ord. 1239 § 1; Ord. 1225 § 1; Ord. 1212 § 1, 1969; prior code § 33.601(A)(1)).

See also CVMC 19.12.120 and 19.14.570 through 19.14.580. The purpose of the P precise plan modifying district is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the City. Within the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. (Ord. 1632 § 1, 1975; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.601(A)(3)).

The P modifying district may be applied to areas within the City only when one or more of the following circumstances is evident:

An application for approval of a precise plan shall be accompanied by a detailed dimensioned drawing of the project on a scale of sufficient size so as to readily indicate all dimensions of the various elements of the development. The required elements are as follows:

Plans shall be reviewed by the Planning Commission with recommendations forwarded to the City Council in accordance with the provisions of CVMC 19.14.570. (Ord. 1632 § 2, 1975).

Exceptions to the code requirements of the underlying zone may be granted by the City Council; provided, that these exceptions are so noted in the public hearing notice and findings are made as specified in CVMC 19.14.570. (Ord. 1632 § 2, 1975).

The P modifying district may be used to limit densities within the underlying zone range. However, densities may not be increased above the maximum range within the underlying zone. When the City Council deems it necessary to establish a density limitation in conjunction with the P modifying district, the density established shall be expressed by a number following the P designator. The number assigned will represent the maximum number of dwelling units allowed per net acre of land. (“Net acreage” is the total land area remaining after dedication of a public right-of-way.) (Ord. 1632 § 2, 1975).

Precise plans may be submitted in phases for projects within the P district. However, the submission of the first phase must include all of the required submissions for site plan approval for that portion of the project included within the boundaries of Phase I. The submission of elevations and proposed building materials may be deferred in the first phase until specific architectural concepts are developed.

In addition, a skeletal plan of closely related future phases must be submitted and approved concurrent with the submittal of Phase I. Such skeletal plans shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density, and parking.

The submission of each phase of the precise plan will require a new application and fee together with the required site plans. (Ord. 1632 § 2, 1975).

In carrying out this section the Planning Commission and City Council shall consider the principles set forth in CVMC 19.14.470 (Site plan and architectural approval – Principles to be observed) appropriate to the review of a precise plan. (Ord. 1632 § 2, 1975).

Notwithstanding the provisions of CVMC 19.56.047, plans for multiple-family dwellings and commercial or industrial projects in areas governed by the P precise plan modifying district shall be reviewed by the Planning Commission and shall be considered by the City Council only upon appeal, pursuant to CVMC 19.14.583. (Ord. 3268 § 3, 2013; Ord. 1893 § 1, 1979; Ord. 1771 § 2, 1977).

There is established a supplemental district designated as the E equestrian modifying district, which may be attached to any of the existing single-family residential or agricultural zones in the City. Said district may be formed or initiated by a petition signed by 66-2/3 percent of the property owners within the area proposed to be designated as an equestrian modifying district. Said petition shall be submitted to the Planning Commission, which shall proceed to hold public hearings in accordance with the provisions of this title for the rezoning of property. In addition, the establishment of such a district may be initiated by the Planning Commission or the City Council and said district may from time to time have the boundaries thereof adjusted in accordance with the changed conditions.

The E equestrian modifying district shall be subject to the requirements and conditions set forth in CVMC 19.56.110 and 19.56.120. (Ord. 1364 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.601 (A)(5)).

A horse-keeping district should be generally 20 acres or more in size and must be at least 15 acres in size including the area of all dedicated streets contained therein, and all lots or parcels of property contained within its boundaries shall be contiguous. The boundaries of said district shall be drawn so as to coincide as nearly as practicable with street alignments or other clearly discernible topographic features. (Ord. 1364 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.601(A)(5)(a)).

Upon the establishment of such E district, the following conditions shall apply:

The purpose of planned unit developments is to allow diversification in the relationships of various uses, buildings, structures, and open spaces in planned building groups and the allowable heights of buildings and structures, while insuring substantial compliance to the intent of the zone regulations and other provisions of this title, in order that the intent of this title in requiring adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of large-scale site planning for residential, commercial, industrial or institutional purposes. (Ord. 1500 § 4, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(6)(a)).

