Culver City City Zoning Code
ARTICLE 5
LAND USE AND DEVELOPMENT PERMIT PROCEDURES
§ 17.500.005 PURPOSE.
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits required by this Title.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.500.010 AUTHORITY FOR LAND USE AND ZONING DECISIONS.
Table 5-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this Title. The Director may defer action on permit applications and refer the item(s) to the Commission for the final decision.
Role of Review Authority. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.640 (Appeals).
Type of Permit or Decision | Procedure is in Chapter | Role of Review Authority
| |||
Director | Board of Zoning Adjustment | Planning Commission | City Council | ||
Type of Permit or Decision | Procedure is in Chapter | Role of Review Authority
| |||
Director | Board of Zoning Adjustment | Planning Commission | City Council | ||
Administrative and Amendments | |||||
General Plan Amendments | Recommend | Decision | |||
Interpretations | Decision | Appeal | Appeal | Appeal | |
Time Extensions | Decision | Appeal | Appeal | ||
Zoning Map Amendments | Recommend | Decision | |||
Zoning Text Amendments | Recommend | Decision | |||
Land Use Permits/Development Approvals | |||||
Administrative Use Permits | Decision | Appeal | Appeal | ||
Administrative Site Plan Review | Decision | Appeal | Appeal | ||
Administrative Modifications | Decision | Appeal | Appeal | ||
Comprehensive Plans | Recommend | Decision | |||
Conditional Use Permits | Decision | Appeal | |||
Density Bonus and Other Incentives | Decision | Appeal | Appeal | ||
Development Agreements | Recommend | Decision | |||
Master Sign Program | Decision | Appeal | Appeal | ||
Reasonable Accommodations | Decision | Appeal | Appeal | ||
Site Plan Review | Decision | Appeal | |||
Specific Plans | Recommend | Decision | |||
Special Event/Temporary Event Permits | Decision | Appeal | Appeal | ||
Temporary Use Permits | Decision | Appeal | Appeal | ||
Tentative Parcel Map | 15.10 | Decision | |||
Tentative Tract Map | 15.10 | Recommend | Decision | ||
Variances | Decision | Appeal | |||
Zoning Clearances | Decision | Appeal | Appeal | ||
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.500.015 APPLICATION PREPARATION AND FILING.
The preparation and filing of applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Code), and other matters pertaining to this Title, shall comply with the following requirements.
A. Preliminary Project Review.
1. Purpose. The purpose of the preliminary project review is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Title, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review.
2. Applicability. Except as allowed by State law for Housing Development Projects, a prospective applicant or agent is required to submit a preliminary project review request with the Division before formal submittal of a project application.
3. Procedure. Upon submittal of a preliminary project review request, the item shall be scheduled for a Project Review Committee (PRC) meeting in accordance with the PRC meeting schedule established by the Division. The applicant shall be invited to attend the PRC meeting, where opportunities for discussion about the project and exchange of information on potential issues between City staff and the applicant takes place. Neither the preliminary project review nor the provision of information and/or pertinent policies shall be construed as a recommendation or an official determination for approval or disapproval of the application or project.
B. Application Contents. Applications shall be filed with the Division on the appropriate City forms, together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information specified in the application form and any applicable Division handout; and any additional information required by the Director, in order to describe clearly and accurately the proposed project, its potential environmental impact, its effect on existing improvements, and to conduct a thorough review of the proposed project.
C. Eligibility for Filing. All zoning approval and other applications required by this Title shall be filed with the Division. Applications may be made by:
1. The owner of the subject property.
2. Any agent or representative, with the written consent of the property owner.
D. Filing Date. The filing date of any application shall be the date on which the application is deemed complete by the Division.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.500.020 APPLICATION FEES.
A. Filing Fees Required. The Council shall, by resolution, adopt a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Title (hereafter referred to as the "City Council Fee Resolution"). The City Council Fee Resolution may be obtained from the Division, and may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Site Plan Review also requires a Variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, rather than a flat application fee(s), in compliance with the City Council Fee Resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete.
B. Refunds and Withdrawals.
1. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds shall be issued due to a disapproval of an application.
2. In the case of an application withdrawal, the Director may authorize a partial refund, based upon the costs incurred to-date and determination of the status of the application at the time of withdrawal.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.500.025 INITIAL APPLICATION REVIEW.
Except as required by State law, each application filed with the Division shall be initially processed as follows.
A. Completeness Review. The Division shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Division will consider an application complete when:
1. All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, any applicable Division handout, and any additional information required by the Director have been provided and accepted as adequate.
2. All necessary fees and deposits have been paid and accepted.
B. Notification of Applicant. The applicant shall receive written notification, within 30 days of submittal, that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.
C. Expiration of Application. If a pending application is not deemed complete within six months after the first filing with the Division, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.
D. Extension of Application. The Director may grant one six-month extension, upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including fees, plans, exhibits and other materials, will be required to commence processing of a new project application on the same property.
E. Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project, in compliance with § 17.500.030 (Environmental Assessment).
F. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State, or Federal law, an application filed in compliance with this Title may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.500.030 ENVIRONMENTAL ASSESSMENT.
After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA, or is not a project as defined by CEQA, whether a negative declaration or a mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. When these determinations are required, the preparation of EIRs shall be in compliance with the City's CEQA Guidelines.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.510.005 PURPOSE.
A Zoning Clearance is a ministerial permit that is used by the Division to verify that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval of permits previously issued for the subject site.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.510.010 APPLICABILITY.
A. Zoning Clearance shall be required in conjunction with Division review of the following activities:
1. Change or intensification. An intensification of the use or a change to a use that is not similar to the previous use, as determined by the Director.
2. Building or Grading Permits. Any building or grading permit.
3. Business Tax Certificate. Any business tax certificate or business license.
4. Other. Any other authorization required by the CCMC or this Title for any new use or change of use.
B. Where no other authorization is required, Zoning Clearance shall be obtained from the Division before the commencement of any business or land use activity.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.510.015 CRITERIA FOR CLEARANCE.
The Director shall grant Zoning Clearance after determining:
A. The request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel, in full compliance with this Title; and
B. The request complies with the City's Comprehensive Standard Conditions of Approval for Discretionary Land Use Permits as adopted by the Commission.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.520.005 PURPOSE.
This Chapter provides a process for reviewing proposed temporary uses, special events and temporary events to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses and special events, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A Temporary Use Permit, Special Event Permit, or Temporary Event Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district but may be considered acceptable because of their temporary nature. These activities are regulated to avoid incompatibility between the proposed activity and surrounding areas.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.520.010 APPLICABILITY.
A. Permit Requirement. A Temporary Use, Special Event Permit, or Temporary Event Permit approved by the applicable review authority shall be required for all uses identified in § 17.520.015 (Allowed Temporary Uses, Special Events, and Temporary Events), and shall be issued before the commencement of the activity.
B. Exempt Activities. The following temporary uses and events are exempt from the requirement for a Temporary Use, Special Event Permit, Temporary Event Permit, and other city approval. Uses other than the following shall comply with § 17.520.015 (Allowed Temporary Uses, Special Events, and Temporary Events).
1. On-site contractor's construction yards, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project.
2. Temporary storage containers less than 180 days, subject to approval of a Temporary Storage Container application as provided in § 17.400.115.
3. Events occurring in meeting halls, theaters, or other permanent indoor or outdoor public assembly facilities subject to all applicable regulations of the CCMC.
4. Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at bookstores, opening receptions at art galleries).
5. Emergency public health and safety activities.
6. Events held in event centers as defined in this Title and approved by the Current Planning Division.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2017-012 § 2 (part); Ord. No. 2019-003 § 2 (part); Ord. No. 2024-006)
§ 17.520.015 ALLOWED TEMPORARY USES, SPECIAL EVENTS, AND TEMPORARY EVENTS.
The following temporary uses, special events or temporary events may be allowed, subject to the issuance of a Temporary Use, Special Event Permit, or Temporary Event Permit by the applicable review authority. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this Chapter in compliance with § 17.520.010 (Applicability).
A. Allowed Temporary Uses.
1. Construction yards. Off-site contractor construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project.
2. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The Temporary Use Permit may be approved for up to one year, or upon expiration of the building permit, whichever occurs first.
3. Seasonal sales lots. Seasonal sales activities (for example, Halloween, Christmas), including temporary residence or security trailers, on non-residential properties. The sales activity may be approved for a maximum of 30 days or a length of time determined to be appropriate by the applicable review authority.
4. Storage. Enclosed temporary storage, unrelated to a construction project, or exceeding 180 days, but in no case exceeding a maximum of one year. See § 17.400.115 (Temporary Storage Containers) for specific standards.
5. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. A permit for a temporary real estate office may be approved for a maximum of one year.
6. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.
7. Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed:
a. During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or
b. Upon demonstration by the applicant that this temporary work site is a short-term necessity, while a permanent work site is being obtained.
The permit for a temporary trailer may be granted for up to one year.
8. Temporary Entertainment and Exhibit Uses. Indoor or outdoor temporary entertainment and exhibit uses related or not related to the primary use of the property and compatible with the zoning district and surrounding land uses. These temporary uses may include, but are not limited to, art exhibits and installations, museums, live or motion picture theatres, circuses and carnivals, and interactive or immersive attractions, and may be permitted for more than 12 days but not more than six consecutive months.
9. Similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.
B. Allowed Special Events and Temporary Events.
1. Special events. The following special events may be allowed:
a. Entertainment and assembly events. Outdoor and/or indoor entertainment and assembly events, including carnivals, circuses, concerts, fairs, farmers' markets, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, secondhand sales, swap meets, and other similar events designed to attract large crowds, and which are held on private or public property, for up to 12 days per calendar year or as determined appropriate by the applicable Review Authority.
b. Display or exhibit events. Outdoor and/or indoor display or exhibit events, including art, cultural, and educational displays, and arts and crafts exhibits on non-residential properties, when not a part of the established primary use of the site, for up to 12 days per calendar year.
c. Outdoor sales events. Special events related to an existing business, with temporary outdoor sale of merchandise, in any commercial zoning district, in compliance with the following provisions:
i. There shall be no more than four sales in any calendar year.
ii. Each sale shall be limited to three consecutive days.
iii. The merchandise displayed shall be that customarily sold on the site.
iv. The site is utilized for a permanently established business holding a valid business tax certificate as required.
2. Similar special events. Similar special events and temporary events, either indoor or outdoor, that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses, for up to 12 days per calendar year or as determined appropriate by the applicable Review Authority.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2017-012 § 2 (part); Ord. No. 2019-003 § 2 (part); Ord. No. 2022-008; Ord. No. 2024-006; Ord. No. 2025-008, Exhibit A (part))
§ 17.520.020 REVIEW AUTHORITY.
A. Director Review. The Director shall be responsible for the review and approval of all permits for temporary uses, special events, and temporary events, identified in § 17.520.015 (Allowed Temporary Uses, Special Events, and Temporary Events), and the extension of these permits.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2017-012 § 2 (part); Ord. No. 2024-006)
§ 17.520.025 APPLICATION FILING AND PROCESSING.
