Sacramento City Zoning Code
Division VIII
ADMINISTRATIVE MATTERS
17.800.010 Submittal of applications.
A. The owner of real property, or the authorized agent of the owner, may submit an application for a permit or legislative change request under this title relating to development on the property. The application shall be in writing and shall be filed with the planning director upon forms provided by the city.
B. The application shall be accompanied by an application fee as provided in section 17.800.020, and by the plans, specifications, and other information required by the planning director.
C. The applicant and its successors in interest shall agree, in a form acceptable to the city attorney, to defend, indemnify, and hold harmless the city, its council members, boards, commissions, officers, employees, and agents from and against all damages, costs, and attorneys' fees that may arise in connection with the city's processing, issuance, or denial of a permit under this title, excluding the City's staff attorney fees. The city, in its sole discretion, may utilize outside counsel to defend any claim.
D. The applicant shall attest by signature on the application that the information stated in the application is true to the best of the applicant's knowledge and belief. (Ord. 2024-0017 § 67; Ord. 2021-0024 § 42; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.800.020 Application fee.
A. Application fee established. An application fee is hereby established and imposed on applicants for a permit, a request for legislative change, or an appeal under this chapter, to cover the costs of all aspects of administration of the city planning agency and all other city departments relating to the processing and decision on the application. Costs include application intake, processing, review, and evaluation; hearings and appeals; meetings, consultations, and research; preparation and revisions to plans and policies that the city is required to adopt to make necessary findings and determinations; environmental reviews and studies; and other service charges, enforcement, and administrative overhead. The amount or method of calculation of the application fee (including deposits and hourly rates), and each component of the fee, shall be established by resolution of the city council.
B. Application fee options. The application fee is due and payable upon submission of the application, and shall be in the amount and subject to terms as follows:
1. Fee based on estimate of processing costs. An application fee based on an estimate of staff time and resources that will be expended on the application shall be paid upon submission of the application. If the actual cost of processing the application exceeds the initial fee paid, the planning director shall mail notice to the applicant, using the applicant's address stated in the application, specifying the amount of the additional fee and stating that the additional fee is immediately due and payable.
2. Fee based on actual processing costs. An application fee based on actual staff time and resources expended on the application shall be calculated using the applicable hourly rate and shall be billed and paid in accordance with administrative rules and regulations established by the planning director. The planning director may require a deposit upon submission of the application. Monthly invoices shall be mailed to the applicant, using the applicant's address stated in the application, specifying the amount of fees owing and stating that the fee is immediately due and payable.
3. Selection of application fee option. The planning director shall determine whether the fee for an application shall be based on an estimate of, or the actual, processing costs, taking into account the project type and complexity.
4. Suspension of application processing due to failure to pay fees. The planning director shall suspend the processing of an application if the applicant has not paid any portion of an application fee in full prior to noon of the next hearing date scheduled for the application. The application shall be reactivated following full payment of fees, unless the application has been denied or withdrawn under section 17.800.030 or section 17.800.040.
C. Fee waiver or reduction. The planning director, in the director's sole discretion, may waive or reduce an application fee for residential developments assisted by the federal or state governments or by a local public entity, as defined in California Health and Safety Code section 50079, or other residential developments intended for occupancy by persons and families of low and moderate income, as defined in California Health and Safety Code section 50093, or persons and families of middle income, as defined in California Government Code section 65008, subdivision (c).
D. Refund of application fee. If an application is voluntarily or involuntarily withdrawn prior to a decision on the application, the applicant is entitled to a refund, without interest, of those portions of the application fee paid to the city for performance of services or payment of costs associated with the application that have not yet been performed or incurred. The applicant shall submit an application for the refund within 30 days of withdrawal of the application. Failure to submit a timely application for a refund shall be an absolute waiver of any right to the refund.
E. Appeal. The amount or propriety of an application fee may be appealed only under chapter 1.24. (Ord. 2024-0017 § 68; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.800.030 Acceptance of applications as complete.
A. Purpose. This section is intended to implement the Permit Streamlining Act (Government Code section 65920 et seq. [the "Act"]), and it should be interpreted and applied in a manner consistent with the Act.
B. Determination of completeness. Within 30 days of submittal of an application and payment of the initial application fee, or of submittal of additional information under subsection C of this section, the planning director shall determine whether the application is complete or if additional information is required, and shall give written notice of the determination to the applicant. If additional information is required, the notice also shall specify what additional information must be submitted.
C. Requests for additional information-Withdrawal of application.
1. Unless an appeal of the planning director's determination that additional information is required is filed under subsection E of this section, an applicant shall provide the additional information to the planning director within 30 days of the request, unless the applicant and the director agree to a different time period. If the requested additional information is not provided within the time specified in this subsection C.1, the application shall be deemed withdrawn.
2. After the application has been determined to be complete, the planning director may request additional information based upon any change in the project, any change in the circumstances applicable to the project, or if so directed by the commission, council, or other governmental body having jurisdiction by law over the project.
D. Extensions of time to complete application. This section shall not be construed to prevent an applicant and the planning director on behalf of the city from mutually agreeing to an extension of any time period established by the Act or by this section.
E. Appeals related to application completeness. An applicant who is dissatisfied with the planning director's determination regarding the completeness of the application may appeal the determination to the planning and design commission. The appeal shall be heard and decided as provided in chapter 17.812. The appeal shall be heard and resolved by the planning and design commission not later than 60 days from the date of the appeal. If the planning and design commission determines that additional information is required to render the application complete, the applicant shall submit the additional information within 30 days of the effective date of the decision, unless the planning and design commission specifies a longer period of time. If the requested additional information is not provided within the time specified in this subsection E, the application shall be deemed withdrawn. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.800.040 Withdrawal or denial of application for failure to process in a timely manner.
A. General. An application for a permit or a request for legislative change that has been accepted as complete under section 17.800.030 shall be processed by the applicant in a timely manner. Upon a determination by the planning director that an applicant is not processing an application in a timely manner, the planning director shall notify the applicant of this determination in the manner set forth in subsection B of this section and shall advise the applicant of the director's intent to deny the application due to the applicant's failure to process the application in a timely manner. For purposes of this provision, the processing of an application shall be considered untimely if the applicant does not respond to a written request by the director for further information or for payment of additional processing fees due from the applicant within 30 days of the date of mailing of the written request, or such additional time as the director and the applicant may agree to in writing.
B. Notice. Upon a determination that an application is not being processed in a timely manner, the planning director shall give mailed notice to the applicant of this determination and advising the applicant of the right to either withdraw the application or appeal the planning director's determination. The notice also shall advise the applicant that if the application is not withdrawn or appealed within 15 days of the date notice was given, the application shall be deemed denied.
C. Withdrawal. The applicant may withdraw an application by notifying the planning director in writing within 15 days of the date notice was given under subsection B of this section that the application is withdrawn. An application that is withdrawn shall not be subject to the one year restriction set forth in subsection F of this section.
D. Appeal. The applicant may appeal the planning director's determination that an application is not being processed in a timely manner to the planning and design commission. The appeal shall be heard and decided as provided in chapter 17.812, except the appeal shall be filed within ten days of the date notice was given under subsection B of this section.
E. Issue on appeal. The sole issue to be considered by the planning and design commission on appeal shall be whether the application was being processed in a timely manner. If the appeal is sustained, the application shall be referred back to the planning director for further processing.
F. Effect of denial for failure to process in a timely manner. An application that is denied for failure to process in a timely manner under this section shall be considered a denial subject to the one-year restriction on re-submittal of applications under section 17.800.050. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.800.050 Denial of application-Time to resubmit.
If an application for an administrative or discretionary permit, or a legislative change request, has been denied in whole or in part by a final decision under this title, a new application for substantially the same permit or legislative request shall not be filed for a period of one year from the effective date of the final decision. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.010 Purpose.
The purposes of this chapter are to establish a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city's land use and zoning standards, regulations, policies, and procedures and to establish criteria for evaluating the requests. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.020 Findings.
The council of the city of Sacramento finds as follows:
A. The housing element of the city's general plan identifies housing that is accessible to people with disabilities as a special housing need.
B. The housing element calls for a reasonable accommodation ordinance that streamlines and formalizes city procedures related to accessibility and adaptability accommodations for development.
C. Both the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) ("the Acts") impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their rules, policies, practices, or services related to land use regulation when such accommodation may be necessary to afford an individual with a disability an equal opportunity to housing.
D. The city of Sacramento has historically provided for reasonable accommodation consistent with the Acts through the use of existing regulatory procedures not specifically designed for people with disabilities.
E. Codification of a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city's land use and zoning standards, regulations, policies, and procedures and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair, and efficient handling of such requests in accordance with the Acts' reasonable accommodation mandates. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.030 Definitions.