Application shall be accompanied by a planned unit development plan, showing the use or uses to be reserved for vehicular and pedestrian circulation; parking; public uses such as schools, playgrounds, and parks; landscaping and other open spaces; undisturbed natural land, erosion control and fire control planting; and architectural drawings and sketches demonstrating the general design and character of the proposed uses and physical relationship of the uses. Such other pertinent information, including density of dwelling units, coverage, and open space characteristics, shall be included as may be necessary to a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. (Ord. 1500 § 4, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(6)(c)).

A tentative subdivision map shall accompany all applications for a planned unit development. The tentative subdivision map shall be in complete conformance with the planned unit development plan and the requirements of CVMC Title 18 and the State Subdivision Map Act. (Ord. 1500 § 4, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(6)(d)).

In order to approve a planned unit development, the Planning Commission and City Council shall find the following:

The minimum lot size and maximum residential density in any PUD modifying district shall be that allowed in the underlying zoning district as specified in this title; provided, however, that City Council may authorize a higher density or a smaller lot size by permitting density to be calculated as specified in the PUD policy. Such increased density or any portion thereof may be authorized by City Council in accordance with standards established in the PUD policy. (Ord. 1500 § 4, 1973; Ord. 1212 § 1, 1969; prior code § 33.601 (A)(6)(f)).

Development standards shall be in conformance with the requirements specified in the PUD policy adopted by the City; however, the City Council may grant exceptions from the standards or other sections of this title in areas relating to height regulations, lot area, lot width, setbacks, frontage requirements, and coverage requirements on any single lot in the review of a planned unit development based on the development of a harmonious, integrated plan. To grant an exception from any other code requirement, such as floor area or parking, the following procedure shall be required:

In carrying out the provisions set forth in CVMC 19.56.130 through 19.56.190, the Planning Commission and City Council shall consider the following principles:

There is established a supplemental district designated as the H hillside modifying district which may be attached to any existing zone in the City. Within the boundaries of any hillside modifying district, the permitted density and extent of grading for residential uses shall be determined by the average natural slope of the portion of the site to be placed in residential use in accordance with the hillside development graph (Figure 1). (Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601 (A)(7)).

The average natural slope of a property shall be determined on the basis of measurements of areas to be devoted to residential use and any open space provided. Any open space to be purchased by a public agency, or any areas devoted to commercial or other nonresidential use, shall be excluded from the acreage to be measured. (Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601 (A)(7)(2)(1)).

Using a scale and contour interval deemed appropriate by the Director of Development Services, or designee, the applicant shall show the boundaries of his site, proposed land uses and acreages of each land use, and the average natural slope of the residential acreage of the site, using the following formula:

S = (0.00229 x I x L) / (A)

Where:

S = Average natural slope in percent

I = Contour interval in feet

L = Length of contours in feet

A = Acres of area being measured

0.00229 = Constant which converts square feet into acres and expresses slope in percent.

The average natural slope shall be certified by a registered civil engineer. Once the average natural slope has been determined, the preceding graph in Figure 1 shall be used to determine the maximum permitted density and the limitations which will be placed on grading. (Ord. 3544 § 1, 2023; Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(7)(a)(2)).

It is the express intent of the ordinance codified in CVMC 19.56.210 through 19.56.290 that the open spaces set aside for either dedication to or purchase by the City shall be consistent with the City’s open space element of the General Plan.

Such consistency shall be made a condition of approval of any development within an H hillside modifying district; provided, however, that additions to and deletions from the open spaces indicated on the City’s open space element may be made, subject to approval by the Planning Commission and the City Council. (Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601 (A)(7)(b)).

Where on-street curb parking is not feasible due to reduced width streets or lanes, on-street parking shall be permitted only in designated parking bays.

Prior to the submission of proposed plans, the applicant shall schedule a meeting with City staff members to discuss the requirements of the hillside modifying district. At this meeting, the applicant shall be prepared to present the following information about his development:

In turn, the staff shall be prepared to discuss with the applicant the requirements of the hillside modifying district and hillside development policy. (Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(7)(e)).

Any lot of record prior to enactment of the ordinance codified in CVMC 19.56.210 through 19.56.290 shall be permitted at least one dwelling unit. (Ord. 1512 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.601(A)(7)(f)).

The purpose of the HP modifying district is to allow for preservation of designated historic districts resources and the story they tell of the City’s growth and development, architectural styles and accessory details, historical themes and development patterns of an area by providing flexibility of zoning regulations. The adopted regulations for the HP modifying district shall take precedence over the otherwise applicable regulations of the underlying zone. (Ord. 3200 § 3, 2011).