An application for a Temporary Use Permit, Special Event Permit, or Temporary Event Permit shall be filed with the Division and processed as follows.
A. Application Contents. The application shall be made on forms furnished by the Division and shall be accompanied by the information identified in any applicable City handouts and permit applications.
B. Time for Filing. A temporary use, special event or temporary event permit application shall be filed as follows.
1. Temporary use permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use.
2. Special event and temporary event permit. A special event or temporary event permit application shall be filed at least seven days in advance of a proposed minor event, and 14 days in advance of a proposed major event. The Director shall determine whether a proposed special event or temporary event is minor or major, based on the characteristics of, and activities associated with, the event, and the likely impacts on the surrounding community.
3. Additional permits required. Temporary uses, special events and temporary events may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.520.030 CONDITIONS OF APPROVAL.
In approving a Temporary Use Permit, Special Event Permit, or Temporary Event Permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that:
A. The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority.
B. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints.
C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property.
D. The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Title.
E. The use or event will comply with all applicable provision of local, State and Federal laws or regulations.
F. Any other pertinent factors affecting the operation of the temporary use or special event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this Chapter.
1. Conditions may require the provision of:
a. Sanitary and medical facilities.
b. Security and safety measures.
c. Solid waste collection and disposal.
2. Conditions may regulate:
a. Nuisance factors, including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations.
b. Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested.
c. Temporary signs.
d. Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2022-008; Ord. No. 2024-006)
§ 17.520.035 DEVELOPMENT AND OPERATING STANDARDS.
A. General Standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards, which apply to the category of use or the zoning district of the subject parcel, shall be used as a guide for determining the appropriate development standards for temporary uses and special events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.
B. Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Chapter 17.300 (General Property Development and Use Standards), as applicable to the use, in addition to those identified in § 17.520.035.A. above, and § 17.520.030 (Conditions of Approval).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2019-003 § 2 (part); Ord. No. 2024-006)
§ 17.520.040 POST-APPROVAL PROCEDURES.
The approval or denial of a Temporary Use Permit, Special Event Permit, or Temporary Event Permit may be appealed in compliance with Chapter 17.640 (Appeals). The procedures of Chapter 17.595 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of the permit.
A. Condition of the Site Following a Temporary Use or Special Event. Each site occupied by a temporary use or special event shall be cleaned of debris, litter or any other evidence of the temporary activity, on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title.
B. Revocation. A Temporary Use, Special Event Permit, or Temporary Use Permit may be revoked or modified, with only a 24-hour notice, in compliance with Chapter 17.660 (Revocations and Modifications).
C. Extension of the Permit.
1. Temporary Uses. The Director may extend the operational length of a temporary use or special event if the delay is beyond the control of, and was not the result of actions by, the permittee.
D. Expiration of Permit. A Temporary Use, Special Event Permit, or Temporary Event Permit shall be considered to have expired when the approved use has ceased or been suspended.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.005 PURPOSE.
This Chapter provides procedures for reviewing Administrative Use Permit and Conditional Use Permit applications intended to allow for specified activities and uses, as identified in the various zoning districts, whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for Administrative Use Permits and Conditional Use Permits shall be reviewed for compatibility, configuration, design, location, and potential impacts of the proposed use, and suitability of the use to the site and surrounding area.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.010 APPLICABILITY.
An application for an Administrative Use Permit or Conditional Use Permit shall be required for a specified land use listed in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) as being subject to approval of an Administrative Use Permit or Conditional Use Permit.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.015 APPLICATION FILING, PROCESSING, AND REVIEW.
A. Filing. An application for an Administrative Use Permit or Conditional Use Permit shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by § 17.530.020 (Findings and Decision) below.
B. Required Community Meetings. Notice and hearings regarding an application for a Conditional Use Permit or a major modification to an approved Conditional Use Permit, shall be provided in compliance with Chapter 17.625 (Required Community Meetings).
C. Notice, Hearings, and Administrative Review. Notice, hearings and administrative review regarding an application for an Administrative Use Permit or Conditional Use Permit shall be provided in compliance with Chapter 17.630 (Public Hearings and Administrative Review), and as follows.
1. Administrative Use Permits. The Director shall conduct an administrative review of an application for an Administrative Use Permit.
2. Conditional Use Permits. The Commission shall conduct a public hearing on an application for a Conditional Use Permit.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.020 FINDINGS AND DECISION.
Following an administrative review or public hearing, the appropriate review authority shall record the decision in writing with the findings on which the decision is based. The Administrative Use Permit or Conditional Use Permit may be approved, with or without conditions, only after first making all of the following findings, and any additional findings required for the approval of specific land uses in Article 4 (Standards for Specific Land Uses).
A. The proposed use is allowed within the subject zoning district with the approval of an Administrative Use Permit or Conditional Use Permit and complies with all other applicable provisions of this Title and the CCMC.
B. The proposed use is consistent with the General Plan and any applicable Specific Plan.
C. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity of the subject site.
D. The subject site is physically suitable for the type and intensity of use being proposed, including access, compatibility with adjoining land uses, shape, size, provision of utilities, and the absence of physical constraints.
E. The establishment, maintenance or operation of the proposed use will not be detrimental to the public interest, health, safety, or general welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.025 CONDITIONS OF APPROVAL.
In approving an Administrative Use Permit or Conditional Use Permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions that may include, but are not limited to, the City's Comprehensive Standard Conditions of Approval for Discretionary Land Use Permits as adopted by the Commission to ensure that the approval will be in compliance with the findings required by § 17.530.020 (Findings and Decision), above.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.530.030 POST-APPROVAL PROCEDURES.
A. General Procedures. Procedures relating to appeals, revocations and modifications, as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of an Administrative Use Permit or Conditional Use Permit application.
B. Permit Validity. An Administrative Use Permit or Conditional Use Permit granted pursuant to the provisions of this Chapter that is valid and in effect, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of one year, the use permit shall be deemed to be expired and shall become null and void. Upon expiration, further continuation of the activity on-site will require approval of a new Administrative Use Permit or Conditional Use Permit application.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.005 PURPOSE.
This Chapter provides procedures and standards for the comprehensive review of proposed development projects to: ensure compliance with the required standards, design guidelines, and ordinances of the City; minimize potential adverse effects on surrounding properties and the environment; and protect the integrity and character of the residential, commercial and public areas of the City. The specific purposes of this Chapter are as follows.
A. Develop property in a manner that respects the physical and environmental characteristics of each site, and will complement surrounding properties and the City in general;
B. Ensure that each new development is designed to best comply with the purpose and intent of the zoning district in which the property is located, and does not have an adverse effect on the aesthetic, architectural, health, and safety-related qualities of adjoining properties or upon the City in general;
C. Ensure access to each property and a circulation pattern that is safe and convenient for both pedestrians and vehicles;
D. Ensure the orderly and harmonious appearance of structures with associated site improvements (e.g., landscaping, parking areas, signs, and the like); and
E. Implement and promote the goals and policies of the General Plan.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.010 APPLICABILITY.
A. Administrative Site Plan Review - Subject to Review. Administrative Site Plan Review shall be required for:
1. Residential. The construction of a new residential project of three to 25 units, or the addition of three or more units to an existing residential project that would result in no more than 25 units.
2. Non-residential. Construction of a new building of between 5,000 to 15,000 gross square feet; or the addition of between 5,000 to 15,000 net square feet to an existing building within a one-year period.
3. Mixed use. The construction of a mixed use project that meets the thresholds above for residential and/or non-residential uses.
4. Low barrier navigation centers.
B. Site Plan Review - Subject to Review. Site Plan Review shall be required for:
1. Residential. The construction of a new residential project of 26 or more units, or the addition to an existing residential project that would result in 26 or more units.
2. Non-residential. Construction of a new building of more than 15,000 gross square feet or more; or the addition of more than 15,000 net square feet or more to an existing building within a one-year period.
3. Mixed use. The construction of a mixed use project that meets the thresholds above for residential or non-residential uses.
C. Exempt from Review. Activities and structures identified in § 17.110.010 (Exemptions from Land Use Permit Requirements).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.015 APPLICATION FILING, PROCESSING, AND REVIEW.
A. Filing. An application for an Administrative Site Plan Review or Site Plan Review shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by § 17.540.020 (Findings and Decision) below.
B. Notice, Hearings, and Administrative Review. Notice, hearings and administrative review regarding an application for an Administrative Site Plan Review or a Site Plan Review shall be provided in compliance with Chapter 17.630 (Public Hearings and Administrative Review).
C. Designated Review Authority. The Director shall be the designated review authority on each Administrative Site Plan Review application. The Commission shall be the designated review authority on each Site Plan Review application.
D. Referral to the Planning Commission. If the Director determines that there are unusual circumstances or special conditions related to an application, the Director may defer action and refer such application to the Commission for final decision.
E. Project Review Procedures. An Administrative Site Plan Review or a Site Plan Review shall be conducted by comparing the proposed project to applicable General Plan policies, any applicable specific plan, adopted development and objective design standards, design guidelines, and other applicable City ordinances. In conducting an Administrative Site Plan or Site Plan Review for a particular project, the reviewing authority may also consider the location, design, site plan configuration, and the overall effect of the proposed project upon surrounding properties and the City in general per § 17.540.020 (Findings and Decision).
F. Required Community Meetings. Notice and hearings regarding an application for an Administrative Site Plan Review or Site Plan Review shall be provided in compliance with Chapter 17.625 (Required Community Meetings).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.020 FINDINGS AND DECISION.
Following an administrative review or public hearing, the appropriate review authority shall record the decision in writing, with the findings on which the decision is based. The Administrative Site Plan Review or Site Plan Review may be approved, with or without conditions, only after first making specific findings as outlined below, and any additional findings required for the approval of specific land uses in Article 4 (Standards for Specific Land Uses).
A. Findings for Approval of Housing Development Projects.
1. Project does not have a specific, adverse impact on public health or safety. A "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions in existence on date application was deemed complete.
2. The project is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development and objective design standards, as existed on the date the application was deemed complete.
3. The proposed project is consistent with the General Plan and any applicable specific plan.
4. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.
B. Findings for Denial or Reduced Density of Housing Development Projects. Housing development projects consistent with the General Plan, Zoning Code and objective design standards can only be denied if the findings in Cal. Gov’t Code § 65589.5(j)(1) can be made.
C. Findings for Denial or reduced Density of Housing Development Projects with 20% Affordability. Housing development projects with 20% affordable units and consistent with the General Plan, Zoning Code and objective design standards can only be denied if the findings in Cal. Gov’t Code § 65589.5(d) can be made.
D. All Other Projects.
1. The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
2. The architectural design of the structure(s), and their materials and colors, are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
3. The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development and design standards and design guidelines.
4. The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare.
5. The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.
6. The proposed project is consistent with the General Plan and any applicable specific plan.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.025 CONDITIONS OF APPROVAL.