"Acts" means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.
"Applicant" means an individual who files an application for reasonable accommodation under this chapter.
"Individual with a disability" means any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person's major life activities, as those terms are defined in the Acts.
"Reasonable accommodation" means a modification to or waiver of the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, which modification or waiver would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning programs. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.040 Request for reasonable accommodation.
To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter to modify a land use or zoning standard, regulation, policy, or procedure under this title as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under section 17.804.050. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.050 Application requirements.
A. Application. An application for reasonable accommodation shall be submitted on a form prescribed by the planning director, or in the form of a letter addressed to the planning director, and shall contain the following information:
1. The name, address, and telephone number of the applicant;
2. The name, address, and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;
3. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;
4. If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application being made;
5. The address and current use of the property for which the reasonable accommodation request is being made;
6. The basis for the claim that the individual to be reasonably accommodated is disabled under the Acts;
7. A description of the reasonable accommodation request and the land use or zoning standard, regulation, policy, or procedure to be modified or waived; and
8. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling.
B. Review with other land use applications. If the project for which the application for reasonable accommodation is being made requires approval of another permit under this title, then the applicant shall file the application for reasonable accommodation together with the application for the other permit, for concurrent review and action.
C. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed by law.
D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.
E. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.060 Review authority.
A. Planning director review.
1. The planning director shall review an application for reasonable accommodation if the application is not filed with an application for another permit.
2. If the application does not otherwise require a site plan and design review permit, the planning director shall consult with the design director if the application involves a property that is located in a design review district, or with the preservation director if the application involves a property that is located in a historic district, is a structure that is at least 50 years old, or is a landmark.
B. Other reviewing authority. An application for reasonable accommodation submitted for concurrent review with another permit under this title shall be reviewed by the authority reviewing the other permit. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.070 Review procedure.
A. Planning director review.
1. Written notice of the filing of an application for reasonable accommodation shall be mailed by the planning director to the owners of real property within a radius of 100 feet from the exterior boundaries of the subject property utilizing the owner names and addresses shown on the latest county equalized assessment roll. The notice shall be mailed no later than the next business day following the date the application is accepted as complete and shall describe the scope and nature of the requested reasonable accommodation.
2. Within 30 days of acceptance of the application as complete, the planning director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 17.804.080. The planning director shall mail written notice of the decision and of the right to appeal to the applicant. The written decision shall explain in detail the basis of the decision, including the planning director's findings on the criteria stated in section 17.804.080. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request additional information from the applicant consistent with the Acts, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
3. The planning director shall mail written notice of the decision and of the right to appeal to the same property owners who received notice of the application under paragraph 1 of this subsection. The notice shall be mailed no later than the next business day following the date the written decision is issued.
B. Other reviewing authority. If the application for reasonable accommodation is submitted for concurrent review with another permit under this title, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on the other permit under this title. The decision to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with section 17.804.080. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.080 Findings and decision.
A. Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following criteria:
1. Whether the housing or housing-related facilities that are the subject of the request will be used by an individual with a disability under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.
6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.
7. Whether alternative reasonable accommodations could provide an equivalent level of benefit.
B. Conditions of approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.804.090 Appeals.
A. Decision of planning director.
1. Any person who is dissatisfied with a decision made by the planning director on an application for reasonable accommodation may appeal the planning director's decision. The planning director will consider the nature of the appeal and determine whether the planning and design commission or preservation commission shall hear the appeal. The appeal shall be set for hearing to occur not later than 45 days from the date of filing. Notice of the appeal hearing shall be given by mail to the appellant and the applicant not later than ten days prior to the hearing. Except as stated in this section, the appeal shall be heard and decided as provided in chapter 17.812.
2. The decision of the commission on the appeal shall be made in accordance with section 17.804.080 and shall be final.
B. Decision by other reviewing authority. A decision on an application for reasonable accommodation submitted for concurrent review with another permit under this title shall be subject to the same appeal rights as apply to the other permit.
C. Reasonable accommodation in appeal procedures. An applicant may request reasonable accommodation for the appeal procedure. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.810.010 Purpose and intent.
The purpose of this chapter is to comply with provisions of state law that require the city to make specific findings prior to approving certain land use entitlements and other permits for projects located within a flood hazard zone. (Ord. 2016-0012 § 5)
17.810.020 Development agreements.
The city council shall not approve the execution of a development agreement for property that is located within a flood hazard zone unless the city council finds, based on substantial evidence in the record, one of the following:
A. The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
B. The city has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
C. The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;
D. The property in an undetermined risk area has met the urban level of flood protection;
E. The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or
F. The property is located within a watershed with a contributing area of 10 or fewer square miles. (Ord. 2016-0012 § 5)
17.810.030 Permits and entitlements.
The decision-maker, as designated in the Planning and Development Code, shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone unless the decision-maker finds, based on substantial evidence in the record, one of the following:
A. The facilities of the State Plan of Flood Control or other flood management facilities protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
B. The city has imposed conditions on the permit or discretionary entitlement that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
C. The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;
D. The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record;
E. The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or
F. The property is located within a watershed with a contributing area of 10 or fewer square miles. (Ord. 2016-0012 § 5)
17.810.040 Maps.
The decision-maker, as designated in the Planning and Development Code, shall not approve a tentative map, or a parcel map for which a tentative map is not required, for a subdivision that is located within a flood hazard zone unless the decision-maker finds, based on substantial evidence in the record, one of the following:
A. The facilities of the State Plan of Flood Control or other flood management facilities protect the subdivision to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
B. The city has imposed conditions on the subdivision that will protect the project to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas;
C. The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system which will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system;
D. The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record;
E. The property is located in an area of potential flooding of three feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection; or
F. The property is located within a watershed with a contributing area of 10 or fewer square miles. (Ord. 2016-0012 § 5)
17.812.010 Procedures - Levels of review.
A. Council-level review.
1. Hearing required. Council-level review is conducted by the city council, is discretionary in nature, and is subject to a noticed public hearing. Interim ordinances are not subject to a noticed public hearing as provided in section 17.916.030.
2. Notice.
a. Notice of a council-level review hearing is given by posting and mail as provided in section 17.812.030 for private development projects that include a discretionary permit.
b. Notice of a council-level review hearing is given by publication and mail as provided in section 17.812.030 for the following:
i. Private development projects that include a request for a legislative change;
ii. City-initiated amendments to a general plan or specific plan land use designation of a parcel; and
iii. City-initiated rezonings.
c. Notice of a council-level review hearing is given by publication as provided in section 17.812.030 for the following:
i. City-initiated amendments to the general plan or a specific plan under section that do not include an amendment to the land use designation of a parcel; and
ii. City-initiated amendments to the text of this title.
B. Commission-level review.
1. Hearing required. Commission-level review is conducted by the planning and design commission or the preservation commission as provided in this title, is discretionary in nature, and is subject to a noticed public hearing.
2. Notice.
a. Notice of a commission-level review hearing is given by posting and mail as provided in section 17.812.030 for private development projects that include a discretionary permit.
b. Notice of a commission-level review hearing is given by publication and mail as provided in section 17.812.030 for the following:
i. Private development projects that include a request for a legislative change;
ii. City-initiated amendments to a general plan or specific plan land use designation of a parcel; and
iii. City-initiated rezonings.
c. Notice of a commission-level review hearing is given by publication as provided in section 17.812.030 for the following:
i. City-initiated amendments to the general plan or a specific plan that do not include an amendment to the land use designation of a parcel; and
ii. City initiated amendments to the text of this title.
C. Director-level review.
1. Hearing required. Director-level review is conducted by the design director, preservation director, zoning administrator, or planning director as provided in this title, is discretionary in nature, and is subject to a noticed public hearing.
2. Notice. Notice of director-level review hearings is given by posting and mail as provided in section 17.812.030.
D. Staff-level review. The staff-level review is discretionary in nature and is conducted at the staff level under the general direction of the preservation director, design director, or zoning administrator as provided in this title, without notice and hearing.
E. Administrative-level review. The administrative-level review is ministerial in nature and is conducted at the staff level under the general direction of the planning director, without notice and hearing. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.020 Notice and reconsideration of staff-level decisions.
The planning director shall establish policies and procedures to provide notice and reconsideration of decisions made at the staff level of review, including at a minimum the following:
A. Notification of action on the application, including all conditions and proposed findings; and
B. An opportunity for any person dissatisfied with the decision to request review and reconsideration of the decision by the reviewing director before findings of fact are adopted and the decision is final. (Ord. 2017-0061 § 94; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.030 Hearing notices.
