Sections:

Sections:

Sections:

The City Council finds that public health and safety require creek and watershed management and planning in order to control flood and erosion damages and to preserve natural watercourses as an important public asset that provides environmental, recreational and aesthetic value within the city. A dependence on structural solutions such as creek channelization, culverting and channel riprapping has often been found to result in the loss of property from unanticipated problems associated with their design and can result in serious bank erosion and flooding. Streams managed as close to a natural system as possible without interference from structures, maintain a geomorphic equilibrium or watercourse best suited for carrying stream flows, and carrying and depositing suspended sediment loads. Natural streams have significant benefits in that they filter pollutants and provide wildlife habitat and wildlife corridors. Accordingly, the purposes of the -CP Creek Protection overlay district is to delineate creeks and major drainages and ensure that development or other activities in these sensitive areas achieves the following goals:

A.

Preserves, enhances and restores natural drainage ways as parts of the storm drainage system, minimizing any alterations or structures within the natural stream channel and streambed.

B.

Preserves riparian vegetation and protects wildlife habitat and wildlife corridors along natural drainage ways.

C.

Protect lands adjacent to riparian areas as public or private permanent open space through dedication or easements.

D.

Protects property owners and the public from erosion and flooding.

E.

Increases access to creeks for maintenance purposes and for potential public access to creek-side amenities.

F.

Ensures that projects are consistent with City Council adopted guidelines and resolutions for creek restoration and improvement, including designated creeks as natural corridors with habitat enhancement.

G.

Furthers the Joint Watershed Goals Statement of restoring creeks by removing culverts, underground pipes, and obstructions to fish and animal migration, and daylighting creeks where they can be enjoyed by people and wildlife.

(Ord. 2008-2 Div. II (part), 2008.)

The provisions of this Chapter shall apply to all areas determined to be a creek as in the CP Creek Protections overlay district designation or as defined by Section 19.12.030.

Culverted creeks identified by City Council as having potential for future daylighting will also be subject to the requirements of the overlay district. The City of El Cerrito may maintain maps and other reliable records, reflecting such creeks for the guidance of the public and City staff. These maps and records are tools to determine the vicinity of the buffers referred to within this Section.

(Ord. 2008-2 Div. II (part), 2008.)

In the event that a determination is required as to whether a creek exists on a property and the location of such creek, the City Engineer, in consultation with the Zoning Administrator, shall make such a determination, based on all application materials submitted and subject to the following provisions:

A.

Determination Criteria. A creek is defined as a watercourse that carries water, whether identified or unidentified, from either a permanent or natural source, either intermittently or continuously; and which runs in a defined natural or engineered channel or continuous swale or depression, which later merges with a larger watercourse. The definition includes a channel, swale, depression, or watercourse provided they are hydrologically connected to a waterway above and below the site or is connected to a spring, headwaters, lake, or the San Francisco Bay. The definition of creeks excludes any part of an engineered system which was developed by a public agency for collection of storm or flood waters, provided however that such part does not follow the original course of the creek. The word "creek" will be synonymous with "natural watercourse" as used in this chapter. Determinations of the existence of a creek and its location shall be based on any or all of the following criteria:

1.

There is a channel, including a bed, bank, and features that indicate actual or potential sediment movement.

2.

The creek occupies a topographic position where any one of the following conditions are present:

a.

Micro-topography such as a "U" or "V" shape channel typically located at the low point of a macro-topographic feature.

b.

Macro-topography consists of bowl, "U", or "V" shaped topography with high points draining to a valley or ravine as part of a large drainage network leading to large creeks, lakes, and/or the San Francisco Bay.

c.

Flatland macro-topography may consist of shallow bowl or "U" shaped topography. Generally these creeks flow from the hills toward the San Francisco Bay following the slope of the land.

d.

Creek topography can be indicated on a topography map by a "U" or "V" shape pointed in the uphill direction.

B.

Indicator Features. Determinations of the existence of a creek may also be based on whether any or all of the following features are present (the absence of these features does not mean there is no creek):

1.

A riparian corridor — a corridor of relatively denser vegetation roughly parallel to the creek channel, or soil conditions that would support native riparian vegetation. Riparian vegetation is sometimes missing due to landscaping or vegetation removal practices, landslide or fire.

2.

Bed with material that differs from the surrounding geologic material (i.e., more rocky, or gravelly, little or no vegetation, sorted by size).