The Director may approve or recommend approval of a Site Plan Review for a proposed project in compliance with § 17.540.020 (Findings and Decision), and may impose conditions upon the project, including but not limited to, the City's "Comprehensive Standard Conditions of Approval for Discretionary Land Use Permits," as adopted by the Commission to ensure that the project will meet all of the required findings. Conditions may relate to both on- and off-site improvements that are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the respective zoning district, and all applicable development standards and design guidelines.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.540.030 POST-APPROVAL PROCEDURES.
Procedures relating to appeals, notices, revocations and modifications, as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Site Plan Review.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.550.005 PURPOSE.
The provisions of this Chapter allow for:
A. Administrative Modification of specific development standards of this Title, when the strict application of those standards creates an unnecessary, involuntarily-created hardship, or unreasonable regulation that makes it impractical to require compliance with the development standards.
B. Variances from the development standards of this Title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts.
C. Reasonable accommodations from specific development standards of this Title when the strict application of those standards would make it impractical for an individual with a disability to have an equal opportunity to use and enjoy a dwelling unit.
(Ord. No. 2005-007 § 1 (part); Ord. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.550.010 APPLICABILITY.
A. Administrative Modification. The Director may grant an Administrative Modification for only the development standards identified in Table 5-2 (Administrative Modifications). Except for an Administrative Modification for a sign, an Administrative Modification may be granted only once for a specific type of request per parcel. A request exceeding the limitations identified in Table 5-2 (Administrative Modifications) shall require the filing of an application for a Variance. Nonconforming parcels that comply with the criteria for a legal building site pursuant to CCMC § 17.610.035 shall be eligible for an administrative modification request and may be granted an administrative modification provided findings pursuant to CCMC § 17.550.020.A. can be made.
Types of Administrative Modification Allowed
| Maximum Adjustment |
Types of Administrative Modification Allowed
| Maximum Adjustment |
1. Fence, walls, or retaining walls. Fences, gates, pilasters, or walls in the side or rear yards that exceed 6 feet in height. | Not to exceed 8 feet |
2. Distances between structures. A decrease in the minimum distance between a detached accessory structure and the main structure | 10% |
3. Open space. A decrease in the minimum open space requriements. | 10% |
4. Parking. A decrease in the minimum parking lot and loading dimensions (e.g., aisle, driveway, and space widths). | 10% |
5. Projections. An increase in the allowed projections into setbacks in compliance with § 17.300.020 (Setback Regulations and Exceptions). | 10% |
6. Setbacks. A decrease in the minimum required setbacks. | 10% |
7. Structure height. An increase in the maximum allowable structure height; proided that the increase complies with the height limitation established by the 1990 City of Culver City initiative. | 10% |
8. Sign. An increase in the sign area of the allowed total area of a permanent sign, including applicable cumulative sign area. | 10% |
B. Variance. The Commission may grant a Variance from the requirements of this Title; except that a Variance shall not allow a use of land not otherwise allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards).
C. Reasonable Accommodation. The Director may grant reasonable accommodations from the requirements of this Title that may be necessary to ensure equal access to housing for an individual with a disability.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2022-008; Ord. No. 2024-006; Ord. No. 2025-010, Exhibit A (part))
§ 17.550.015 APPLICATION FILING, PROCESSING, AND REVIEW.
A. Filing. An application for an Administrative Modification, a Variance or a Reasonable Accommodation shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by CCMC § 17.550.020 (Findings and Decision) below.
B. Notice and Hearings. Notice and hearings regarding an application for a Variance, an Administrative Modification or a Reasonable Accommodation shall be provided in compliance with Chapter 17.630 (Public Hearings and Administrative Review), and as follows.
1. Administrative Modification. The Director shall conduct an administrative review of an application for an Administrative Modification.
2. Variance. The Commission shall conduct a public hearing on an application for a Variance.
3. Reasonable Accommodation. The Director shall conduct an administrative review of an application for a Reasonable Accommodation.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.550.020 FINDINGS AND DECISION.
A. Administrative Modification Findings. The Director shall record the decision in writing, with the findings on which the decision is based. The Administrative Modification may be approved, with or without conditions, only after making all of the following findings.
1. The strict application of the applicable development standard creates an unnecessary, involuntarily-created hardship, or unreasonable regulation that makes it obviously impractical to require compliance with the development standards.
2. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
3. The project is consistent with the General Plan and complies with all other applicable provision of this Title.
B. Variance Findings. The Commission shall record the decision in writing, with the findings on which the decision is based. The Variance may be approved, with or without conditions, only after making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, and topography), or to the intended use of the property, so that the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2. The strict application of the applicable development standard creates an unnecessary, involuntarily-created hardship, or unreasonable regulation that makes it obviously impractical to require compliance with the development standards.
3. The Variance is necessary for the preservation and enjoyment of substantial property rights, possessed by other property owners in the same vicinity and zoning district, and denied to the property owner for which the Variance is sought.
4. The project is consistent with the General Plan and complies with all other applicable provisions of this Title.
5. Approval of the Variance would not be detrimental to the public health, interest, safety, or general welfare, and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
C. Reasonable Accommodation Findings. The Director shall record the decision in writing with the findings on which the decision is based. The Reasonable Accommodation may be approved with or without conditions only after making all of the following findings:
1. The dwelling, which is the subject of the request for reasonable accommodation will be used by an individual with a disability.
2. The requested accommodation is necessary to make the dwelling available to an individual with a disability.
3. There is no reasonable alternative accommodation that will comply or come closer to complying with the development standards of this Title.
4. Approval of the reasonable accommodation would not be detrimental to the public health, interest, safety, or general welfare, and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.550.025 CONDITIONS OF APPROVAL.
In approving an Administrative Modification, a Variance, or Reasonable Accommodation the review authority may impose reasonable and necessary specific design, locational, and operational conditions, which may include, but are not limited to, the City's Comprehensive Standard Conditions of Approval for Discretionary Land Use Permits as adopted by the Commission to ensure that the approval will be in compliance with the findings required by § 17.550.020 (Findings and Decision) above.
A. Reasonable Accommodation Conditions of Approval. The following shall apply to the approval of a reasonable accommodation:
1. Approval of a reasonable accommodation shall be granted to an individual and shall not run with the land unless the Director also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with the requirements of this Title.
2. Prior to the issuance of any permits relative to an approved reasonable accommodation the Director may require the applicant to record a covenant in the County Recorder's Office acknowledging and agreeing to comply with the terms and conditions established in the decision. The covenant shall be required only if the Director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved and may not apply to future owners and/or tenants.
B. Duration of Reasonable Accommodation. A reasonable accommodation shall not be considered permanent and shall be subject to the following:
1. The Reasonable Accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to the findings in § 17.550.020.C.
2. Within 60 days of the termination of the tenancy by the individual with a disability, the Reasonable Accommodation shall be removed unless the Director has determined that the Reasonable Accommodation may remain as provided in § 17.550.025.A.2.
3. A Reasonable Accommodation request shall be null and void if an individual with a disability fails to take advantage of said approval within one year or if said individual with a disability terminates tenancy prior to installing Reasonable Accommodation related structures.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.550.030 POST-APPROVAL PROCEDURES.
Procedures relating to appeals, notices, revocations and modifications, as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of an Administrative Modification, a Variance, or a Reasonable Accommodation application.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)
§ 17.560.005 PURPOSE.
This Chapter provides procedures for reviewing Comprehensive Plans, which allow for flexibility in the application of zoning code standards to proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and other impacts than the zoning code standards would produce without adjustment.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.560.010 APPLICABILITY.
An application for a Comprehensive Plan shall be filed with the Division, when required for development in the PD Zone in compliance with Chapter 17.240 (Planned Development Zoning Districts). Comprehensive Plans proposed for development within the OS Zone shall comply with § 17.250.030 (Open Space District Requirements), in addition to the requirements of this Chapter.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.560.015 APPLICATION FILING, PROCESSING, AND REVIEW.
A. Filing. An application for a Comprehensive Plan shall be completed, filed, and processed in compliance with Chapter 17.500 (Applications, Processing, and Fees). The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by this Title or the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by § 17.560.020 (Findings and Decision) below; or the findings required by § 17.250.030.E. (Comprehensive Plan Findings) for the OS Zone.
B. Comprehensive Plan Requirements. All Comprehensive Plans shall be prepared and endorsed by a professional team, which shall include a licensed landscape architect, a registered civil engineer and a licensed architect, as applicable, and shall include, but not be limited to, the following.
1. A site plan, showing building(s), various functional use areas, parking and circulation.
2. A description of development standards, which may include, but not be limited to, building heights, setbacks, parking, and the like.
3. Preliminary building plans, including floor plans and exterior elevations.
4. Landscaping plans, including a plant palette.
5. Lighting and signage plans.
6. Civil engineering plans, including site grading, public rights-of-way improvements, drainage, trash/recycling areas, and public utility extensions, as necessary.
7. Proposed use and occupancy, construction type, building height and area of each building or structure, and proposed distances between buildings or structures, and setbacks to property lines.
8. Other information or applicable materials as may be deemed necessary by the Director.
C. Notice and Hearings. Notice and hearings regarding an application for a Comprehensive Plan, or a modification to an approved Comprehensive Plan, shall be provided in compliance with Chapter 17.630 (Public Hearings and Administrative Review).
D. Required Community Meetings. Notice and hearings regarding an application for a Comprehensive Plan, or a major modification to an approved Comprehensive Plan, shall be provided in compliance with Chapter 17.625 (Required Community Meetings).
E. Review Authority. A Comprehensive Plan shall be approved by the adoption of an ordinance or disapproved by a resolution of the Council, after consideration of the Commission's recommendation.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2022-008; Ord. No. 2024-006)
§ 17.560.020 FINDINGS AND DECISION.
The Commission, in conjunction with a public hearing, shall review and make recommendations to the Council regarding the Comprehensive Plan. The Council, after a public hearing, may approve, conditionally approve, or disapprove a Comprehensive Plan. A Comprehensive Plan may be approved, provided the facts submitted and evaluated during the review process support the following findings.
A. The proposed Comprehensive Plan can be substantially completed within four years.
B. The proposed development is capable of creating an environment of sustained desirability and stability, or adequate assurance will be provided such objective will be attained.
C. The proposed uses will not be substantially detrimental to present and potential surrounding uses but will have a beneficial effect.
D. The streets and thoroughfares serving the development are suitable and adequate to carry anticipated traffic, and the development will not generate traffic that will overload the adjacent street network.
E. The proposed development is compatible with the surrounding area.
F. The types and locations of any proposed commercial development can be economically justified.
G. The Comprehensive Plan is in conformance with the General Plan, or a concurrent General Plan amendment is in process.
H. Any exception from the standards and requirements of this Title is warranted by the design and amenities incorporated in the Comprehensive Plan and is desired by the Council.