A. Contents of notice. Hearing notices shall contain the date, time, and place of the hearing; the name of the hearing body or officer conducting the hearing; a general description of the matter to be considered; a general description, in text or by diagram, of the location of the subject property; and a statement of what environmental determination, if any, has been made on the application to be considered at the hearing.
B. Notice types.
1. Publication. When a provision of this title requires a hearing notice by publication, the notice is published in the official newspaper of the city at least ten days prior to the hearing.
2. Posting. When a provision of this title requires a hearing notice by posting, notice is posted at the subject real property at least ten days prior to the hearing.
3. Mail or personal delivery.
a. When a provision of this title requires hearing notice by mail, notice is given by mail or personal delivery at least ten days prior to the hearing to all of the following persons and agencies:
i. The owner of the subject real property or the owner's duly authorized agent;
ii. The applicant, if any;
iii. The owners of real property located within 500 feet of the subject real property, utilizing the owners' names and addresses shown on the latest county equalized assessment roll. In lieu of the equalized assessment roll, other records of the county assessor or tax collector that contain more recent information may be used;
iv. Those persons who have requested in writing notice of the hearing;
v. Those persons who appeared and sufficiently identified themselves for the record at any prior public hearing conducted by the hearing body or officer before which the matter is pending or by any subordinate hearing body or officer; and
vi. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services to the project may be significantly affected.
b. If the number of owners to whom notice would be mailed or delivered would be greater than 1,000, then in lieu of mailed or personally delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in the official newspaper of the city or another newspaper of general circulation within the city reasonably calculated to provide effective notice to the public at least ten days prior to the hearing.
4. Notice of appeal hearings. Notice of an appeal hearing is given by all of the following methods and to all of the following persons:
a. By posting the notice on the subject real property at least ten days prior to the hearing;
b. By mail or personal delivery at least ten days prior to the date set for the hearing to the following persons:
i. The appellant;
ii. The owner of the subject real property when the owner is not the appellant;
iii. The owners of real property located within 500 feet of the subject real property, utilizing the owner names and addresses shown on the latest county equalized assessment roll. In lieu of the equalized assessment roll, other records of the county assessor or tax collector that contain more recent information may be used;
iv. Those persons who appeared and sufficiently identified themselves for the record before the hearing body or officer before which the original hearing was held; and
v. Those persons who request in writing to be notified of any further proceedings on the matter or who otherwise have requested notice in writing of the hearing.
5. In addition to the notice required by this subsection, additional notice may be given in any other manner as the planning director deems necessary or desirable.
C. Notice of continuances. If a hearing is continued, and the continuance is to a date certain that is announced at the hearing, no additional notice of the continued hearing is required.
D. Effect of failure to receive notice. Failure of any person to receive a hearing notice required to be given by this title does not affect the validity of the hearing nor prevent the hearing body from proceeding with the hearing.
E. Early notice.
1. The planning director shall establish policies and procedures to provide early notification and information to the public regarding the filing and acceptance of applications for permits and requests for legislative changes as determined appropriate by the planning director. In developing the policies and procedures for early notice under this section, the planning director shall seek to accomplish the following objectives:
a. Encourage applicants to contact, obtain input from, and work out differences with affected neighbors and neighborhood associations early in the project design process;
b. Garner the support of affected neighbors and neighborhood associations for the project through the creation of a transparent process that encourages mutual trust and minimizes adversarial hearings and appeals; and
c. Improve the quality of projects and the built environment.
2. Community meetings. At the request of the planning director, mayor, or council member who represents the district in which a project is located, the project applicant shall attend a community meeting to inform the public and solicit feedback about the project. (Ord. 2020-0021 § 46; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.040 Hearing procedures.
Commissions and directors authorized to conduct hearings under this title shall adopt rules of procedure for the conduct of hearings, including rules governing continuances, evidence, and ex parte communications. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.050 Decisions.
A. Transmittal of decision to applicant. The planning director shall cause a record of decision to be prepared for each final decision made on an application for a discretionary permit or legislative change request, and shall transmit the record of decision to the applicant by mail or electronically. A record of decision includes the action taken, conditions of approval, supporting findings, related exhibits, and all other relevant information.
B. When decision is final and effective.
1. Decision at the council-level of review.
a. A decision at the council-level of review on a matter under this title that does not include a legislative act is final and effective when made and written findings of fact are adopted, when required.
b. A decision at the council-level of review on a matter under this title that includes a legislative act is final and effective as follows:
i. A decision on a legislative act that requires adoption of a resolution is final when made and written findings of fact are adopted, if required, and is effective 30 days thereafter, or at any later date as stated in the resolution.
ii. A decision on a legislative act that requires adoption of an ordinance is final when made and written findings of fact are adopted, if required, and is effective 30 days thereafter, or at any other date as stated in the ordinance.
iii. If the decision also includes a non-legislative action, the decision on the non-legislative action is effective upon the effective date of the decision on the legislative act.
2. Decision at the staff, director, and commission level.
a. A decision at the staff-level on a matter under this title is final and effective when the decision is made and findings of fact are adopted.
b. A decision at the director or commission level on a matter under this title that is subject to appeal is final and effective as follows:
i. If no appeal is timely filed, the decision is final when the decision is made and written findings of fact are adopted, and becomes effective ten days after the decision is final.
ii. If an appeal is timely filed, the effective date of the decision is stayed until a decision on the appeal is final and effective, in which case the decision of the director or commission is vacated; or until the appeal is withdrawn, in which case the decision of the director or commission becomes effective on the date of the withdrawal.
3. Decision at the administrative-level. A decision made at the administrative-level on a matter under this title is final and effective when the decision is made. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.060 Appeals.
A. Appeal of commission-level decisions.
1. Except as stated in paragraph 2 of this subsection below, any person dissatisfied with any commission-level decision that is subject to appeal under this title may appeal the decision within 10 days after the decision is final. The appeal must be filed with the planning director using the form provided by the city.
2. A commission-level decision made on an appeal of a director-level decision may not be appealed, except that an appeal of a tentative map or denial of an extension of a tentative map may be appealed to the city council.
B. Appeal of director-level decisions. Any person dissatisfied with any director-level decision that is subject to appeal under this title may appeal the decision within 10 days after the decision is final. The appeal is heard at the commission level. The appeal must be filed with the planning director using the form provided by the city.
C. Appeal of lot line adjustments or mergers of parcels. Appeal of decisions on lot line adjustments or mergers of parcels shall be heard in the same manner as an appeal of a director-level decision.
D. Appeals of tentative maps. In addition to the requirements of this chapter, appeals of tentative maps are subject to the requirements of the Subdivision Map Act.
E. Withdrawal of appeal. Any appeal may be withdrawn by the appellant upon written notice to the planning director delivered prior to the commencement of the appeal hearing.
F. Notice. Notice of an appeal hearing is given by posting and mail as prescribed for appeal hearings in section 17.812.030.
G. Review de novo. The hearing on an appeal is de novo, meaning that the hearing on appeal is not a review of the hearing previously held, but a completely new hearing as if the previous hearing had never occurred.
H. Appeal to be timely filed. An appeal may not be accepted unless it is timely filed and applicable fees paid. (Ord. 2021-0024 § 41; Ord. 2017-0061 § 95; Ord. 2017-0009 § 18; Ord. 2016-0045 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.070 Permits may not be issued until decision is final and effective.
Construction permits, licenses, or other permits for a project or use for which a discretionary approval has been given may not be issued until the decision on the discretionary approval is final and effective. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.080 Limitation of actions attacking decisions.
Except to the extent that section 65090 of the Government Code applies, any action or proceeding to attack, review, set aside, or annul any decision or matter taken or done pursuant to this title, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within 30 days after the date the decision in final. Thereafter, all persons are barred from any action or proceeding challenging, or any defense of invalidity or unreasonableness of, the decision or proceedings, acts, or determinations. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.812.090 Inapplicability of formal rules of evidence; prejudicial error.
The provisions of section 65010 of the Government Code relating to the inapplicability of formal rules of evidence and prejudicial error are expressly adopted herein. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.816.010 General.
For the purposes of this title, the specific requirements for tentative, final, and parcel maps shall be governed by the provisions of this chapter. (Ord. 2017-0009 § 19)
17.816.020 Division of land-Five or more parcels.
A. A tentative map and a final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in California Civil Code section 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:
1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body;
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;
3. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths;
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than one-quarter of a one-quarter section; or
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to California Government Code section 66418.2.