3.

Man-made structures common to waterways, for example bank retaining walls, trash racks, culverts, inlets, riprap, road bends, etc.

4.

Tidal or backwater influence, and/or nutrient or resource exchange with the San Francisco Bay.

5.

Wetland conditions and/or vegetation.

(Ord. 2008-2 Div. II (part), 2008.)

A.

General Prohibition of Fill or Obstruction of a Creek. It shall be unlawful for any person, organization, institution, corporation or the City to fill, or cause to be filled, to obliterate or cause to be obliterated, to obstruct or cause to be obstructed, to construct a building bridging a creek or cause such building to be constructed, or in any manner to interfere with or cause to be interfered with, any creek in El Cerrito which carries off at any time of the year any storm water, or any surface waters, which have been precipitated by rains, subject to the provisions of this Chapter.

B.

Applicability. This Section does not apply to structures or conditions existing in creeks, on or before the effective date of this Zoning Ordinance.

C.

Exceptions. Streambed alterations shall only be permitted, subject to City Council approval and the approval of any applicable permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, and the California State Water Resources Control Board, for creek restoration and public access projects. Emergency streambed alteration projects necessary to protect public health and safety from imminent flooding, erosion or landslide hazards may be permitted by the City Engineer and Community Development Director. Streambed alterations shall not be conducted unless all applicable permits have been obtained.

(Ord. 2008-2 Div. II (part), 2008.)

Table 19.12-A prescribes the development standards for the creek protection overlay district. The "Regulations" column indicates more detailed explanations or regulations in sections that follow the table (Section codes noted) or that are located elsewhere in this Zoning Ordinance.

"P" — Uses permitted as-of-right that require no discretionary review if in compliance with all standards.

"A" — Uses subject to an Administrative Use Permit following discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission.

TABLE 19.12-A
DEVELOPMENT STANDARDS & USES—CREEK PROTECTION OVERLAY DISTRICTS

(Ord. 2008-2 Div. II (part), 2008.)

No new structures, additions to existing structures, and new impervious surfaces, including driveways and patios, shall be placed in the immediate vicinity of (a) an open creek or (b) a culverted creek designated at the passage of this ordinance or in the future by the City Council for future daylighting (as shown on the map of the -CP Creek Protection Overlay District), except as provided in this Section:

A.

Creek Setbacks. Except as provided above, all new structures, additions to existing structures, and new impervious surfaces, including driveways and patios, in the vicinity of (a) an open creek or (b) a culverted creek designated at the passage of this ordinance or in the future by the City Council for future daylighting (as shown on the map of the -CP Creek Protection Overlay District), shall be set back as follows:

1.

A minimum of 30 feet from the top of a creek bank or the upland edge of riparian vegetation, whichever is greater, provided the bank or edge of riparian vegetation can be clearly determined, or

2.

A minimum of 30 feet from the top of a creek bank or the upland edge of riparian vegetation as determined by the City Engineer if the bank or edge of riparian vegetation cannot be clearly detemined, or

3.

A minimum of 35 feet from the centerline of the creek as determined by the City Engineer.

B.

Allowed Uses Within Setback. Permitted uses within the setback area are limited to the following:

1.

Passive recreational, educational, and existing non-structural uses, including private open space and public open space with pedestrian or bicycle paths, in accordance with best management practices.

2.

Utility lines, pipelines, drainage and flood control facilities.

3.

Public bridges and public road approaches to bridges to cross a creek.

C.

Conditionally Permitted Uses Within Setback. Parking associated with permitted uses on the property and private bridges and private road approaches to bridges to cross a creek may be permitted in the creek setback area, with the approval of a Conditional Use Permit, and so long as all of the following conditions are met:

1.

Extreme Hardship. The creek setback requirement results in an extreme hardship to the property owner such that alternative locations for parking are physically infeasible or more environmentally damaging.

2.

Pervious Surfaces. An NPDES permit has been obtained for any parking areas located within the setback, and the project complies with any conditions of the NPDES permit.

D.

Minor Unroofed Structures Within Setback. Minor unroofed structures such as fences, walls, decks, or benches may be allowed within the creek setback subject to approval by the City Engineer and the Zoning Administrator and provided that all of the following findings are met:

1.

The structure does not add any new impervious surface except for vertical structural elements such as posts or columns.