I. Existing and proposed utility services are adequate for the proposed uses.
J. The Comprehensive Plan has complied with all applicable City requirements.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.560.025 COMPREHENSIVE PLAN MODIFICATIONS, MAJOR AND MINOR.
A. Major changes or alterations to an approved Comprehensive Plan shall be considered by the Commission at a public hearing, which shall make recommendations to the Council. The Council may then approve, conditionally approve, or disapprove the proposed changes or alterations, after a public hearing.
B. The Director may administratively approve minor changes or alterations to an approved Comprehensive Plan, subject to appeal pursuant to Chapter 17.640 (Appeals); provided the Director makes the following findings:
1. The proposed changes are consistent with the intent of the approved Comprehensive Plan;
2. The proposed changes will not adversely impact the environment;
3. The proposed changes will not be detrimental to the surrounding uses;
4. The proposed changes will not significantly increase traffic levels on existing streets and thoroughfares within and surrounding the development; and
5. Any proposed change, which requires exception from standard ordinance requirements, is warranted by the design and amenities incorporated into the approved Comprehensive Plan.
C. If the Director determines the above findings cannot be made, then the request shall be considered a major change, and referred to the Commission for review at a public hearing, and to Council for review at a public hearing.
D. Maintenance, rehabilitation, renovation, and reconstruction of existing structures, which will not alter the site plan, shall not require a Comprehensive Plan or any Comprehensive Plan modification, minor or major.
E. All determinations required by this Subsection are subject to appeal pursuant to Chapter 17.640 (Appeals).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.560.030 CONDITIONS OF APPROVAL.
The Council may approve a Comprehensive Plan in compliance with § 17.540.020 (Findings and Decision), and may impose conditions upon the project, including but not limited to, the City's "Comprehensive Standard Conditions of Approval for Discretionary Land Use Permits," as adopted by the Commission to ensure that the project will meet all of the required findings. Conditions may relate to both on- and off-site improvements that are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the Comprehensive Plan and all applicable development standards and design guidelines.
Nothing in this Chapter shall preclude the Commission from recommending, and the Council from approving, a Comprehensive Plan in concept only, and requiring subsequent discretionary review of that Comprehensive Plan.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.560.035 POST-APPROVAL PROCEDURES.
Procedures relating to appeals, notices, revocations and modifications, as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Comprehensive Plan application.
The Council may modify any provisions of this Section after consideration of the Commission recommendations.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.570.005 PURPOSE.
This Chapter provides procedures for preparing, processing, reviewing, adopting and amending a Specific Plan. A Specific Plan can be used to systematically implement the General Plan for any part of the City. As a charter city, Culver City utilizes its own Specific Plan content requirements, which vary from and are not required to follow standard State content requirements for Specific Plans, (Cal. Gov’t Code § 65451).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.570.010 INITIATION OF SPECIFIC PLANS.
A Specific Plan may be initiated in the following manner:
A. City. By a Resolution of Intention adopted by the Council; or
B. Property Owner. By an application in compliance with Chapter 17.500 (Applications, Processing, and Fees). For Specific Plans proposed by private property owners, the project area may be one parcel under single ownership, or a combination of adjoining parcels subject to a unified planning concept, with the full written concurrence of all applicable property owners.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.570.015 PREPARATION AND CONTENT OF SPECIFIC PLANS.
The initiator shall prepare a draft Specific Plan for review by the City, which includes detailed information in the form of text and diagrams, organized in compliance with an outline furnished by the Division. The following information shall be provided.
A. Relationship to General Plan. A discussion of the relationship of the Specific Plan to the objectives, policies, general land uses, and programs of the General Plan.
B. Land Uses. The distribution, location, and extent of land uses within the area covered by the Specific Plan, including open space areas.
C. Development Standards. Standards, criteria, and guidelines by which development would proceed, including required improvements to public facilities such as streets, parks, and other amenities identified in the specific plan area.
D. Additional Information. The Specific Plan shall contain any additional information determined to be necessary by the Director, based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue(s) determined by the Director to be significant.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.570.020 FILING, PROCESSING AND ADOPTION OF SPECIFIC PLANS.
A. Filing and Initial Processing. A draft Specific Plan proposed by a property owner shall be filed with the Current Planning Division and shall be accompanied by the fee required by the City Council Fee Resolution. A draft plan proposed by an applicant, or prepared by the City, shall then be processed in the same manner as required for General Plans by State law (Cal. Gov’t Code §§ 65350 et seq.), and as provided by this Section.
B. Division Evaluation. After the receipt of a draft Specific Plan, the Division shall conduct an initial review of the draft Specific Plan, in compliance with § 17.500.025 (Initial Application Review), to determine whether it complies with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant, with a written explanation of why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the Division, and the Division determines it is complete and in compliance with this Chapter, the plan shall be deemed to be accepted for processing.
C. Environmental Review. The draft Specific Plan shall be subject to environmental review in compliance with the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines.
D. Required Community Meetings. Notice and hearings regarding an application for a Specific Plan shall be provided in compliance with Chapter 17.625 (Required Community Meetings).
E. Public Hearings. A proposed Specific Plan shall be subject to public hearings before both Commission and Council before its adoption, as follows:
1. Commission. The hearing shall receive public notice and be conducted in compliance with Chapter 17.630 (Public Hearings and Administrative Review). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council; and
2. Council. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the Specific Plan based on the findings contained in § 17.570.020.F. below. If the Council proposes to adopt a substantial modification not previously considered by the Commission during its hearings, the proposed modification may first be referred back to the Commission for its recommendation. The Specific Plan shall be adopted by ordinance and shall become effective 30 days following the date the decision is rendered by the Council.
F. Conformance with the General Plan. The Council shall adopt a Specific Plan only if it finds that the proposed plan is consistent with the objectives, policies, general land uses, and programs of the General Plan and other adopted goals and policies of the City.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.570.025 IMPLEMENTATION AND AMENDMENTS.
A. Development within Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by a Specific Plan only if first found consistent with the Specific Plan. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with State law (Cal. Gov’t Code § 65456).
B. Amendments.
1. An adopted Specific Plan shall be amended through the same procedure specified by this chapter for the adoption of a Specific Plan.
2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Cal. Gov’t Code § 65453).
C. Modifications. Development standards identified in an adopted Specific Plan may be modified, by either the Director, or Commission, only as specified in the Specific Plan.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.580.005 PURPOSE.
A. This Chapter provides requirements and incentives for the development of Affordable Housing Units as provided under State law. These provisions are intended to implement General Plan policies encouraging the production of affordable housing for all economic groups, and housing for disabled and older residents, transitional foster youth, disabled veterans, and homeless persons as defined in Cal. Gov’t Code § 65915, as modified from time to time, all of which is integrated, compatible with and complements adjacent uses, and is located near public and commercial services.
B. The incentives and concessions offered in this Article are used by the City to facilitate housing affordable to all economic groups and to meet its regional fair share requirements for the construction of housing affordable to Extremely Low-, Very Low-, Low-, and Moderate-Income Households. Additionally, this section aims to implement the goals, objectives, and policies of the Housing Element of the City's General Plan to increase the feasibility of developing affordable housing in Culver City and decrease housing insecurity within the City.
C. All references in this Ordinance to the State Density Bonus Law refer to Cal. Gov’t Code §§ 65915 et seq.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.010 DEFINITIONS.
Certain words and phrases are defined within this Chapter. Where it appears from the context of such words, phrases, or provisions that a different meaning is intended, the definition shall be as determined by the Director.
A. Affordable Housing Agreement (AHA). An agreement approved by the City between a commercial Developer and a housing Developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent. An Affordable Housing Agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial Developer and the housing Developer are each partners, members, shareholders, or other participants, or a contract between the commercial Developer and the housing Developer for the development of both the commercial development and the Residential Development Project.
B. Affordable Housing Cost. Is used within this Chapter with the same meaning as defined in Cal. Health and Safety Code § 50052.5.
C. Affordable Rent. The maximum monthly rent, including all fees for housing services and a utility allowance as determined by the Los Angeles County Development Authority, which does not exceed the following, based on Presumed Occupancy Levels:
1. For Extremely Low-Income Households: 30% of Area Median Income multiplied by 30% and divided by 12.
2. For Very Low-Income Households: 50% of Area Median Income multiplied by 30% and divided by 12.
3. For Low-Income Households: 60% of Area Median Income multiplied by 30% and divided by 12.
4. For Moderate-Income Households: 120% of Area Median Income multiplied by 30% and divided by 12.
D. Affordable Unit. An ownership or rental dwelling unit whose price is set at an Affordable Housing Cost as defined in this Chapter.
E. Area Median Income (AMI). The median income for Los Angeles County, adjusted for household size, as published annually in Cal. Code of Regulations Title 25, § 6932 (or its successor provision) by the California Department of Housing and Community Development (HCD).
F. Base Density Bonus. The additional number of units that a Developer is entitled to add to a Residential Development Project based on meeting specific criteria, without combining it with any other bonuses or incentives. It represents the fundamental density increase granted independently of any additional bonuses.
G. Base Unit. Represents a unit of housing, such as an apartment or house, as defined by zoning regulations or development standards before any additional density bonuses or incentives are applied. The Base Unit serves as the foundational unit for calculating potential increases in development capacity or density.
H. Community Benefit Bonus. Refers to additional incentives for Residential Development Projects that provide specific community enhancements pursuant to § 17.580.030 of this Chapter.
I. Concession. A reduction or modification of development standards or requirements granted to a project, such as height, setbacks, or parking. Concessions must result in identifiable cost reductions for the project in accordance with applicable housing laws, such as the State Density Bonus Law. Each deviation is considered one concession.
J. Culver City Transit Priority Area. Culver City Transit Priority Areas are all parcels which are partially or wholly within one-half mile of the geographical center of the following transit locations and any future transit locations, as determined by the City:
1. Culver City Metro Station.
2. La Cienega Metro Station.
3. Sepulveda/Venice Intersection.
4. Westfield-Culver City Transit Center.
K. Density Bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City as per Cal. Gov’t Code § 65915 and/or the provisions of this Chapter.
L. Extremely Low-, Very Low-, Low-, and Moderate-Income Households. Households whose incomes do not exceed the Extremely Low-, Very Low-, Low-, or Moderate-Income limits, as applicable, established for Los Angeles County and adjusted for household size that are published annually in Cal. Code of Regulations Title 25, § 6932 (or its successor provision) by HCD.
M. High-Quality Transit Corridor. Per Cal. Public Resources Code § 21155, a High-Quality Transit Corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a High-Quality Transit Corridor if all parcels within the project have no more than 25% of their area farther than one-half mile from the corridor and if not more than 10% of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the corridor.
N. Household Income. The gross annual household income, monetary benefits, and all other sources of household income, before deductions or exemptions, and includes the income of all members of the household 18 years of age or older.
O. Marketing Plan. A plan that describes how the applicant will inform the public, and those within the appropriate income groups, of the availability of Affordable Housing Units.