B. A tentative map and a parcel map shall be required for those subdivisions described in subsections A.1 through 5 of this section, except that a parcel map may be waived in accordance with the provisions of section 17.832.110. (Ord. 2017-0009 § 19)
17.816.030 Division of land-Four or fewer parcels.
Except as provided in section 17.828.020 concerning tentative maps for condominium projects, a tentative map and a parcel map shall be required for all subdivisions creating four or fewer parcels, four or fewer condominiums as defined in California Civil Code section 783, a community apartment project containing four or fewer parcels, or for the conversion of a dwelling to a stock cooperative containing four or fewer dwelling units, except that parcel maps may be waived in accordance with the provisions of section 17.832.110. (Ord. 2017-0009 § 19)
17.816.040 Exceptions from tentative and parcel map requirements.
Neither a tentative map nor a parcel map shall be required for:
A. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by section 230 of the California Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 days' notice in writing).
B. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. (Ord. 2017-0009 § 19)
17.820.010 General.
A. Applications for lot line adjustments shall be decided by the director of public works pursuant to the procedures in this chapter.
B. The procedure provided by this chapter is an alternative to the procedures provided by chapters 17.828, 17.832 and 17.836. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map or parcel map for any lot line adjustment. (Ord. 2017-0009 § 20)
17.820.020 Application.
A. An application for a lot line adjustment shall be filed with the director of public works and shall include the following information, materials and documents:
1. Drawings specifying the location of the existing lots, the proposed lot line adjustment, and the boundaries and dimensions of the proposed new lots;
2. A legal description for each new lot within the boundaries of the drawing;
3. A title report for each existing lot within the boundaries of the drawing;
4. Such additional information as the director of public works may require pursuant to sections 17.828.040.C and 17.828.060, considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the subdivision map act or other ordinances and plans of the city.
5. Additional reports, drawings, statements, or other data as required by the director of public works.
B. The application shall be accompanied by a filing fee established by resolution of the city council. (Ord. 2017-0009 § 20)
17.820.030 Process for reviewing lot line adjustment.
A. Application Processing.
1. Within 30 days of receiving an application for a lot line adjustment, the director of public works shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the director of public works shall advise the applicant as to the deficiencies in the application.
2. Within 10 days after an application has been found to be complete and accepted for filing, the director of public works shall transmit copies of the application and, where applicable, copies of drawing, statements and other data required to accompany the application or required subsequent to the filing of the application, to members of the subdivision review committee and to such other public or private agencies or departments as the director of public works determines may be affected by the proposed lot line adjustment.
3. Applications for lot line adjustments shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant's failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the director of public works the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process the lot line adjustment.
B. Action by the director of public works: The director of public works may approve, or conditionally approve, or disapprove a proposed lot line adjustment. (Ord. 2017-0009 § 20)
17.820.040 Findings.
The director of public works shall approve a lot line adjustment sought pursuant to this chapter if the director of public works finds:
A. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record;
B. That the lot line adjustment will not result in the elimination or reduction in size of the access way to any resulting parcel, or that the application is accompanied by new easements to provide access which meet all the city requirements regarding access to parcels in the location and of the size as those proposed to be created; and
C. That the resulting parcels conform to the requirements of the city's general plan, building code, and this title. (Ord. 2017-0009 § 20)
17.820.050 Recording.
Pursuant to California Government Code section 66412(d), the lot line adjustment shall be reflected in a deed, which shall be recorded. (Ord. 2017-0009 § 20)
17.824.010 Purpose.
The purpose of this chapter is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to California Government Code section 66499.20.3. The procedure provided by this chapter is an alternative to the procedures provided by chapters 17.828, 17.832 and 17.836. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map or a parcel map for any merger. (Ord. 2017-0009 § 21)
17.824.020 Merger of parcels authorized.
Pursuant to California Government Code section 66499.20.3, the director of public works is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this chapter. (Ord. 2017-0009 § 21)
17.824.030 Application.
A. An application for a merger pursuant to this chapter shall be filed with the director of public works and shall include the following information, materials and documents, to the satisfaction of the director of public works:
1. Drawings specifying the location of the existing lots, the proposed merger and the boundaries and dimensions of the proposed new lot;
2. A legal description satisfactory to the director of public works;
3. Such additional information as the director of public works may require pursuant to sections 17.828.040.C and 17.828.060 considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the subdivision map act or other ordinances and plans of the city.
B. The application shall be accompanied by a filing fee established by resolution of the city council. (Ord. 2017-0009 § 21)
17.824.040 Process for reviewing mergers.
The procedures for reviewing lot line adjustments shall apply to applications pursuant to this chapter to merge contiguous parcels under common ownership. (Ord. 2017-0009 § 21)
17.824.050 Findings.
The director of public works shall not approve any merger of parcels pursuant to this chapter unless the director of public works makes all of the following findings:
A. That all existing streets or utility easements of record are reserved; and
B. That the resulting parcel conforms to the requirements of this title, the city's general plan, the planning and development code, and the city's building code. (Ord. 2017-0009 § 21)
17.828.010 Purpose.
The purpose of this chapter is to establish the city's regulations, standards and procedures for consideration of tentative map applications. It should be recognized that other agencies may have regulations, standards and procedures for tentative maps. (Ord. 2017-0009 § 22)
17.828.020 Tentative map required.
A. Except as provided in subsection B, for every subdivision, the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this chapter.
B. Condominium projects as defined in California Civil Code section 783 for which a tentative map and final map are not otherwise required are exempt from the tentative map requirement, provided that the land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required. (Ord. 2017-0009 § 22)
17.828.030 Preliminary design evaluation.
A. Preliminary Design Plan. A subdivider may present for consideration by the subdivision review committee a preliminary design plan for informal design evaluation by the subdivision review committee before filing the tentative map application. The preliminary design plan should include, at a minimum, the following information:
1. Street layouts indicating location and type;
2. Basic lot design and size;
3. Land use;
4. Existing natural or man-made features on or adjacent to the site;
5. Existing and proposed topography on or adjacent to the site.
B. Within 30 days of the filing of the preliminary design plan, the subdivision review committee shall evaluate the plan to determine whether the preliminary design plan complies with the following:
1. City of Sacramento general plan;
2. Any applicable specific plans;
3. Planning and development code;
4. Adopted public improvement standards;
5. Other applicable standards and regulations.
The determinations of the subdivision review committee pursuant to this section are preliminary in nature, and are neither binding nor appealable.
C. A subdivider may not request preliminary design evaluation and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for preliminary design evaluation at any time and thereafter file an application for a tentative map.
D. Fees. A fee, prescribed by city council resolution, shall be required for evaluation of all preliminary design plans. (Ord. 2017-0009 § 22)
17.828.040 Submission of tentative map application.
A subdivider seeking approval of a tentative map for a subdivision of five or more parcels shall file an application for tentative map approval consistent with the requirements of this title. The application shall consist of the following:
A. A tentative map, consistent with the requirements of sections 17.828.050 and 17.828.060.
B. A completed city application packet, including an environmental checklist.
C. The following drawings, statements and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:
1. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider's ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.
2. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.
3. A preliminary soil investigation and geological reconnaissance report by a registered civil engineer specializing and recognized in soil mechanics and foundation engineering for every subdivision for which a final map is required. If the director of public works knows the soil conditions in the proposed subdivision, the director of public works may waive the submission of this preliminary report.
If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of public works as a condition precedent to consideration of the tentative map by the subdivision review committee. The soils investigation shall be done in the manner provided in section 66491 of the California Government Code.
4. A preliminary grading plan. Submission of the preliminary plan may be waived by the director of utilities when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the proposed subdivision.
5. Applications for any tentative map design deviation that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of chapter 17.842.
6. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirement.
7. With respect to tentative maps for residential condominium conversion projects, a conditional use permit for such a conversion project is required pursuant to chapter 17.716. The planning director or designated representative may waive this requirement if at the time of the filing of the tentative map the subdivider, in writing, irrevocably offers to the advisory agency and city council to extend the time limits specified in the subdivision map act for reporting and acting upon the tentative map by said bodies. The extension shall be for such periods of time as are reasonably necessary to permit the processing, review, and final action on the conditional use permit concurrently with the tentative map.
D. A fee in an amount prescribed by city council resolution. (Ord. 2017-0009 § 22)
17.828.050 Preparation and form of tentative map.
A. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one inch equals 100 feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed 72 inches in length and 54 inches in width.