2.

There is no grading required, and no alterations to drainage that will intensify or channelize water drainage into the creek.

3.

Construction of the structure will not remove or alter riparian vegetation.

4.

Best management practices are used to prevent erosion during construction.

5.

No structural elements are located closer than 15 feet from the top of the creek bank.

Exceptions may be granted with a conditional use permit.

E.

Roofed Structures Within Setback. Structures having a roof supported by columns or walls, including dwellings, garages, other accessory buildings and commercial buildings, are not permitted within the creek setback. Exceptions may be granted with a Conditional Use Permit, provided that all of the following findings are met:

1.

Alternative locations outside the setback area or within the existing building footprint have been studied and found to be physically infeasible or more environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible and all feasible measures for creek protection are incorporated, including measures to protect riparian vegetation and prevent erosion, pursuant to the requirements of a creek protection and riparian habitat plan in subsection (E)(5) of this Section.

3.

The exception is necessary to allow a principal permitted use of the property, and without an exception the size of the project would be limited to less than half of the lot coverage allowed under the Zoning Ordinance and/or the use and development of the property similar to that enjoyed by other similarly zoned properties in the vicinity would not be possible.

4.

No structure is closer than 15 feet from the top of the creek bank.

F.

Required Submittals for Roofed Structures. An application for an exception to creek setback requirements for roofed structures shall include all of the following:

1.

A creek assessment report that delineates the location of the creek centerline, the top of the creek bank and the creek setback area, includes a description of the needs and purposes of the proposed project, and includes a site plan of the proposed development that shows all pervious and impervious areas and percentages. The report shall describe the existing site conditions, the extent of riparian vegetation including trees, and other existing conditions that allow assessment of the impacts of the construction on the creek. The report shall be prepared by a licensed surveyor, civil engineer, or other licensed professional registered by the State of California, and approved by the Zoning Administrator.

2.

Justification for seeking the adjustment, including why other alternative locations are infeasible, and how setback encroachment will be minimized to the greatest extent possible.

3.

Soil reports, surveys, hydrology studies, or civil engineering drawings, as required by the Zoning Administrator, to determine whether the proposed project will have an adverse impact on the creek and to propose revisions or conditions of approval that mitigate the impact to the maximum extent feasible.

4.

Any environmental review or reports required pursuant to the California Environmental Quality Act, including a description of any applicable exemptions.

5.

A creek protection and riparian habitat plan that meets all of the following requirements shall be prepared by a landscape architect, hydrologist, biologist, environmental review professional, or other professional approved by the Zoning Administrator:

a.

Site development plan that minimizes impervious surfaces, vegetation loss and site disturbance to the maximum extent feasible;

b.

The volume and velocity of storm water runoff to creeks or storm drains is not increased by the project. Storm water detention and treatment facilities are incorporated, such as: permeable products such as porous pavement, modular pavers and decks instead of asphalt or concrete; installation of vegetation and vegetated swales, bio-filtering, infiltrative landscaping, etc.; cistern or other detention/retention structure; infiltration trench; storm drain energy dissipaters; and runoff routed to landscaped areas;

c.

Erosion control and slope stability measures are incorporated, such as native tree and vegetation planting; erosion control fabric such as jute netting; terracing or berms; and crib walls with slope stabilization native vegetation planting. Slope stabilization both along and within creek channels use bio-engineering techniques rather than concrete, metal, and grouted rock elements;

d.

Best management practices will be employed to assure that construction activity will not adversely impact creek bank, riparian corridor, water flow, or water quality. Such practices shall address issues including, but not limited to: protection of trees and riparian vegetation to be retained, including physical barriers; location of debris and construction materials away from the creek; erosion control devices around construction areas; dust control; litter control; and prohibition of use of hazardous materials;

e.

The plan provides for vegetation indigenous to the site or plant community to be restored, enhanced and monitored in areas affected by construction activities. Plans shall describe all restoration and enhancement vegetation proposed for all surfaces to be exposed during development activities, including any graded areas. Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. Plants which minimize fire hazards shall be utilized adjacent to buildings and structures and new plantings shall be given sufficient water, fertilizer and protection to ensure re-establishment. Protection of tree crowns and root zones shall be required for all trees planned for retention.

G.

