The purpose of the provisions contained herein is to regulate the construction, use and sale of model homes within the city and to permit the advertising of new developments within the city while ensuring that the provisions of this code are met.

(Prior code § 9260)

Model homes shall be located and/or erected only in the R-1, R-2, R-3, R-4 and R-5 zones, subject to the provisions hereof.

(Prior code § 9260.1)

Within the boundaries of an approved tentative tract map, no more than eight single-family or condominium units or other permitted buildings are to be used as:

1.

Model units; and/or

2.

Temporary realty offices (one single-family dwelling or other permitted building); and

3.

Outdoor advertising structure (no more than two such structures), each having no more than two hundred fifty square feet of sign face area, used exclusively to sell lots and dwelling units located on the property included on the tentative subdivision tract map. The location of these structures is subject to the approval of the city planner.

B.

The development standards applicable, pursuant to this title, shall apply to uses permitted pursuant to subsections A (1) and (2) of this section. (See Chapter 17.10, residential zone requirements chart.)

(Prior code § 9260.2)

Prior to the issuance of any building permit for buildings and structures permitted pursuant to Sections 17.58.020 and 17.58.030, the owner of the property which is included in the tentative subdivision tract map (or the owner's agent) shall submit a plot plan for each building or structure to the city planner for approval. Such plot plans shall be processed as follows:

A.

The city planner shall notify the owner of his/her decision as to whether the proposed models are in conformity with the conditions of approval relating to tentative subdivision tract map. The notice shall be in writing. An adverse decision shall be subject to written appeal to the planning commission. The appeal shall be filed with the secretary of the planning commission within fourteen days of the mailing of notice of decision to the owner.

B.

At the time of the hearing, the commission shall give the applicant a reasonable opportunity to be heard on the matter and shall determine whether such plot plans conform to the tentative subdivision map, as approved. If the plans do conform, they will be approved. If the plans do not conform to the tentative map, the commission may give conditional approval or deny the plot plans.

C.

The commission's decision shall become final, in the absence of an appeal to the city council perfected in the time and manner set forth in Chapter 17.78 of this code.

D.

If an appeal is filed, the commission's file shall be transmitted to the city council. The council shall approve, conditionally approve or disapprove such plot plans. Such action will be final.

(Prior code § 9260.3)

The applicant shall accept, as conditions of approval on any building permit for buildings or structures permitted by Chapters 17.10 through 17.20 of this code, conditions which will be endorsed on the face of each permit, the following:

A.

That such buildings and/or structures shall not be used for the conduct of a general real estate business, but only as temporary facilities to assist in sales of lots and dwelling units located within the boundaries of the tentative subdivision tract map; and

B.

That such buildings and/or structures will not be used for human habitation unless a final subdivision tract map has been approved and recorded, and until a certificate of occupancy for dwelling purposes has been duly issued for each such structure; and

C.

That if final subdivision tract map is not submitted, approved and recorded within the time allowed by law that the applicant will, within sixty days:

1.

Demolish or remove each building or structure, at applicant's sole cost, or

2.

Obtain approval of a subdivision of the land, by a parcel map, in accordance with the provisions of this code, relating to the land on which such buildings and/or structures are built; and

D.

That the applicant will deposit with the city cash, or an instrument of credit in a form approved by the city attorney, sufficient to guarantee that such buildings and/or structures will be demolished or removed, if required pursuant to this code; and

E.

That the temporary real estate sales office and outdoor advertising structures shall be removed within thirty days following the sale of subdivision.

(Prior code § 9260.4)