B. The director of public works may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a registered civil engineer or licensed land surveyor if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of sections 17.828.050 and 17.828.060. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal. (Ord. 2017-0009 § 22)
17.828.060 Information on tentative map.
The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:
A. Proposed subdivision name, if any;
B. Names, addresses and telephone numbers of the record owner and subdivider of the land;
C. Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number;
D. Date of preparation, north point and scale of the map. If based on a survey, the date of the survey;
E. Boundaries of the subdivision with sufficient information to locate the property;
F. Subdivision name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision;
G. Contour lines at intervals of not more than one foot unless waived prior to submission by the director of utilities. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision. Topographic survey shall not be waived in areas within the 100 year flood hazard boundary as shown on the most current Federal Emergency Management Agency flood insurance rate map (FIRM);
H. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known;
I. The location of all railroad rights-of-way and grade crossings; approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property;
J. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed;
K. The location and width of proposed building setback lines;
L. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and invert elevation of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal;
M. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and directions of flow of all water courses and flood control channels within and adjacent to the property involved; and the proposed method of providing storm water, drainage and erosion control. In areas subject to 100 year flood hazard, base flood elevation and floodway boundary shall be indicated;
N. The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrian ways and other rights-of-way, whether public or private, within and adjacent to the subdivision; the radius of each center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision;
O. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot;
P. The total area in square footage or acreage to the nearest one-tenth acre of each lot proposed to be utilized for other than single-unit or duplex dwellings;
Q. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation purposes or for purpose of providing public access to navigable waters, it shall be so designated;
S. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on said final maps and the sequence in which said final maps will be filed. (Ord. 2017-0009 § 22)
17.828.070 Filing of tentative map application.
The subdivider shall file with the planning division the tentative map application the number of copies specified by the planning division. A tentative map application shall not be considered as having been filed unless and until it complies with all provisions of this chapter, and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the planning director. (Ord. 2017-0009 § 22)
17.828.080 Tentative map process.
A. Within 30 days of receiving a tentative map application, the planning division shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the planning division shall advise the applicant as to the deficiencies in the application.
B. Within 10 days after an application has been found to be complete and accepted for filing, the planning director shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map, to members of the subdivision review committee and to such other public or private agencies or departments as the director determines may be affected by the proposed subdivision for report and recommendation to the zoning administrator, planning and design commission or city council.
C. Subdivision Review Committee Review. The planning director shall schedule the project for review before the subdivision review committee. The subdivision review committee shall consider the project and prepare a recommendation to the zoning administrator, planning and design commission or the city council. The recommendation shall include the determination of the subdivision review committee on the conformance of the tentative map to the standards, rules and regulations of this title, and to the requirements of all applicable specific plans and ordinances of the city. The subdivision review committee shall also advise the zoning administrator, planning and design commission and the city council on the requirements, if any, of other city departments and the applicable requirements of the county, special districts, state and other public and private agencies affected by the proposed subdivision.
D. Planning Director Report. At the time of the submission of his or her report to the zoning administrator, planning and design commission or the city council on the project, the planning director shall incorporate within his or her report the recommendations made by the subdivision review committee. (Ord. 2017-0009 § 22)
17.828.085 Reservations.
A. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses consistent with the general plan, any applicable specific plan, and as provided in this section.
B. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.
C. The public agency for whose benefit an area has been reserved shall at the time of approval of the final subdivision map or final parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement between the public agency and the subdivider.
D. The purchase price of the reserved area shall be the market value thereof at the time of the filing of the tentative subdivision map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan secured by the reserved area.
E. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 2017-0009 § 22)
17.828.090 Tentative maps other than vesting tentative maps.
A. Public Hearing before Zoning Administrator-Notice. Within a reasonable period of time following consideration by the subdivision review committee of an application for a tentative map, other than a vesting tentative map, the planning director shall set the matter for hearing before the zoning administrator. The procedural requirements for the hearing before the zoning administrator and the contents of the hearing notice shall be governed by the provisions of chapter 17.812. Notice of the hearing shall be given by publication, posting, and mail pursuant to section 17.812.030. In addition, if the proposed subdivision is a conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given to each tenant of the property in accordance with chapter 17.716 and California Government Code section 66451.3. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.
B. Action by the Zoning Administrator. The zoning administrator may approve or conditionally approve a tentative map by adopting a resolution, or may deny approval of the proposed tentative map. In reaching a decision upon the tentative map, the zoning administrator shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
C. Approval. The tentative map may be approved or conditionally approved by the zoning administrator if it is found that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific or community plan, and all applicable provisions of this code.
D. Denial. The tentative map may be denied by the zoning administrator on any of the grounds provided by the Subdivision Map Act or this code. Except as otherwise required by state or federal law, the zoning administrator shall deny approval of the tentative map if it makes any of the following findings:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the zoning administrator may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of the California Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the zoning administrator may approve a map if he or she finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the zoning administrator to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. The conditions set forth in Government Code section 66474.4 are met, relating to subdivisions of land that would result in parcels too small to sustain their agricultural use or that would result in residential development not incidental to the commercial agricultural use of the land, including land subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (California Government Code sections 51200 et seq.). (Ord. 2020-0021 § 6; Ord. 2017-0009 § 22)
17.828.097 City council to act on tentative map if any entitlement requires city council approval.
A. Recommendation by planning and design commission. If a tentative map is requested as a part of a development project that requires approval of one or more entitlements by the city council, the planning and design commission shall recommend approval, conditional approval, or denial of the tentative map and forward the recommendation to the city council for action.
B. Notice and Hearing Before City Council. The city clerk shall set the matter for public hearing before the city council within 30 days following the date on which the planning and design commission makes a recommendation or takes other action. Notice of the hearing before the city council shall be given in the same manner specified in section 17.828.095.A for hearings before the planning and design commission.
C. Action by the City Council. The city council shall approve, conditionally approve, or deny the tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the city council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the city council to the subdivider. Except as otherwise provided by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative map.
D. Approval by City Council. The tentative map may be approved or conditionally approved by the city council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The city council may require a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance. The city council may modify or delete any of the conditions of approval recommended in the department's report. The city council may add additional requirements as a condition of its approval.
E. Denial by City Council. The tentative map may be denied by the city council on any of the grounds provided by the subdivision map act or this code. Except as otherwise required by state or federal law, the city council shall deny approval of the vesting tentative map if it makes any of the findings stated in section 17.828.095.D. (Ord. 2017-0009 § 22)
17.828.110 Vesting tentative maps.
A. Notice of Public Hearings Before Planning and Design Commission. Within a reasonable period of time following consideration by the subdivision review committee of a vesting tentative map, the director shall prepare a report with recommendations, and shall set the matter for hearing before the planning and design commission. A copy of the report of the planning director shall be forwarded to the subdivider at least three days prior to the public hearing. Notice of the hearing before the planning and design commission shall be provided in the same manner as specified in section 17.828.090.A.
B. Recommendation by Planning and Design Commission. The planning and design commission shall make such recommendations as it deems appropriate on the vesting tentative map application, as well as any other entitlements before it.
C. Notice of Hearing Before City Council. The city clerk shall set the matter for public hearing before the city council within 30 days following the date on which the planning and design commission makes a recommendation or takes other action. Notice of the hearing before the city council shall be given in the same manner specified in section 17.828.090.A for hearings before the planning and design commission.
D. Action by the City Council. The city council shall approve, conditionally approve, or deny the vesting tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the city council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the city council to the subdivider. Except as otherwise provided by the subdivision map act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative map.
E. Approval by City Council. The vesting tentative map may be approved or conditionally approved by the city council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The city council may require a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
The city council may modify or delete any of the conditions of approval recommended in the department's report. The city council may add additional requirements as a condition of its approval.
F. Denial by City Council. The vesting tentative map may be denied by the city council on any of the grounds provided by the subdivision map act or this code. Except as otherwise required by state or federal law, the city council shall deny approval of the vesting tentative map if it makes any of the following findings:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the city council may approve such a vesting tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of California Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. Subject to section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the California Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Ord. 2017-0009 § 22)
17.828.120 Withdrawal of tentative map.
Requests for withdrawal of any tentative map shall be submitted to the planning director in writing unless made at a public hearing on the tentative map. (Ord. 2017-0009 § 22)
17.828.130 Resubmittal of application.
No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map which has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter. (Ord. 2017-0009 § 22)
17.828.140 Tentative map revision.
A. Except as provided in section B, any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of these regulations in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed.
B. Minor amendments to tentative map design or conditions of approval of a tentative subdivision or parcel map do not require a new tentative map.
1. Minor amendments to an approved tentative map or to any condition of approval thereon may be approved by the zoning administrator, provided all of the following criteria are met:
a. No lots are added to the project;
b. Such changes are consistent with the intent of the original tentative map approval; and
c. The change involves no substantial change in lot configuration, street layout, improvements, or conditions of approval.
2. All of the findings required for approval of a tentative map under this chapter shall be required for minor amendments to the tentative map's design or conditions of approval.