Exceptions to Required Submittals. Exceptions to submittal requirements may be made by the Zoning Administrator for projects which will not result in disturbance to the land or where on-site conditions clearly demonstrate that the site is not occupied by a creek and/or riparian habitat vegetation. An applicant requesting a waiver of submittal requirements shall submit sufficient information to substantiate the waiver.

H.

Conditions of Use Permit Approval for Roofed Structures Within Setback. Approval of any roofed structure within the creek setback area is subject to the following requirements:

1.

All measures specified in the creek and riparian habitat protection plan and any environmental mitigation measures shall become conditions of approval for the project. In addition, all such measures shall be carried out prior to final clearance of the building permit or concurrently with the installation of site improvements in the case of a subdivision map.

2.

All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, or other applicable agency shall be obtained prior to, or concurrently with the approval of any city permits.

3.

A construction management plan shall be submitted, reviewed, and approved with all building permit applications that demonstrates how creek and riparian habitat protection measures will be implemented throughout construction.

I.

Existing Nonconforming Structures. The provisions of Chapter 19.27, Nonconforming Uses and Structures shall apply except that additions or enlargements that extend a nonconforming yard are not permitted in the -CP overlay district.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Permit Required. Culverting and riprapping shall be prohibited unless there is strong evidence that there is no other reasonable means to prevent the erosion of adjacent supports, foundations, or property. A permit from the City Engineer and Zoning Administrator shall be required to construct or cause to be constructed, any wall, culvert, drain, bulkhead or other structure in any natural watercourse or creek in the city, or to place riprap or any debris in the channel or on the banks.

B.

Required Submittals. The City Engineer and Zoning Administrator shall require the applicant to submit plans and specifications for such a wall, bulkhead, culvert, drain, structure or bank protection work that specifies the exact location and extent of the project. Any work that has been granted a permit shall be carried out under the supervision of the City Engineer, or his or her designated representative.

C.

No Alternatives. A permit to construct any wall, culvert, drain, bulkhead or other structure pursuant to this Section shall not be granted if an alternative is available to solve the problem, including:

1.

Excavating to restore a natural meander, stream geometry and channel roughness.

2.

Clearing debris.

3.

Flood proofing such as minor redesign of buildings, relocation of porches or other minor structures, sheds, garages, raising of such structures, or raising the grade of adjacent land.

4.

Removing structures where feasible.

5.

Stabilizing the bank using vegetation or a combination of revegetation construction (soil bio-engineering) that does not degrade the existing natural environment. This may include the use of vegetated and dirt filled bagions, vegetated wood cribwalls, live and dead brush matting, fascines, brush layering and cuttings, and other similar strategies based on employing plants as the long-term stabilizing materials.

6.

Vegetation management that can include selective clearing that retains a riparian canopy and root structure to preserve riparian habitat, control unwanted undergrowth and stabilize banks.

7.

Setback levee construction or flood wall construction on the flood plain.

8.

Changes in site design, including but not limited to removal of impervious surface area.

D.

Coordination with Other Permit Requirements. All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, or other applicable agency shall be obtained, and all required environmental review pursuant to the California Environmental Quality Act shall be satisfied prior to, or concurrently with the approval of a permit by the City Engineer.

E.

Appeals. Decisions by the Zoning Administrator and/or the City Engineer may be appealed to the Planning Commission, subject to the provisions of Chapter 19.39, Appeals.

(Ord. 2008-2 Div. II (part), 2008.)

No grading, alteration of the natural contours of the land, cutting or alteration, or removal of creek bank vegetation, within the creek or creek setback area shall be permitted except in any of the following instances:

A.

Approved Structures. It is required for the construction of a structure approved under Section 19.12.060 or 19.12.070 and the building permit for such structure has been issued.

B.

Public Health and Safety Projects. The City Engineer and Zoning Administrator determines such grading is for emergency purposes, or a maintenance or capital improvement project that is necessary to protect public health and safety and any required environmental review is completed. An administrative use permit will be required for cutting back and/or replacing existing vegetation for safety purposes.

C.

Other Projects. For other projects, such as creek restoration and enhancement, with the approval of a Conditional Use Permit and if the project meets all of the following requirements:

1.

Provides equal or better habitat and creek protection as compared to current conditions.

2.

Does not impair the functional capacity of the habitat.

3.

Does not cause significant creek bank erosion.

4.

Does not have a detrimental effect on water quality or quantity.