P. Neighborhood-Oriented Commercial Space. Refers to commercial establishments that primarily cater to the everyday needs and preferences of local residents. These spaces are meant to enhance the quality of life within residential neighborhoods by providing convenient access to essential goods, services, or community enrichment opportunities. Neighborhood-Oriented Commercial Spaces are limited to uses outlined in § 17.580.030.F.
Q. Presumed Occupancy Levels. As listed below, these shall be used to establish affordable ownership cost and affordable rents, unless the residential development project is financed with federal tax credits, in which case the applicable federal regulations shall determine the Presumed Occupancy Levels:
1. One person for a studio unit;
2. Two people for a one-bedroom unit;
3. Three people for a two-bedroom unit; and
4. One additional person for each additional bedroom thereafter.
R. Resale Controls and/or Rent Restrictions. The restrictions, set forth by the City of Culver City or by state and/or federal law, by which the rents paid on rental Affordable Housing Units and the sales price for ownership Affordable Housing Units are limited to ensure that the unit remains affordable to Acutely Low, Extremely Low, Very Low- or Low-Income households for a term of no less than 55 years or affordable to Moderate-Income households for a term of no less than 45 years. With respect to rental units, such rent restrictions shall be in the form of a regulatory agreement recorded against the applicable property. With respect to owner-occupied units, such resale controls shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the applicable property. Affordability restrictions and terms shall be consistent with State Density Bonus Law.
S. Residential Development Project. Shall have the same definition as Cal. Gov’t Code § 65589.5(h)(2). Residential Development Projects also includes a shared housing building development and a residential care facility for the elderly, as defined in Cal. Health and Safety Code § 1569.2.
T. Tier Density Bonus. Refers to a system of progressively increasing density incentives for Residential Development Projects based on the proportion of Affordable Units provided and the project's proximity to transit pursuant to § 17.580.025.
U. Waiver. An exemption or relinquishment of a specific requirement, rule, regulation, or any development standard that will have the effect of physically precluding the construction of a development meeting specified criteria and affordability thresholds at the densities or with the concessions or incentives permitted by State law, provided such Waivers meet specific criteria and reasonable documentation is provided to demonstrate physical infeasibility if all development standards are applied.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.015 APPLICABILITY.
A. The provisions of this Chapter apply to Residential Development Projects consisting of two or more dwelling units.
B. Projects with special targeting, including foster youth, disabled veterans, unhoused individuals, or other populations with specific needs, may be subject to additional requirements or incentives, as outlined in applicable local, state, or federal regulations.
C. The density bonus and other bonus incentive provisions of Cal. Gov’t Code § 65915 shall apply in all zoning districts. Notwithstanding the forgoing sentence, neither those provisions nor any other provision of this Chapter are intended to require the City to grant modifications in any zone beyond those allowed by State law and specifically allowed in this Chapter.
D. This Chapter implements Cal. Gov’t Code Chapter 4.3, Density Bonuses and other incentives (§§ 65915-65918). In the event these sections are amended, those amended provisions shall be incorporated into this Chapter. Should any inconsistencies exist between the amended state law and the provisions set forth herein, the amended state law shall prevail.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.020 DENSITY BONUS CALCULATION.
The following method shall be used in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of Affordable Units needed for a given density bonus project.
A. Calculation.
1. Compliance with State Law. All density bonuses are designed to be in conformance with Cal. Gov’t Code § 65915 or the maximum amount allowed by the City Density Bonus Ordinance. If local density bonuses interact with State law in a way that reduces the number of income-restricted housing units required by State law or undermines the goals of the State Density Bonus Law, the State Density Bonus Law shall take precedence over the local incentives.
2. Calculation Order. Density bonuses shall be applied in the following order:
a. Apply the State density bonus to base density.
b. Apply the Tier Density Bonuses to base density pursuant to § 17.580.025.
c. Apply Community Benefit Bonuses to the base density pursuant § 17.580.030.
3. Restriction on Overlapping or Compounding Bonuses. Each bonus, whether from State, Tier, or Community Benefit categories, shall be applied individually and sequentially to the project's base density, without overlap or compounding of incentives.
4. Rounding. All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of Affordable Units needed for a given density bonus project.
5. Broad Interpretation. The provisions of this section shall be interpreted broadly to affect the purposes of this Chapter and to prevent evasion of its terms.
B. Election to Accept Lesser Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the Residential Development Project is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required Affordable Units contained in Cal. Gov’t Code § 65915, subdivisions (b), (c), and (f) or as required by Tier Density Bonuses and Community Benefit Bonuses. Regardless of the number of Affordable Units, no Residential Development Project shall be entitled to a density bonus of more than what is authorized under State law and/or as allowed by the City's Density Bonus Ordinance.
C. Exclusion of Density Bonus Units in Affordable Unit calculations. The density bonus units shall not be included in determining the number of Affordable Units required to qualify a Residential Development Project for a density bonus pursuant to Cal. Gov’t Code § 65915R.
D. Multiple Eligibility Categories. If a Residential Development Project qualifies for a density bonus under more than one income category, such as income-based eligibility, Senior Citizen Housing, or housing designated for transitional foster youth, disabled veterans, unhoused persons, or lower-income students, the applicant must identify which categories they are using to qualify for a density bonus. Density bonuses from more than one category can be combined up to the maximum allowed under Cal. Gov’t Code § 65915 or the maximum amount allowed by the City's Density Bonus Law, whichever allows for a greater bonus.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.025 TIER DENSITY BONUSES.
A. Tier Bonuses. Tier Bonuses are intended to incentivize the development of additional housing in transit-rich areas, thereby mitigating the impacts of population growth on traffic, vehicle miles traveled, and carbon emissions, while also reducing the reliance of Low-Income Households on automobile ownership. The bonuses increase progressively across the tiers, corresponding to the proportion of Affordable Units required to attain these incentives.
B. Base Density Increase In Certain Mixed-Use Zones. Projects within MU 1 or MU 2 zones which qualify for Tiers 1, 2, 3 or 4 Density Bonuses shall automatically receive a Base Density increase to 65 dwelling units per acre. All Tier and Community Benefit Bonuses may be applied to this increased Base Density.
Tier Name | Transit Proximity Requirement | Affordability Threshold to Qualify for Bonus | Local Density Bonus |
Tier 1: State Minimums | None | Must fulfill the requirements of California Density Bonus Law. | None |
Tier 2: Enhanced State Minimums | None | Projects must qualify for a State Density Bonus and provide additional Affordable Units equal to at least 50% of the state-required minimum percentage for the corresponding income level. | 20% of the minimum percentage required under California Density Bonus Law for the applicable affordability category. |
Tier 3: High-Quality Transit Corridors | Within a half-mile of a High-Quality Transit Corridor | Projects must qualify for a Density Bonus and provide additional Affordable Units equal to at least 75% of the state-required minimum percentage for the corresponding income level. | State 30% of the minimum percentage required under California Density Bonus Law for the applicable affordability category. |
Tier 4: Culver City Transit Priority Area | Within a Culver City Transit Priority Area | Projects must qualify for a State Density Bonus and provide additional Affordable Units equal to at least 100% of the state-required minimum percentage for the corresponding income level. | 40% of the minimum percentage required under California Density Bonus Law for the applicable affordability category. |
D. Tier 1: State Minimums.
1. Residential Development Projects that qualify for a State density bonus are designated as Tier 1. Tier 1 projects are not eligible for any additional local bonuses.
E. Tier 2: Enhanced State Minimums.
1. Eligibility Requirements for Tier 2 Projects. Projects must qualify for a State Density Bonus and provide additional Affordable Units equal to at least 50% of the state-required minimum percentage for the corresponding income level.
2. Local Bonuses for Tier 2 Projects.
a. Tier 2 projects that meet the eligibility criteria may receive an additional local bonus equal to 20% of the minimum percentage required under California Density Bonus Law for the applicable affordability category.
b. Tier 2 projects are eligible for Community Benefit Bonuses.
F. Tier 3: High-Quality Transit Corridors.
1. Eligibility Requirements for Tier 3 Projects. Projects must qualify for a State Density Bonus and provide additional Affordable Units equal to at least 75% of the state-required minimum percentage for the corresponding income level.
2. Local Bonuses for Tier 3 Projects.
a. Tier 3 projects that meet the eligibility criteria may receive an additional local bonus equal to 30% of the minimum percentage required under California Density Bonus Law for the applicable affordability category.
b. Tier 3 projects are eligible for Community Benefit Bonuses.
G. Tier 4: Culver City Transit Priority Areas.
1. Eligibility Requirements for Tier 4 Projects. Projects must qualify for a State Density Bonus and provide additional Affordable Units equal to at least 100% of the state-required minimum percentage for the corresponding income level.
2. Local Bonuses for Tier 4 Projects.
a. Tier 4 projects that meet the eligibility criteria may receive an additional local bonus equal to 40% of the minimum percentage required under California Density Bonus Law for the applicable affordability category.
b. Tier 4 projects are eligible for Community Benefit Bonuses.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.030 OMMUNITY BENEFIT DENSITY BONUSES.
A. Community Benefit Density Bonuses. Community Benefit Density Bonuses are designed to promote significant enhancements to Residential Development Projects by incentivizing the provision of additional middle-income housing, meeting the needs of multi-generational households, and improving overall quality of life. To ensure that the City goal to facilitate Low-Income Housing is not compromised, projects are eligible for Community Benefit Density Bonuses only after meeting the State and Local requirements for affordable housing as well as the requirements of either Culver City's Tier 2, 3, or 4 Density Bonuses. Community Benefit Density Bonuses shall conform to requirements of Table 5-4.
Community Benefit | Bonus Requirements | Bonus | Regulating Section |
Community Benefit | Bonus Requirements | Bonus | Regulating Section |
Workforce Housing Bonus | Projects restricting at least 10% of their base units to households earning between 80% and 140% of the AMI. | 5% base density bonus. | Section 17.580.030.B |
Three or More Bedroom Unit Bonus | Projects that designate at least 11% of total units as three or more bedrooms. | 1% for each additional percentage above 10% of the units that are 3 or more bedrooms with a maximum bonus of 5%. | Section 17.580.030.C |
Child Day Care Facility Bonus | Projects that include a dedicated, fully licensed Child Day Care Facility of at least 500 square feet. | Density bonus equal to State bonus plus the square footage of the Child Day Care Facility. | Section 17.580.030.D |
Public Open Space Bonus | Projects that include at least 3,000 square feet of public open space. | One unit per 1,000 square feet of eligible public open space, up to 10 units. | Section 17.580.030.E |
Neighborhood-Oriented Commercial Bonus | Projects that include at least 1,000 square feet of Neighborhood-Oriented Commercial space. | One unit per 1,000 square feet of eligible Neighborhood-Oriented Commercial Space, up to 5 units. | Section 17.580.030.F |
Bus Stop Improvement Bonus | Projects that install a new bus shelter or shelters or maintain an existing bus shelter or shelters to City standards. | 2 units maximum | Section 17.580.030.G |
B. Workforce Housing Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
b. The project must designate at least 10% of the base units for rental at rates affordable to households earning between 80% and 140% of the Area Median Income (AMI); or
c. The project must designate at least 10% of the units for sale at prices affordable to households earning between 120% and 140% of the AMI.