3. The procedural requirements for the hearing before the zoning administrator and the contents of the hearing notice shall be governed by the provisions of chapter 17.812. Notice of the hearing shall be given by publication, posting and mail pursuant to section 17.812.030. (Ord. 2017-0009 § 22)
17.828.150 Conditional approval when critical soil problems exist.
In every subdivision for which a soils investigation of each lot has been required by the director of public works, the city council may approve the subdivision or portion thereof where the critical soils problem exists if it finds the corrective action recommended in the soils investigation is likely to prevent structural damage to each structure to be constructed thereon. As a condition of the approval of the tentative map, the city council may require the director of the building inspections division to withhold the issuance of any building permit for development of the lots until the approved recommended corrective action is incorporated into the plans for the construction of each structure. (Ord. 2017-0009 § 22)
17.828.160 Expiration.
A. The approval or conditional approval of a tentative map shall expire 36 months from its approval by the zoning administrator, planning and design commission or city council, whichever occurs last, unless the expiration date is extended pursuant to section 17.828.170.
B. If multiple final maps or multiple parcel maps are authorized pursuant to section 17.832.100 and the subdivider is required to spend a dollar amount equal to or greater than the dollar amount specified in California Government Code section 66452.6(a) to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by section 65864 et seq., of the California Government Code, then each filing of a final map shall extend the expiration date in accordance with section 66452.6(a) of the California Government Code. (Ord. 2017-0009 § 22)
17.828.170 Time extension.
A. Request by Subdivider. A subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning division. The application shall be filed not less than 30 days before the map is to expire, and shall state the reasons for requesting the extension.
B. Zoning Administrator Hearing and Action.
1. Notice. The planning director shall prepare a report with the recommendation on the application for an extension, and shall set the matter for hearing before the zoning administrator. The matter shall be noticed in the same manner as a tentative map application, as specified in section 17.828.090.
2. Action by the Zoning Administrator. The zoning administrator shall approve, conditionally approve, or deny the application for an extension of the expiration date, and shall make findings supporting his or her decision.
C. Time Limit of Extension. The time at which the tentative map expires may be extended by the zoning administrator for a period not exceeding a total of two years or such additional time as may be authorized by the Subdivision Map Act.
D. Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the zoning administrator on the extension to the planning and design commission in accordance with chapter 17.812, except that any appeal shall be filed within 15 days after the action by the zoning administrator. (Ord. 2024-0051 § 32; Ord. 2017-0061 § 96; Ord. 2017-0009 § 22)
17.832.010 Timing.
Within 36 months of the date of approval or conditional approval of the tentative map, or within any further time period for which an extension has been granted, the subdivider may cause the proposed subdivision or any part thereof to be surveyed and a final or parcel map to be prepared and recorded in accordance with the provisions of this chapter and the Subdivision Map Act. (Ord. 2017-0009 § 23)
17.832.020 Preparation, form, and content of final and parcel maps.
Final or parcel maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor in the manner required by the Subdivision Map Act, and shall be prepared to the satisfaction of the director of public works related to:
A. A final or parcel map's general form such as: page layout, page numbering, sheet index, map index, scale, drafting standards, dimensioning, lot numbering, orientation, and related details.
B. A final or parcel map's content such as information shown on the title sheet, the name of map, acknowledgements, statements, certificates, and related content.
C. A final or parcel map's technical information such as: determination of existing boundary lines; establishment of new lot lines; basis of bearing; level of accuracy; reference to recorded documents, private easements, public easements, and rights of way; dedications, reservations, exclusions, and related information.
D. Supporting data such as closure calculations and title reports.
E. A final or parcel map when filed shall be in a condition such that legible prints and electronic files can be made therefrom. (Ord. 2017-0009 § 23)
17.832.030 Conformance with the tentative map.
The final or parcel map shall substantially conform to the tentative map approved or conditionally approved by the zoning administrator, planning and design commission, or city council, including all approved modifications. (Ord. 2017-0009 § 23)
17.832.040 Documents and other data to accompany a final or parcel map.
The following documents and other data, and as many additional copies thereof as may be required by the director of public works, shall be filed with the final or parcel map:
A. A submittal application.
B. A title report and guarantee of title from a title company.
C. A traverse indicating latitudes, departures, and coordinates and showing the mathematical closures.
D. Field notes as required by chapter 17.848.
E. The complete plans, profiles, cross sections, specifications and applicable permits for the construction and installation of improvements as required by chapter 17.848, Improvements.
F. A final grading plan. Submission of a final grading plan may be waived by the director of utilities when the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the subdivision.
G. The agreement to make improvements and the security for the improvements as required by chapter 17.848.
H. Protective covenants, conditions, restrictions or affirmative obligations if required as a condition of approval of the tentative map.
I. Offers of dedication by separate instrument and accompanying title report if required as a condition of approval of the tentative map. Whenever an offer of dedication by separate instrument accompanies a final or parcel map, the final or parcel map shall not be accepted for filing by the director of public works until the offer of dedication has also been approved.
J. In areas subject to 100 year flood hazard, base flood elevation or depth of flow and floodway boundary shall be indicated or a separate document shall be recorded with the final or parcel map indicating floodway boundary and base flood elevation or depth of flow.
K. All other data required by law or as a condition of approval of the tentative map, including plans, reports, agreements, permits, fees, security or other requirements. (Ord. 2017-0009 § 23)
17.832.050 Filing fee.
The final or parcel map shall be accompanied by a filing fee as established by resolution of the city council. (Ord. 2017-0009 § 23)
17.832.060 Survey of final or parcel map.
A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor in accordance with the provisions of chapter 17.848. (Ord. 2017-0009 § 23)
17.832.070 Filing of final or parcel map.
The subdivider shall cause all certificates to be executed except those to be executed by the director of public works, the city clerk and the county recorder, and shall file the original tracing of the final or parcel map and as many prints thereof as required by the director of public works. (Ord. 2017-0009 § 23)
17.832.080 Action by the director of public works.
A. Upon acceptance of the final or parcel map and accompanying documents, fees and materials for filing, the director of public works shall cause the same to be examined, and if found to substantially comply with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the city council, and if found to be complete, technically correct, in compliance with improvement plans and specifications, and in compliance with the requirements of these regulations, planned street lines and other applicable specific plans and ordinance, shall execute the director of public works certificate on the final or parcel map for approval and acceptance, conditional acceptance or rejection of dedications. The director of public works shall submit the final or parcel map to the city clerk for his or her certification. No final or parcel map shall be certified until the required improvements have been installed or agreed to be installed in accordance with chapter 17.852.
B. Should the final or parcel map or other accompanying documents, fees, or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised in writing of the changes or additions that must be made before the final or parcel map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the director of public works does not materially affect the validity of the final or parcel map, the director of public works may waive the defect and execute his certificate of approval.
C. The director of public works may refuse to approve the recording of a final or parcel map governing only a portion of a tentative map when, in the process of checking the final map the director of public works determines that said portion does not by itself provide adequate or satisfactory access, design or improvements and therefore does not conform to the design and improvement of the subdivision as indicated by the approved tentative map.
D. The director of public works must act on the final or parcel map within the time period prescribed by the Subdivision Map Act. (Ord. 2017-0009 § 23)
17.832.090 Approval of final or parcel maps, execution of subdivision agreements and acceptance of dedications.
A. The director of public works shall notify the city council at its next regular meeting after the director of public works receives the final or parcel map that the director of public works is reviewing the map for final approval.
B. The city clerk shall provide notice of any pending approval or disapproval by the director of public works, which shall be attached and posted with the city council's regular agenda and shall be mailed to interested parties who request notice.
C. The director of public works shall approve or disapprove the final or parcel map within 10 days following the meeting of the city council that was preceded by the notice in the paragraph above. The director of public works is authorized to execute subdivision agreements, as permitted by California Government Code section 66462(d), in accordance with the city's standard subdivision improvement agreement.
D. As permitted by California Government Code section 66458(d), the director of public works may also accept, accept subject to improvement or reject dedications and offers of dedications that are made by a statement on the final or parcel map.
E. The decisions of the director of public works to approve or disapprove the final or parcel map, to execute or not to execute subdivision agreements and to accept, accept subject to improvement or reject dedications and offers of dedications are final unless an interested party files a written appeal and accompanying fee with the city clerk within 10 days of receipt of the director of public works decisions. The appeal will be considered by the city council at its next available regular meeting.
F. The city council shall review the delegation of authority to the director of public works every five years from the effective date of this section, or as soon thereafter as is practical.
G. Except as specifically authorized by this section, the processing of final or parcel maps shall conform to all procedural requirements of this chapter. (Ord. 2017-0009 § 23)
17.832.100 Multiple final or parcel maps.
A. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if:
1. The subdivider, at the time the tentative map application is filed, provides notice of the subdivision boundaries which will appear on said maps and the sequence in which the final or parcel maps will be filed, in accordance with section 17.828.060.S. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final or parcel maps; or
2. After filing of the tentative map application, the subdivider and the planning director and the director of public works concur in the filing of multiple final or parcel maps.