5.

Is in accordance with applicable permits required by the Department of Fish and Game and/or any other applicable local, State or Federal agency.

(Ord. 2008-2 Div. II (part), 2008.)

The specific purposes of the -HZ Hazard overlay district are to:

A.

Mandate the review, evaluation, and restriction of land use that may be subject to undue risk in areas identified on the City's Hazard Special Study Map, including very high hazard severity zones, flood hazard areas, and geologically hazardous areas as called for by the Tri Cities Seismic Safety Study, published on September 9, 1973.

B.

Require soils and geologic review of development proposals to assess potential seismic hazards related to slope stability, earthquake ground shaking, fault ground rupture, and liquefaction potential.

C.

Require all geologic hazards be adequately addressed and mitigated through project development.

(Ord. 2008-2 Div. II (part), 2008.)

The provisions of this Chapter shall apply to all areas mapped and identified on the Hazard Special Study Map, commissioned by the City Building Official. The Hazard Special Study Map depicts areas within the City where there are: (1) Seismic and Geologic Hazards based on the 1973 Tri-Cities Study, (2) Very High Fire Hazard Severity Zones; and (3) Flood Hazard Areas. The City Engineer or Building Official may apply requirements of this district to properties outside the -HZ Hazard overlay district if the City Engineer reasonably determines that a potential hazard exists which should be evaluated. More precise information can be found in the Seismic Safety Study for the General Plan, Tri-Cities Seismic Safety and Environmental Resources Study, 1973.

(Ord. 2008-2 Div. II (part), 2008.)

All permit applications for projects located within areas of the -HZ Hazard overlay district more specifically identified as "Active Faults — Earthquake Fault Zone" and "High Landslide Risk Areas" on the Hazard Special Study Map shall require the following reports:

A.

New Construction. All new construction shall require a soils report and a geologic report, subject to the requirements of Sections 19.13.040 and 19.13.050.

B.

Additions. Any additions to existing structures that require the installation of a foundation, shall require a soils report, subject to the requirements of Section 19.13.040. A soils report may not be required for small additions (less than 50 square feet in floor area), based upon the determination of the City Engineer or Building Official.

C.

Miscellaneous Structures and Small Additions. A soils report shall not be required for detached non-habitable structures that total 225 square feet in floor area or less.

(Ord. 2008-2 Div. II (part), 2008.)

A soil report, based upon adequate test borings or excavations, shall be prepared by a civil engineer registered with the State of California, subject to the following requirements:

A.

Contents. The soil report shall assess the potential for landsliding, ground shaking, and surface faulting. If the soil report indicates the presence of soil conditions which, if not corrected, could lead to structural defects, the report shall recommend corrective action that is likely to prevent structural damage to each structure proposed to be constructed.

B.

Review of Report. The soil report shall be reviewed and approved by the Building Official and/or City Engineer prior to issuance of any building or grading permit. The Building Official may have the soil report independently reviewed by a licensed geotechnical engineer, registered by the state of California, the cost of which shall be borne by the applicant. The recommended action shall be incorporated in the construction of each structure as a condition to the issuance of any building permit.

(Ord. 2008-2 Div. II (part), 2008.)

A geologic report (based on the Alquist-Priolo Earthquake Fault Zoning Act and related regulations, California Public Resources Code Section 2621 et seq., or any successor statutes, and California Code of Regulations, Title 14, Section 3600 et seq., or any successor regulations) shall be prepared by a certified engineering geologist, subject to the following requirements:

A.

Content. The report shall identify, describe and illustrate, where applicable, potential hazards of surface fault rupture, seismic shaking, liquefaction or landslide and shall include:

1.

Review of Conditions. A review of the local and regional seismic and other geological conditions that significantly affect the proposed use.

2.

Assessment. An assessment of conditions on or near the site that would contribute to the potential for damage to a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed are to include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential.

3.

Recommendations. Recommended building techniques, site preparation and mitigation measures, or setbacks necessary to reduce risks to life and structural damage to property from seismic damage, landslide, groundwater and liquefaction to insignificant levels.

(Ord. 2008-2 Div. II (part), 2008.)