2. Bonus Requirements. Residential Development Projects that meet the above criteria shall receive a 5% base density bonus.
C. Three or More Bedroom Unit Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
b. At least 11% of all units within the Residential Development Project must have three or more bedrooms.
2. Bonus. For each additional percentage of units above 10% that have three or more bedrooms, the Residential Development Project qualifies for an equivalent base density bonus, up to a maximum of 5%.
D. Child Day Care Facility Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
b. The project must include a dedicated space for a Child Day Care Facility as defined in Chapter 17, Article 7 of the Culver City Municipal Code and which fulfills the requirements of State Density Bonus Law. Small Family Day Care Homes or Large Family Day Care Homes, as defined in § 17.700.010, Definitions of Specialized Terms and Phrases, are not eligible for this bonus.
c. The Child Day Care must be at least 500 square feet.
d. The California State Department of Social Services must fully license the Child Day Care facility.
2. Bonus. The Residential Development Project shall receive the State bonus plus the square footage of the Child Day Care Facility.
3. The Child Day Care facility must operate for at least as long as the density bonus units are required to remain affordable.
E. Public Open Space Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
b. The project must provide at least 2,000 square feet of public open space that includes one or more of the following: parks for passive or active use, playgrounds, and outdoor recreational facilities.
2. Bonus Requirements.
a. The Residential Development Project shall receive a density bonus of one unit for each 1,000 square feet of public open space provided by the Developer.
b. The maximum unit bonus is ten units.
3. Public Open Space Requirements.
a. The public open space must be accessible to the public from dawn to dusk. Private recreation areas, areas requiring admission fees, keycard, or keyed access, or those necessitating a sign-in or registration process are not eligible for this bonus.
b. The public open space must be open to the sky, although sun shelters, picnic shelters, or shade structures may be used provided they cover no more than 30% of the public open space.
c. The public open space must be accessible by pedestrians and must comply with the Americans with Disabilities Act (ADA).
d. The public open space must be visible from adjacent roads. Directional signage must be provided to help pedestrians and micromobility users locate and access the entrance.
e. The public open space must front a public Right of Way for at least 20 feet.
f. Landscaping within the public open space shall adhere to the standards set forth in the California State Model Water Efficient Landscape Ordinance, ensuring sustainability and water efficiency.
g. No more than 50% of the public open space may consist of impervious surfaces. Sports courts are excluded from these calculations.
h. Public Open Space that utilizes this bonus will not count towards any parkland dedication calculation or credits or required private or common open space.
4. Maintenance. The property owner is responsible for maintaining the Public Open Space unless a separate agreement is established with the Culver City Parks, Recreation and Community Services Department.
F. Neighborhood-Oriented Commercial Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must be located along a Primary or Secondary Arterial as designated on the Roadway Network exhibit within the Culver City General Plan Mobility Element.
b. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
c. The Residential Development Project must provide at least 1,000 square feet of neighborhood-oriented commercial space.
2. Bonus Requirements.
a. The Residential Development Project shall receive a bonus of one additional unit for each 1,000 square feet of eligible commercial space provided.
b. The maximum bonus is five units.
3. Neighborhood-Oriented Commercial Requirements.
a. Five-Year Covenant. A covenant shall be required as a Condition of Approval for a minimum term of five years to reserve the commercial space for one of the uses listed within this section.
i. The duration of the term shall commence upon the issuance of a Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO) for the commercial shell of the building.
ii. During the covenant period, the property owner or manager shall make a reasonable, good-faith effort to lease the commercial space to a tenant with a conforming use. Efforts shall include, but are not limited to, advertising the availability of the space, maintaining visible signage on-site with contact information, and engaging a licensed leasing agent. Documentation of these efforts shall be made available to the City upon request.
iii. If a tenant with a conforming use is not secured within the first five years upon the issuance of a TCO or CO, or if the existing conforming use fails and a new tenant with a conforming use is not secured within five years, the City may, at its discretion, waive the covenant.
b. Eligible Uses. The following uses are permitted at neighborhood-oriented commercial spaces.
i. Art studios or galleries that feature local artists and/or offer workshops or community art events.
ii. Bakeries offering freshly baked goods and pastries.
iii. Bookstores.
iv. Cafes and Restaurants less than 3,000 square feet.
v. Child Day Care centers and educational tutoring services.
vi. Co-working spaces under 10,000 square feet offering flexible work environments for local freelancers, remote workers, and small businesses.
vii. Dry cleaners and laundry services catering to the routine needs of residents.
viii. Fitness centers or yoga studios, and exercise and wellness services tailored to the community.
ix. Grocery stores and small supermarkets which offer fresh produce, household essentials, and other grocery items.
x. Local boutiques and specialty shops sell clothing, accessories, and unique items.
xi. Personal care services, including hair salons, barbershops, and nail salons.
xii. Pet care services such as grooming salons, pet supply stores, and small veterinary clinics.
xiii. Pharmacies offering prescription medications, over-the-counter drugs, and health-related products.
xiv. Other uses which primarily cater to the day-to-day needs residential neighborhoods by providing convenient access to essential goods or services, as determined by the Director.
c. Ineligible Uses. Uses which are likely to attract additional regional vehicle traffic, increase noise pollution, and/or otherwise degrade the quality of life of neighborhood residents are prohibited, including but not limited to:
i. Large-scale retail stores and big-box stores exceeding 10,000 square feet.
ii. Bars and nightclubs.
iii. Drive-through businesses.
iv. Auto and vehicle sales/rental, auto parts sales, auto repair shops, gas stations, or other vehicle services.
v. Uses which consistently generate noise levels detectable from outside the premises.
vi. Warehouses or distribution centers.
vii. Commercial parking lots or garages.
viii. Offices.
ix. Pet shops.
x. Hotels and motels.
xi. Other uses which do not primarily cater to the day-to-day needs residential neighborhoods by providing convenient access to essential goods or services.
d. Other Standards. All Neighborhood-Oriented Retail spaces shall comply with all other applicable standards and regulations within the Culver City Municipal Code.
G. Bus Stop Improvement Bonus.
1. Eligibility Requirements.
a. The Residential Development Project must be located along an unsheltered or uncovered designated bus stop, as determined by the Culver City Transportation Department and Mobility and Traffic Engineering Division (MTE); or
b. The project must maintain an existing sheltered or uncovered designated bus stop (or stops) and bring it into compliance with the requirements of this section and approved City model/specifications, if it is not already compliant.
c. The Residential Development Project must meet the requirements for Density Bonus Tier 2, Tier 3, or Tier 4, as outlined in § 17.580.025, Tier Density Bonuses.
2. Bonus Requirements.
a. Projects meeting all eligibility criteria will receive a bonus of two units maximum regardless of the number of bus stops that are improved per project.
3. Bus Stop Improvement Requirements including Bus Stop locations.
a. Bus stops and their locations must comply with all State, Local, and City requirements.
b. The bus stop shall conform to the City's Bus Stop Standards and improvements, must be fully covered, protect users from rain, must provide seating for at least two people, provide a covered area for an accessible individual who uses a wheelchair and must provide shelters, benches, poles, real-time information displays, and waste receptacles.
c. Shelters shall be constructed per Transportation Department Specifications.
d. Shelters must include adequate lighting for safety, ensuring visibility during nighttime and low-light conditions. Lighting shall be energy-efficient and minimize light pollution.
e. The property manager is responsible for maintenance of the bus shelter for at least as long as the density bonus units are required to remain affordable, unless a separate agreement is established with Culver City. Maintenance parameters shall be determined by the Transportation Department.
(Ord. 2025-002 Exhibit A (part))
§ 17.580.035 WAIVERS.
A. Waivers. Developers may request a Waiver of Development Standards if these standards physically prevent the construction of a housing development at the permitted density or with the allowed incentives. The Developer must demonstrate that the Waiver is necessary to make the project, including Affordable Units, physically feasible. The number of Waivers is based on entitlement under State Density Bonus Law, with additional local Waivers available under this Section. Requested Waivers may include the following:
1. An exception to site Development Standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Cal. Health and Safety Code Division 13, Part 2.5 (commencing with § 18901) including but not limited to:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum lot setbacks.
c. Reduced minimum outdoor and/or private outdoor living area.
d. Increased maximum lot coverage.
e. Increased maximum building height.
f. Reduced minimum building separation requirements.
g. Reduced street standards, such as reduced minimum street widths.
2. Other Waivers proposed by the Developer or the City which result in identifiable and required physical changes needed for the project to be constructed.
3. Any other Waiver granted under Cal. Gov’t Code § 65915.
B. Financial Incentives. Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee Waivers, or Waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
C. City Planning Commission Review. Projects that request five or more Waivers or reductions of any development standards not on listed in § 17.580.035.A.1. must receive Planning Commission approval of a Site Plan Review pursuant to Chapter 17.540.
D. Findings for Waivers. Waivers requested pursuant to the procedures described in this Subsection shall be approved by the applicable decision-making authority unless the decision-making authority makes findings pursuant to CCMC § 17.580.075.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.040 CONCESSIONS.
A. Local Concessions. Developers of residential projects qualifying for Tier 2, 3, or 4 Density Bonuses may request Local Concession(s) from development standards, fees, or other requirements, in addition to concessions granted by State law.
1. Demonstration of Necessity. The Developer is not required to demonstrate that the Concession is necessary to make the project, including Affordable Units, economically feasible.
2. Number of Local Concessions. The number of Local Concessions available to the Developer are as follows:
a. Tier 2-4 projects may receive one additional concession in addition to those which are granted by State law.
b. 100% affordable projects receive two additional concessions in addition to those which are granted by State law.
B. Limits. Concessions related to height are restricted to the following:
1. Tier 1 eligible projects may have a maximum height increase of up to 11 feet above the Zoning Code maximum height limit per zoning district.
2. Tier 2-4 eligible projects may have a maximum height increase of up to 22 feet above the Zoning Code maximum height limit per zoning district.
3. 100% affordable projects may have a maximum height increase of up to 33 feet above the Zoning Code maximum height limit per zoning district.
C. Financial Incentives. Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee Waivers, or Waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.045 APPLICATION FILING, PROCESSING, AND REVIEW.
A. Filing. A request for density bonus or other incentives pursuant to State Density Bonus Law shall be processed as part of an application in compliance with and subject to the provisions and requirements of Chapter 17.500 (Applications, Processing, and Fees). No additional discretionary approval shall be required for a request for, or the granting of, a density bonus or other incentive that is available pursuant to current State Density Bonus Law. A density bonus request shall include the following:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed Affordable Units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed Affordable Units and density bonus units.
c. The zoning and general plan designations and assessor's parcel number(s) of the Residential Development Project site.
d. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period.
i. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units shall be included in the description, if known.
ii. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to Very Low- or Lower-Income Households in the five-year period preceding the date of submittal of the application.
i. If any units on the site are currently subject to deed restrictions, the application must include a plan outlining how the project will meet State requirements for replacing these units.
f. A tentative map and/or preliminary site plan, if applicable, drawn to scale, showing the number and location of all proposed units, designating the location of proposed Affordable Units and density bonus units.
3. Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a Residential Development Project pursuant to State Density Bonus Law, or, as applicable, the City's Density Bonus Law, the density bonus report shall include the City's required development standard and the Applicant's requested development standard concession or regulatory incentive.
4. Requested Waiver(s). In the event an application proposes Waivers of development standards for a Residential Development Project pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each Waiver requested, shown on a site plan or elevation if appropriate:
a. The City's required development standard and the requested development standard Waiver.
b. Reasonable documentation that the development standards for which a Waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by State Density Bonus Law.
5. Child Day Care Facility. If a density bonus or incentive is requested for a Child Day Care Facility in a Residential or Mixed Use project, reasonable documentation that all of the requirements included in § 17.580.030.D can be met.
6. Neighborhood-Oriented Commercial Bonus. If a Neighborhood-Oriented Commercial Bonus is requested for a housing project, the application shall include a plan explaining how the Neighborhood-Oriented Commercial space will comply with § 17.580.030.F.
B. Director Finding. If the Director makes any of the findings set forth in CCMC § 17.580.075, the written finding shall be provided to the Developer, who may appeal the findings pursuant to Chapter 17.640 of the Municipal Code.
C. Public Notice and Hearings. Notices, public hearings, and project approvals shall be completed consistent with the appropriate approving authority of the project.
D. Review Authority. The approval authority is determined by the underlying entitlement request.
E. Mixed Use Project. The granting of a density bonus and incentives for a mixed-use development project shall comply with the provisions of Cal. Gov’t Code §§ 65915 et seq.
F. Compliance With Other Applicable Zoning Regulations. Notwithstanding any permitted density bonus or incentive granted pursuant to this section, any project receiving a density bonus hereunder shall otherwise be consistent with the applicable zoning and land use regulations and requirements, including permitted uses.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.050 AFFORDABLE HOUSING PLAN.
The Applicant shall submit an Affordable Housing Plan (AHP) as part of the formal entitlement application for a Residential Development Project. The Director shall determine whether the AHP is complete. The elements of a complete AHP are described below. If the AHP is incomplete, it will be returned to the Applicant with a list of the deficiencies, or the information required. No application for a discretionary or ministerial permit to which this Chapter applies shall be deemed complete until the AHP is deemed complete by the Director. At any time during the review process, the Director may require from the Applicant additional information necessary to clarify and supplement the application or to determine the consistency of the proposed AHP with the requirements of this Chapter. The AHP should include, but not be limited to, the following:
A. The structure layout (attached, semi-attached, or detached), proposed tenure (for-sale or rental), and size of the proposed market-rate units, commercial space, and/or Affordable Housing Units;
B. A plan indicating the location of the Affordable Units;
C. The income levels to which each Affordable Housing Unit will be made affordable;
D. For phased Residential Development Projects, a comprehensive phasing plan must be provided. This plan shall clearly outline that each phase of development includes Affordable Units in the same proportion as the overall project commitment as required by this Chapter;
E. A written statement demonstrating compliance with the requirements of this Chapter;
F. A preliminary marketing plan that describes how the Applicant intends to inform the public, and those within the appropriate income groups, of the availability of Affordable Housing Units; and
G. Any other information requested by the Director to assist with evaluation of the AHP under the standards of this Chapter.
H. No monitoring fee shall be imposed on projects that are 100% affordable and subject to this section. The City may only impose a monitoring fee for local programs that establish affordability levels distinct from those tracked by the State, including but not limited to projects utilizing tax incentives or workforce housing bonuses.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.055 AFFORDABLE HOUSING AGREEMENT (AHA).
A. General Requirements. Except where a density bonus, incentive, Waiver, or commercial development bonus is provided for a market-rate Senior Citizen Housing Development, the Applicant shall enter into an AHA with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of this Section are satisfied. The AHA shall guarantee that the units remain affordable to Very Low- or Low-Income households for a minimum term of 55 years, or to Moderate-Income households for a minimum term of 45 years. With respect to rental units, such rent restrictions shall be in the form of a regulatory agreement recorded against the applicable property. With respect to owner-occupied units, such resale controls shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the applicable property. Affordability restrictions and terms shall be consistent with State Density Bonus law. The AHA shall include the following:
1. The number of density bonus dwelling units granted;
2. The number and type of affordable dwelling units;
3. The unit size(s) (square footage) of affordable dwelling units and the number of bedrooms per Dwelling Unit;
4. The proposed location of the affordable dwelling units;
5. Schedule for production and phasing of affordable dwelling units in relation to the market-rate units as per State Density Bonus Law;
6. Incentives or concessions or Waivers provided by the City;
7. Where applicable, tenure and conditions governing the initial sale of the Affordable Units;
8. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining affordable rental dwelling units;
9. Compliance with federal and state laws;
10. Prohibition against discrimination;
11. Indemnification;
12. City's right to inspect units and documents;
13. Remedies;
14. The duration of the AHA.
B. Senior Housing Agreement. Where a density bonus, or Waiver is provided for a market-rate Senior Citizen Housing Development, the Applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, to require that the Residential Development Project be operated as "housing for older persons" consistent with state and federal fair housing laws.
C. Execution. Upon approval of a Community Benefit Density Bonus and/or Tier Density Bonus, the applicant must enter into a binding agreement with the City, detailing the specific terms of the bonus, including the provision of the agreed-upon Low-Income Units and/or Community Benefits. The agreement shall be recorded against the property and shall be binding on all future owners, heirs, and assigns. The executed AHA or senior housing agreement shall be recorded against the land prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for the Residential Development Project. The AHA or senior housing agreement shall be binding on all future owners and successors in interest.
D. Monitoring. As part of the AHA, all restricted units will be monitored on an annual basis by the Culver City Housing and Human Services Department. The monitoring is to ensure all restricted units are occupied by income eligible households and that the Affordable Units are within the HCD standards of charging an Affordable Unit based on unit size and household income level.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.060 ENFORCEMENT OF AFFORDABLE HOUSING AGREEMENT.
A. Excess Rents. In the event it is determined that rents in excess of those allowed by this Chapter have been charged to a tenant residing in a rental Affordable Housing Unit, the City may take the appropriate legal action, and the rental unit owner shall be obligated to pay to the tenant (or to the City in the event the tenant cannot be located) an amount equal to three times the excess rent charges for the first offense, five times the excess rent charges for the second offense, and ten times the excess rent charges for the third offense. In the event of additional repeat violations or severe cases, the penalty may increase, with the possibility of additional fines or legal actions.
B. Excess Sales Prices. In the event it is determined that a sales price in excess of that allowed by this Chapter has been charged to an income-eligible household purchasing an ownership Affordable Unit, the City may take the appropriate legal action to recover funds, and the Affordable Unit seller shall be obligated to pay to the purchaser (or to the City in the event the purchaser cannot be located), an amount equal to three times the excess sales costs for the first offense, five times the excess sales charges for the second offense, and ten times the excess sales charges for the third offense. In the event of additional repeat violations or severe cases, the penalty may increase, with the possibility of additional fines or legal actions.
C. Enforcement of Bonus Terms.
1. Compliance Monitoring and Site Inspections. The City reserves the right to conduct periodic site inspections to ensure compliance with the terms of the agreement. Inspections will verify that the Affordable Units and Community Benefits are being provided and maintained as outlined in the approved plan.
2. Remedies for Non-Compliance. If the City determines that the Developer or property owner is not in compliance with the terms of this Chapter, the following remedies may be enforced:
a. Notice of Violation. The City will issue a written notice of violation, outlining the specific areas of non-compliance and providing a timeframe for corrective action.
b. Fines and Penalties. If the violation is not corrected within the specified timeframe, the City may impose fines. The number of fines shall be determined based on the severity of the violation.
c. Revocation of Bonus. The City reserves the right to revoke the provisions of this Chapter if the Developer or property owner fails to comply with the agreed-upon terms prior to building permit issuance. Upon revocation, the property may revert to its original allowable density or use restrictions, and any additional units or benefits granted under the bonus may be rendered invalid.
d. Legal Action. The City may pursue legal action to enforce compliance with the terms of the agreement, including seeking injunctive relief or damages as necessary.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.065 GENERAL AFFORDABLE HOUSING REQUIREMENTS.
A. Affordable Unit Requirements.
1. Affordable units shall be located throughout the Residential Development Project site and not isolated to one specific building.
2. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any Affordable Units that qualified the project for a density bonus, incentive, Waiver, or parking reduction, so that the Affordable Units comprise the required percentage of total units.
3. To comply with fair housing laws, the Affordable Units shall contain the same proportional mix of bedroom sizes as the market-rate units.
4. In mixed-income buildings, the occupants of the Affordable Units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the Affordable Units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
5. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.
6. Residential Development Projects shall comply with all applicable Development Standards, except those which may be modified as provided by this Chapter.
B. Compliance With Other Applicable Zoning Regulations. Notwithstanding any permitted density bonus or incentive granted pursuant to this section, any project receiving a density bonus hereunder shall otherwise be consistent with the applicable zoning and land use regulations and requirements, including permitted uses.
C. Affordable Unit Availability. Affordable Housing Units shall be constructed concurrently with and made available for qualified occupants at the same time as market-rate units within the same project, unless both the City and the Developer agree to an alternative schedule for development.
D. Effect of Granting Density Bonus. The granting of a density bonus under this section shall not, in and of itself, be interpreted to require a General Plan amendment, Zoning Code or Zoning Map amendment, or other discretionary approval.
E. First-Time Homebuyers. Owner-occupied Units that implement Tier Density or Community Benefit Bonuses may be offered for sale only to first-time homebuyers, who are defined as follows:
1. An individual or his or her spouse who has not owned a home during the three-year period prior to the date of purchase of the unit.
2. An individual who is a displaced homemaker or single parent who has only owned a home with a former spouse while married. A displaced homemaker is defined as an individual who meet all the following criteria:
a. Is an adult;
b. Has not worked full-time and full-year in the labor force for two years but has, during such years, worked primarily without remuneration to care for the home and family; and
c. Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
3. An individual shall not be excluded from consideration as a first-time homebuyer on the basis that the individual owns or owned, as a principal residence during the three year period, a dwelling unit whose structure is not permanently affixed to a permanent foundation in accordance with local or other applicable regulations or is not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with the codes for less than the cost of constructing a permanent structure.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.070 REPLACEMENT OF DWELLING UNITS.
Residential Development Projects utilizing Tier Density Bonuses or Community Benefit Density Bonuses must comply with the State's Replacement Unit Requirements, which ensure the replacement of removed or demolished units, including affordability and tenant protection provisions as applicable.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.075 FINDINGS AND DECISION.