B. The filing of a final or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final or parcel which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. (Ord. 2017-0009 § 23)
17.832.110 Waiver of parcel map.
A. Authority to Waive Parcel Map. An application for waiver of a parcel map shall be filed and heard concurrently with the tentative parcel map. The requirement for filing a parcel map may be waived by the zoning administrator for tentative maps approved by the zoning administrator.
B. Findings. The parcel map may be waived only if all of the following conditions are satisfied:
1. The subdivision conforms to all requirements of this title, other provisions of the city code, provisions of the Subdivision Map Act, and other applicable laws, regulations and standards, including, but not limited to, those with respect to area, improved public roads, park and recreation facilities, sanitary disposal facilities, water supply availability and environmental protection;
2. The subdivision conforms to the general plan and any applicable specific or community plan;
3. Existing monumentation of project boundary is adequate to ensure the accuracy of the description of property and the location of property lines as determined by the director of public works; and
4. Any public improvements required as part of the subdivision are constructed prior to the filing of the certificate of compliance, and no tentative map conditions are deferred.
C. Conditions. In addition to the foregoing requirements of this section, the following conditions must be satisfied before a certificate of compliance for the property may be recorded:
1. The subdivider must comply with section 17.832.060 and the requirements of the Subdivision Map Act;
2. Property descriptions, drawings showing bearings and distances, and closure calculations must be submitted;
3. A preliminary title report from a title company showing that the subdivider is the owner of the subject property must be submitted;
4. A filing fee established by resolution by the city council must be paid;
5. Payment of any fees required prior to recordation of a parcel map; and
6. Any other data required by law or as a condition of approval including reports, studies, agreements, and permits. (Ord. 2017-0009 § 23)
17.836.010 Definition.
A master parcel map is a map that subdivides large tracts of land into smaller parcels for the purpose of later selling or otherwise transferring the parcels for further subdivision in accordance with the procedures specified in this title, or for the purpose of securing financing, together with planning and construction of infrastructure elements, but not for the purpose of creating either individual residential lots for sale to end-user homeowners, and not for the purpose of allowing construction or other improvements on nonresidential parcels. This definition shall be construed in a manner which fosters the purposes and intent of this chapter. (Ord. 2017-0009 § 24)
17.836.020 Purpose, intent, and applicability.
A. In enacting these provisions for master parcel maps, the city is acting pursuant to its constitutional authority as a charter city to regulate land division where not preempted by the Subdivision Map Act. Because the Subdivision Map Act does not provide for master parcel maps, and because a process which allows such maps for the purposes set forth herein promotes the public health, safety and welfare, the city has determined to allow the creation of master parcels in said area, within the terms and conditions specified in this chapter. Master parcels created pursuant to this chapter shall be lawful parcels for purposes of transfer or encumbrance.
B. The purpose and intent of the master parcel map process is to allow subdivision of land to correspond to general plan and applicable community plan land use designations and infrastructure elements without allowing the creation of individual residential lots. For nonresidential property, while the master parcel map process may create parcels which may or may not be subdivided further, no building may be undertaken on any master parcel unless and until all other required discretionary entitlements have been lawfully obtained, as required by applicable land use and development regulations. (Ord. 2017-0009 § 24)
17.836.030 Tentative master parcel map required.
Before land may be divided by a master parcel map, a tentative master parcel map shall be submitted. Except as otherwise provided in this chapter, the tentative master parcel map shall be processed and acted upon by the subdivision review committee, planning and design commission and city council in accordance with the provisions of chapter 17.828. (Ord. 2017-0009 § 24)
17.836.040 Development agreement required.
Each person or entity holding an interest in all of the land subject to the tentative master parcel map shall have executed a development agreement in a form satisfactory to the city attorney and approved by the city council, or shall have executed the assignment and assumption agreement as provided in the said development agreement; any such agreement or agreements shall be in full force and effect as of the date of the master parcel map approval, and not in a default status. (Ord. 2017-0009 § 24)
17.836.050 Time for filing master parcel map.
A. Filing of Master Parcel Map. Upon approval or conditional approval of a tentative master parcel map, the subdivider may cause a master parcel map to be prepared and recorded. No such master parcel map may be recorded after expiration of the development agreement to which the property covered by the map is subject.
B. Termination of Proceeding. Failure to record a master parcel map prior to expiration of the development agreement to which the property is subject, shall terminate all proceedings, and the tentative master parcel map shall expire. Before an expired master parcel map may be thereafter recorded, a new tentative master parcel map shall be submitted in accordance with this chapter. (Ord. 2017-0009 § 24)
17.836.060 Legal access to newly created parcels.
Each parcel delineated on the master parcel map must have appropriate access as determined by the director of public works. Access may be granted either by easement or irrevocable offer of dedication to the city as delineated on the master parcel map, or by an agreement which specifies access easements are to be recorded with the map. (Ord. 2017-0009 § 24)
17.836.070 Parcel size.
There is no minimum size for non-residential master parcels. The minimum size for a residential master parcel is five acres for medium and high density residential uses, and 10 acres for low density residential. Master parcels may be further subdivided into smaller master parcels, as long as the minimum size threshold is maintained. (Ord. 2017-0009 § 24)
17.836.080 Boundary lines.
Boundary lines on the master parcel map shall correspond to general plan and applicable community plan land use designations and infrastructure elements. (Ord. 2017-0009 § 24)
17.836.090 Preparation and form of master parcel map.
The master parcel map shall be prepared and conform to the same requirements of chapter 17.832. (Ord. 2017-0009 § 24)
17.840.010 Citation and authority.
This chapter is enacted under the authority granted by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the California Government Code (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance. (Ord. 2017-0009 § 25)
17.840.020 Purpose and intent.
A. It is the purpose of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and the subdivision ordinance. Except as otherwise set forth in the provisions of this chapter, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.
B. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. (Ord. 2017-0009 § 25)
17.840.030 Consistency.
No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act. (Ord. 2017-0009 § 25)
17.840.040 Application.
A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions hereof and chapter 17.828.
B. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction. (Ord. 2017-0009 § 25)
17.840.050 Filing and processing.
A vesting tentative map shall be filed in the same form and have the same contents as set forth in this title for a tentative map. The vesting tentative map shall be subject to the additional minimum requirements set forth in subsection B of this section. The subdivider shall be provided written notice at the time the proposed vesting tentative map is determined to be complete by the planning director. The vesting tentative map, accompanying data and reports shall be processed in the same manner as set forth in the subdivision ordinance for a tentative map, except as hereinafter provided:
A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "vesting tentative map."
B. At the time a vesting tentative map is filed, the subdivider shall also supply the following information:
1. Plans for all public works improvements to be constructed as a condition of the subdivision, prepared by a registered civil engineer in accordance with city standards and approved by the director of public works;
2. Plans for all site development, including, but not limited to, grading, drainage facilities and miscellaneous structures, prepared by a registered civil engineer in accordance with city standards and approved by the director of public works;
3. Geological studies in such form as acceptable to the director of public works and the building inspections superintendent, which shall include detailed soils reports, seismic analysis, bank stabilization, and other factors pertinent to the particular site location;
4. Specific information on the uses to which the proposed buildings will be put;
5. The height, size, and location of all buildings, building setbacks, number of stories, and driveway locations;
6. Architectural plans satisfactory for review by the planning director, including site plans, floor plans, exterior elevations and necessary structural calculations, energy calculations, and information necessary for building permit plan checks;
7. Landscape plans, including planting and irrigation details and drawings and specifications as prepared by a licensed landscape architect or contractor satisfactory for review by the planning director;
8. Traffic reports and analysis, in a form approved by the director of public works;
9. Acoustical report, prepared by a licensed engineer in a form acceptable to the planning director following the guidelines of the noise element of the general plan;
10. Sewer, water, storm drainage, road and other studies required to complete the plans;
11. Flood control information and statements showing compliance with flood hazard regulations;
12. Existing and proposed overhead and underground utility improvement details;
13. A tree preservation plan. If there are no trees on the site, a statement to that effect should appear on the vesting tentative map. The tree preservation plan shall accurately identify all existing trees as to species, trunk size and dripline. Trees that are proposed for removal shall be marked "TO BE REMOVED." Any provisions for tree preservation, transplanting, or new planting shall be identified;
14. In those circumstances where a development plan review is required by ordinance, development agreement, conditional use permit, or by a condition of previous approval, such review application and all exhibits necessary for the review shall be submitted concurrently with the application for a vesting tentative map;
15. In those circumstances where the project requires concurrent discretionary approval as set forth in the city Planning and Development Code, all exhibits necessary for such application shall be submitted concurrently with the application for a vesting tentative map;
16. Such other exhibits that fully depict features of the development which the developer desires review for the purpose of approval concurrently with the vesting tentative map.