No report is required for an application located in an area for which the City Engineer and Building Official determine that sufficient information exists because of previous geology or soils reports. If the application for development is made in connection with a subdivision, any required soils reports shall be prepared pursuant to Title 18, Subdivisions, of the El Cerrito Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

All new roof coverings in areas of the -HZ Hazard overlay district identified on the Hazard Special Study Map as "Very High Fire Hazard Severity Zones," shall require at least a Class B rated roof. Wood shingle and wood shake roofing is prohibited in these areas.

(Ord. 2008-2 Div. II (part), 2008.)

New construction and additions in areas of the -HZ Hazard overlay district identified on the Hazard Special Study Map as "Flood Hazard Areas," shall comply with Federal Flood Plain Guidelines for construction in these areas.

(Ord. 2008-2 Div. II (part), 2008.)

The specific purpose of the -PD Planned Development district is to provide for detailed review of development that warrants special review and deviations from the existing development standards. This district is also intended to provide opportunities for creative development approaches and standards that will achieve superior community design, environmental preservation and public benefit, in comparison to subdivision and development under district regulations.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Rezoning Required for Approval of a Planned Development District. Approval of a Planned Development district shall constitute an amendment to the Official Zoning Map wherein the base-zoning district is combined with the -PD district for those parcels identified in the Planned Development application.

B.

Land Use and Density Regulations. The land use and density requirements within a -PD Planned Development district shall be as provided in the approved -PD district.

C.

Modification of Standards. The City Council may approve a Planned Development district that deviates from the minimum lot area, yard requirements, building heights, other physical development standards, and land use and density requirements of other zoning districts.

D.

Development Agreement. A development agreement processed pursuant to Chapter 19.41 will be required for the establishment of a development application within a Planned Development District.

E.

Minimum Size for a Planned Development District. A PD shall only be considered for an area at least 10,000 square feet in size.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § IX, 4-20-2009)

A.

Reference to Rezoning Procedures. Applications for approval of a Planned Development district shall be accepted and processed pursuant to Chapter 19.40, Amendments to Zoning Map and Text.

B.

Reference to Use Permit Procedures. Applications for approval of a Planned Development use permit shall be accepted and processed in the same manner as a Conditional Use Permit, pursuant to Chapter 19.32, Common Procedures and Chapter 19.34, Use Permits, although additional information is required to be submitted in order to determine that the intent of the Zoning Ordinance and General Plan are met. It is not required that the Planned Development use permit be processed concurrently with a planned development rezone and development agreement. However, final approval of a use permit for a Planned Development must occur simultaneously with or subsequent to rezoning.

C.

Decision-Making Body. An application for a Planned Development District rezone shall be reviewed at a public hearing by the Planning Commission and the Planning Commission shall make a recommendation to City Council. The City Council shall consider the recommendation of the Planning Commission at a public hearing, and act on the proposed Planned Development District rezone. An application for a Planned Development Use Permit and associated Development Agreement shall be reviewed and considered by the Planning Commission. The Planning Commission shall be the final decision authority on the Planned Development use permit (unless appealed). The Planning Commission shall make a recommendation on the Planned Development District and Development Agreement to the City Council. The City Council shall be the final decision authority on the Development Agreement.

D.

Initiation. The City Council, the Planning Commission, property owners in the area that is the subject of an application or their agent may initiate the application by petition for a Planned Development District or Use Permit.

E.

Pre-Application Review. Prior to submitting an application for a Planned Development District or Use Permit an applicant shall schedule a pre-application review conference with the Zoning Administrator.

F.

Planned Development District and Use Permit Requirements. Applications for approval of a Planned Development Permit shall contain all of the following information plus any additional information required by staff:

1.

Project Boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, and the location of buildings, roads, parking and open areas.

2.

Topography. The existing and proposed changes in topography of the site, including the degree of land disturbance, the location of drainage channels or watercourses and the direction of drainage flow.

3.

Utilities—Existing Structures and Trees. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site. The location of any existing structures and trees on-site or in the adjoining right-of-way designated for retention or removal.

4.

Site Plan. A site plan showing the precise dimensions and locations of existing and proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities. The site plan shall also indicate all of proposed site uses or activities to be conducted on the site, with related floor area or calculations of site area to be devoted to such uses.

5.

Architectural Concepts. Plans showing architectural concepts of the proposed building, including heights, design, exterior materials of proposed buildings, other structures, fencing and signage.

6.

Development Schedule. A preliminary development schedule, indicating the sequence and timing of development and the priorities of any phased development.

7.