The Director shall review and may approve, conditionally approve, or disapprove a density bonus and other bonus incentives request.
A. The Director may deny a request for an incentive or concession for which the findings set forth in this Subsection can be made only if it makes a written finding, based upon substantial evidence, of one of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5; or for affordable rents, as defined in Cal. Health and Safety Code § 50053; or
2. The incentive or concession would have a specific adverse impact upon public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low, very low and moderate income households. For the purpose of this Subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or
3. The concession or incentive would be contrary to state or federal law.
B. The Director may deny a request for a Waiver or reduction for which the findings set forth in Subsection A above can be made only if it makes a written finding, based upon substantial evidence, of one of the following:
1. The modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Low, Very Low and Moderate Income Households. For the purpose of this Subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or
2. The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or
3. The Waiver or reduction would be contrary to state or federal law; or
4. The development standard associated with a request for Waiver(s) will not have the effect of physically precluding the construction of a development meeting the maximum density of the Residential Development Project permitted under the provisions of this Chapter and State Law.
C. The Director may deny a density bonus, incentive, or concession that is based on the provision of childcare facilities and for which the required findings can be made only if it makes a written finding, based on substantial evidence, that the City already has adequate childcare facilities.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.080 CONDITIONS OF APPROVAL.
A. The applicable review authority may approve a density bonus and other bonus incentives for both ministerial and discretionary projects in compliance with § 17.580.075 (Findings and Decision), and may impose conditions upon the project, including but not limited to, the City's Comprehensive Standard Conditions of Approval for Discretionary Projects as adopted by the Commission to ensure that the project will meet all of the required findings.
B. Conditions may relate to both on- and off-site improvements, which are reasonable and necessary to mitigate project-related impacts, and to carry out the purpose and requirements of this Chapter and applicable development standards and objective design standards.
(Ord. 2025-002, Exhibit A (part))
§ 17.580.085 POST-APPROVAL PROCEDURES.
Procedures relating to appeals, notices, revocations, and modifications as identified in Article 6 (Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a density bonus and other bonus incentives.
(Ord. 2025-002, Exhibit A (part))
§ 17.590.005 PURPOSE.
This Chapter provides procedures and requirements for the review and approval of development agreements consistent with the provisions of State law.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.010 APPLICABILITY.
A. Initiation. Consideration of a Development Agreement may be initiated by:
1. The Council; or
2. Property owner(s) or other person having a legal or equitable interest in the property proposed to be subject to the agreement.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.015 APPLICATION FILING, PROCESSING AND REVIEW.
A. Owner's Request. An owner of real property may request and apply through the Division to enter into a Development Agreement, provided that:
1. The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the Director;
2. The application is accompanied by all documents, information, and materials required by the Division.
B. Director Review. The Director shall receive, review, process, and prepare recommendations for Commission and Council consideration on all applications for development agreements.
C. Concurrent Processing and Public Hearings. All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all associated applications.
D. Fees. The application for a Development Agreement shall include the processing fee established by the City Council Fee Resolution. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with § 17.590.040.A. (Periodic Review).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.020 PUBLIC HEARINGS.
A. Commission Hearing. Upon finding the application for a Development Agreement complete, the Director shall set the date for a public hearing before the Commission, in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.
B. Council Hearing. Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, with appropriate findings in compliance with § 17.590.020.E. (Required Findings) below.
If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Cal. Gov’t Code § 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.
C. Notice of the Hearings. Notice of the hearings, outlined in § 17.590.020.A. (Commission Hearing) and § 17.590.020.B. (Council Hearing) above, shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law (Cal. Gov’t Code § 65867).
D. Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Cal. Gov’t Code § 65867.5).
E. Required Findings. The ordinance shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings:
1. The Development Agreement is in the best interests of the city, promoting the public interest and welfare;
2. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable Specific Plan, and this Title;
3. The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of § 17.590.025.A. (Mandatory Contents) and § 17.590.025.B. (Permissive Contents), below.
F. Referendum. The ordinance is subject to referendum in compliance with State law (Cal. Gov’t Code § 65867.5).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.025 CONTENTS OF DEVELOPMENT AGREEMENT.
A. Mandatory Contents. A Development Agreement entered into in compliance with this Chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]).
B. Permissive Contents. A Development Agreement entered into in compliance with this Chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the Council, including provisions for the payment to the city of monetary consideration.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.030 EXECUTION AND RECORDATION.
A. Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.
B. Conditioning Approval. The provisions of this Chapter shall not be construed to prohibit the Director, Commission or Council from conditioning approval of a discretionary permit or entitlement on the execution of a Development Agreement, where the condition is otherwise authorized by law.
C. Recordation. A Development Agreement shall be recorded with the County Recorder no later than ten days after it is executed, in compliance with State law (Cal. Gov’t Code § 65868.5).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.035 ENVIRONMENTAL REVIEW.
The approval or conditional approval of a Development Agreement in compliance with this chapter shall be deemed a discretionary act for purposes of CEQA.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.040 PERIODIC REVIEW.
A. Periodic Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director during the full term of the agreement.
Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the contracting party, in compliance with § 17.590.015 (Application Filing, Processing and Review) above.
B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.
C. Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the Director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.
The procedures for the termination or modification hearing shall comply with § 17.590.020 (Public Hearings) above.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.045 AMENDMENT OR CANCELLATION OF DEVELOPMENT AGREEMENT.
A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Cal. Gov’t Code § 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a Development Agreement.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.050 EFFECT OF DEVELOPMENT AGREEMENT.
A. Rules, Regulations and Policies. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications, and Building Code provisions applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.
B. State Law. In compliance with State law (Cal. Gov’t Code § 65866), unless specifically provided for in the Development Agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application, on the basis of existing or new rules, regulations, and policies.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.590.055 APPROVED DEVELOPMENT AGREEMENTS.
Development Agreements approved by the Council shall be on file with the City Clerk.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.005 PURPOSE.
This Chapter provides requirements for the implementation or "exercising" of the permits or entitlements specified by this Title, including time limits and procedures for granting extensions of time and changes to an approved project.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.010 CONFORMANCE TO PLANS.
A. Compliance. All work for which project drawings and plans have received approval by the Director, Commission, or Council shall be performed in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, any conditions of approval imposed by the review authority, and any minor changes approved by the Director.
B. Changes. Any minor changes to or deviations from the approved drawings and plans that do not change the intent of the original approval may be approved by the Director. In the case of a discretionary permit, the original review authority shall review and approve any major changes, in compliance with § 17.595.035 (Changes to an Approved Project).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.015 EFFECTIVE DATE OF PERMITS OR ENTITLEMENTS.
A. Discretionary Decisions by the Director or Commission. Any Administrative Use Permit, Conditional Use Permit, Administrative Modification, Variance, Administrative Site Plan Review, or Site Plan Review shall become effective on the eleventh working day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.640 (Appeals). A decision shall be considered rendered as follows.
1. Decisions made following a public hearing. When a resolution is adopted without changes or with changes that are read into the record.
2. Decisions made by the Director. When a Notice of Decision is signed by the Director.
B. Ministerial Permits. Zoning Clearances and other ministerial staff decisions shall be effective immediately upon being stamped and signed by staff.
C. Decisions by Council. Any Comprehensive Plan, Development Agreement, Specific Plan, or amendment to the Zoning Map and this Title shall become effective on the thirtieth day following the date the decision is rendered by the Council. A General Plan amendment shall become effective immediately upon adoption of a resolution by the Council.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.020 APPLICATIONS DEEMED APPROVED.
A permit application deemed approved shall be subject to all applicable provisions of this Title, which shall be satisfied by the applicant before a Building Permit is issued, or a land use not requiring a Building Permit is established.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.025 PERFORMANCE GUARANTEES.
A permit applicant may be required by conditions of approval, or by action of the Director, to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The Director, in concert with the Building Official, shall be responsible for setting the amount of the required security at a level that is reasonable in relation to the conditions being guaranteed.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.030 TIME LIMITS AND EXTENSIONS.
A. Time Limits. To ensure continued compliance with the provisions of this Chapter, each approved permit or entitlement shall expire two years from the date of approval, if the use has not been exercised, unless otherwise specified in the permit or entitlement or permitted by State law. A time extension may be granted in compliance with § 17.595.030.C. (Project Phasing) and § 17.595.030.D. (Extensions of Time) below, if a written request is submitted by the applicant and received by the Division prior to expiration of the approval.
If a permit or entitlement has not been exercised within the established time frame, and a time extension is not granted, the permit or entitlement shall deemed void.
B. Permit Implementation - Exercising the Permit or Entitlement. The zoning approval shall not be deemed "exercised" until the permittee has commenced actual construction (after obtaining any required construction permit); provided that, in all cases, construction shall be diligently pursued until completion of the subject structure. If no construction is required, the zoning approval shall be deemed "exercised" when the permittee has actually commenced the allowed use on the subject site, in compliance with the conditions of approval.
C. Project Phasing. If a project is to be developed in approved phases, each subsequent phase shall be exercised within 12 months from the date that the previous phases was exercised, unless otherwise specified in the zoning approval, or the zoning approval shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map, and the zoning approval shall be exercised before the expiration of the Tentative Map, or the zoning approval shall expire and be deemed void.
D. Extensions of Time.
1. An applicant may request an initial extension of time. The applicant shall file a written request for an initial extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval and shall be granted an automatic two-year extension.
2. An applicant may request subsequent extensions of time. The applicant shall file a written request for an initial extension of time with the Division, accompanied by the required filing fee, prior to expiration of the approval. The burden of proof is on the applicant to establish, with substantial evidence that the zoning approval should be extended. Upon determination that the applicant has made a good faith effort to establish the permit, the Director may extend the time to establish an approved permit for up to an additional 12 months, unless the conditions of approval authorize longer extensions.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.035 CHANGES TO AN APPROVED PROJECT.
An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.
A. Minor changes may be approved, modified, or denied by the Director. Major changes shall be approved, modified or denied by the original review authority.
B. The Director shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:
1. Significant impacts to the surrounding neighborhood.
2. Significant environmental impacts.
3. A change to the approved use or a significant change to project design.
4. A change to the basis on which the environmental determination for the project was made.
5. A change to the basis upon which the review authority made the findings for approval of the project.
A major change request shall be processed in the same manner as the original permit or entitlement.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.040 RESUBMITTALS.
For a period of one year following the approval, disapproval or revocation/modification of a discretionary land use permit or entitlement, no application for the same or substantially similar discretionary permit or entitlement for the same site shall be filed. The Director shall determine whether the new application is for a discretionary land use permit or entitlement that is the same or substantially similar to one previously approved or disapproved.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)
§ 17.595.045 COVENANTS.
When necessary to achieve the land use goals of the City, the City may require a property owner(s) to execute and record a Covenant in favor of the City. The Covenant may be imposed as a condition of approval by the Director, Commission, or Council. The applicable processing fees shall be specified in the City Council Fee Resolution, which may be obtained from the Division.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)