Open Space Plan. A proposed open space plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to the open area of the property.

8.

Engineering Plans. Engineering plans showing site grading, and amount of cut and fill, including finished grades and proposed drainage facilities.

9.

Statement Regarding Compliance with Findings. Written statement and illustrations to demonstrate how the project meets the required findings, and provides superior community design, environmental preservation, and/or public benefit amenities.

10.

Other Information. Any other information deemed necessary by the Zoning Administrator to ascertain if the project meets the required findings for a Planned Development Permit.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Required Findings for a Planned Development District. A -PD district Zoning Amendment shall only be approved if all of the following findings are made:

1.

The project meets all of the findings required for a zoning amendment pursuant to Chapter 19.40.

2.

Development within the proposed -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district as indicated by either the conceptual plans submitted as part of the Planned Development application or the project submitted for consideration of a Planned Development Permit.

3.

The conceptual plans submitted with the application conform in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

B.

Required Findings for a Planned Development Use Permit. A Planned Development Use Permit shall only be approved if all of the following findings are made:

1.

The project meets all of the findings required for a use permit pursuant to Section 19.34.040, including a finding that the project described in the application, or modified by any condition of approval and conforms in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

2.

Development within the -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

a.

Appropriateness of the use(s) at the proposed location.

b.

The mix of uses, housing types, and housing price levels.

c.

Provision of units affordable to persons and families of low and moderate income or to lower income households.

d.

Provision of infrastructure improvements.

e.

Provision of open space.

f.

Compatibility of uses within the development area.

g.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

h.

Overall contribution to the enhancement of neighborhood character and the environment of El Cerrito in the long term.

i.

Creativity in design and use of land.

(Ord. 2008-2 Div. II (part), 2008.)

In approving a Planned Development district, the Planning Commission or City Council may impose any deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the El Cerrito General Plan and with any other applicable plans or policies that the City has adopted;

B.

Achieve the general purposes of this Zoning Ordinance;

C.

Achieve the findings for a Planned Development listed in Section 19.14.040; or

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(Ord. 2008-2 Div. II (part), 2008.)

Planned Development Use Permits are effective and may be extended or modified as provided for use permits in Chapter 19.32, Common Procedures, subject to the following limitations:

A.

Tentative Map. Where a tentative map has been approved in conjunction with a -PD district project, the Planned Development Use Permit shall expire upon the expiration of the tentative map.

B.

Phased Development. In the event that the applicant intends to develop the project in phases, and the Planning Commission or City Council, if applicable, approves phased development, the Planned Development Use Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase, unless an extension is approved by the Planning Commission or City Council, if applicable.

(Ord. 2008-2 Div. II (part), 2008.)

The general purpose of the San Pablo Avenue Special Plan District is to recognize and designate the unique planning context of the San Pablo Avenue corridor and to prescribe planning and design principles for the plan area. In addition to furthering the general principles of the El Cerrito zoning ordinance, the specific purposes of the district include the following:

A.

To establish area-specific and context-sensitive development standards to produce an attractive, coherent and efficient built environment.

B.

To identify public improvements necessary to accommodate and support development in the plan area.

C.

To permit development in the plan area while ensuring adequate standards relating to public health, safety, welfare, comfort and convenience.

(Ord. No. 2014-07, § 2, 10-7-2014)

The San Pablo Avenue specific plan was adopted by the city council on September 22, 2014 by Resolution No. 2014-52. All notations, references, and other information shown in the SPASP are incorporated by reference and shall be deemed as much a part of this title as if the matter and information set forth in the plan were fully described in this chapter. all terms not otherwise defined in the San Pablo Avenue specific plan shall have the meaning set forth in the El Cerrito Municipal Code. In the event of a conflict between the terms, conditions, requirements, policies, or other provisions of the San Pablo Avenue specific plan and the el cerrito municipal code, the San Pablo Avenue specific plan shall take precedence.

(Ord. No. 2014-07, § 2, 10-7-2014)

Land uses within the San Pablo Avenue Special Plan District shall be permitted as prescribed in the San Pablo Avenue Specific Plan.

(Ord. No. 2014-07, § 2, 10-7-2014)

Development standards within the San Pablo Avenue Special Plan District shall be those standards prescribed in the San Pablo Avenue Specific Plan.

(Ord. No. 2014-07, § 2, 10-7-2014)