The planning director may request, and the applicant shall promptly furnish, information as may reasonably be necessary to enable the director to evaluate the vesting effect which would follow from approval of the map.
C. In the case of a vesting tentative map, the application shall be filed concurrently with any plan amendments, rezoning, PUD designations, conditional use permits, or other entitlements necessary to make the vesting tentative map comply with all applicable plans and ordinances. Vesting tentative maps may not be approved with the condition that the necessary entitlement(s) be subsequently approved. (Ord. 2017-0009 § 25)
17.840.060 Development rights upon approval.
The approval of a vesting tentative map by the city council shall confer a vested right to apply for permits needed to proceed with development and have the city exercise its discretion to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to section 65943 of the California Government Code.
A. This chapter does not enlarge, diminish, or alter the power of the city council to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.
B. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any state or federal laws, regulations, or policies.
C. In the event that section 66474.2 of the California Government Code is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.
D. Notwithstanding this chapter, the city council or agencies thereof may condition or deny a permit, extension or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following:
1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;
2. The condition or denial is required in order to comply with state or federal law. (Ord. 2017-0009 § 25)
17.840.070 Administration of vested rights.
In administering an approved vesting tentative map, the following shall be applicable:
A. Approval of a vesting tentative map applies only to actions considered and approved by the city council. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof.
B. The rights conferred by approval of a vesting tentative map shall last one year from recordation of the final map.
C. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial "vesting period" shall begin for each phase on the date the final map for that phase is recorded.
D. Extension by Moratorium or Stay. Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review, if the time used by the city exceeds 30 days from the date a complete application is filed.
E. Automatic Extension. Vesting rights shall automatically be extended by any time used by a city department for processing a complete application for a grading permit or for design or architectural review, if the time used by the city exceeds 30 days from the date a complete application is filed. (Ord. 2017-0009 § 25)
17.840.080 Termination of vested rights.
Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:
A. A final map is not recorded within one year of approval of the vesting tentative map.
B. If a final map is recorded, the vesting rights shall end one year after the date of final map recordation.
C. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid. (Ord. 2017-0009 § 25)
17.842.010 Modification authority.
A. Tentative map design deviation. The zoning administrator, planning and design commission, or city council may, in accordance with the provisions of this chapter, grant, conditionally grant, or deny requests by a subdivider for modifications from the following requirements or standards for approval of a tentative map:
1. Chapter 17.500 - design standards for subdivisions; and
2. Chapter 17.504 - improvement requirements for subdivisions.
B. No variance required. A separate variance or deviation under this title is not required when a tentative map design deviation is approved. (Ord. 2017-0009 § 26)
17.842.020 Required findings and conditions.
A. No tentative map design deviation shall be approved unless all the following findings are made:
1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are special circumstances or conditions affecting the property that it is impossible, impractical, or undesirable in the particular case to conform to the strict application of these regulations;
2. That the cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the deviation;
3. That the deviation will not be detrimental to the public health, safety, or welfare or be injurious to other properties in the vicinity; and
4. That granting the deviation is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all other applicable specific plans of the city.
B. In granting a deviation, the zoning administrator, planning and design commission, or city council may impose conditions as are necessary to protect the public health, safety, or welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations. (Ord. 2017-0009 § 26)
17.842.030 Tentative Map Design Deviation Requests.
Tentative map design deviation requests shall be submitted to the City prior to the approval of a tentative map or vesting tentative map. (Ord. 2017-0009 § 26)
17.842.040 Filing applications - Form and content.
A. Applications for any tentative map design deviation shall be filed, in writing, by the subdivider with the city community development department upon a form and in the number of copies required for that purpose.
B. Each application shall state fully the nature and extent of the tentative map design deviation request, the specific reasons therefor, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by section 17.842.020. The fee established by resolution of the city council shall accompany each application for a tentative map design deviation. (Ord. 2017-0009 § 26)
17.842.050 Referrals.
The planning director shall transmit copies of the tentative map design deviation application for review and comment to members of the subdivision review committee and to other public or private agencies or departments affected by the proposed tentative map design deviation as the director deems appropriate. (Ord. 2017-0009 § 26)
17.842.060 Consideration and approval of modifications.
A. Subdivision Review Committee consideration. The subdivision review committee shall consider any tentative map design deviation that is subject to its review and recommendation under this chapter, and shall make a recommendation on the requested modification.
Upon conclusion of the meeting, the subdivision review committee shall within 30 days, or at the time it takes action on the tentative map, make a recommendation to the zoning administrator, planning and design commission or city council based upon the evidence and testimony produced before it, together with the results of its investigations. If the tentative map design deviation is recommended, a statement of any conditions attached thereto shall be forwarded to the subdivider and to the zoning administrator, planning and design commission, or city council. If disapproval is recommended, the subdivider and the zoning administrator, planning and design commission, or city council shall be furnished with the statement of reasons for denial.
B. Public hearing. A tentative map design deviation shall be heard concurrently with a tentative map. Notice of the hearing shall be given in the manner prescribed in section 17.828.095. Notice of the time, place and purpose of the meeting shall also be given to the subdivider and any other interested person or party who has requested in writing to be so notified. (Ord. 2017-0009 § 26)
17.842.070 Appeal.
A subdivider or interested person may appeal any action of the zoning administrator or planning and design commission on a tentative map design deviation pursuant to the procedure for the appeal of tentative maps as set forth in section 17.812.060. (Ord. 2017-0009 § 26)
17.844.010 Modification authority.
A. Post-tentative Map Design Deviation. The zoning administrator, planning and design commission, or city council may, in accordance with the provisions of this chapter, grant, conditionally grant, or deny requests by a subdivider for modifications from the following requirements or standards subsequent to approval of a tentative map:
1. Chapter 17.500 - design standards for subdivisions; and
2. Chapter 17.504 - improvement requirements for subdivisions.
B. No Variance Required. A separate variance or deviation under this title is not required when a post-tentative map design deviation is approved.
C. A minor change in the design of an approved tentative map that does not violate the requirements or standards imposed by these regulations is not a "post-tentative map design deviation." (Ord. 2017-0009 § 27)
17.844.020 Required findings and conditions.
A. No post-tentative map design deviation shall be approved unless all the following findings are made:
1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are special circumstances or conditions affecting the property that it is impossible, impractical, or undesirable in the particular case to conform to the strict application of these regulations;
2. That the cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the deviation;
3. That the deviation will not be detrimental to the public health, safety, or welfare or be injurious to other properties in the vicinity; and
4. That granting the deviation is in accord with the intent and purposes of these regulations and is consistent with the general plan and with all other applicable specific plans of the city.
B. In granting a deviation, the zoning administrator, planning and design commission, or city council may impose conditions as are necessary to protect the public health, safety, or welfare, and assure compliance with the general plan, with all applicable specific plans, and with the intent and purposes of these regulations. (Ord. 2017-0009 § 27)
17.844.030 Modification filing time.
A. Post-tentative map design deviation requests shall be filed during the period of time between approval of the tentative map and recordation of the final map or parcel map.
B. Action by the zoning administrator, planning and design commission or city council on any post-tentative map design deviation request shall not extend the time for filing the final map or parcel map with the director of public works. (Ord. 2017-0009 § 27)
17.844.040 Filing applications-Form and content.
A. Applications for any post-tentative map design deviations shall be filed, in writing, by the subdivider with the city community development department upon a form and in the number of copies required for that purpose.
B. Each application shall state fully the nature and extent of the post-tentative map design deviation required, the specific reasons therefor, and the facts relied upon. The application shall clearly show that the post-tentative map design deviation is necessary and is consistent with each of the findings required by section 17.844.020. The fee established by resolution of the city council shall accompany each application for a post-tentative map design deviation. (Ord. 2017-0009 § 27)
17.844.050 Referrals.
The planning director shall transmit copies of the post-tentative map design deviation application for review and comment to members of the subdivision review committee and to other public or private agencies or departments affected by the proposed post-tentative map design deviation as the planning director deems appropriate. (Ord. 2017-0009 § 27)
17.844.060 Consideration and approval of modifications.
A. Subdivision Review Committee Consideration. The subdivision review committee shall consider any post-tentative map design deviation relating to a tentative map that is subject to its review and recommendation under this title, and shall make a recommendation on the requested modification.
Upon conclusion of the meeting, the subdivision review committee shall within 30 days, make a recommendation to the zoning administrator, planning and design commission, or city council based upon the evidence and testimony produced before it, together with the results of its investigations. If the post-tentative map design deviation is recommended, a statement of any conditions attached thereto shall be forwarded to the subdivider and to the zoning administrator, planning and design commission or city council. If disapproval is recommended, the subdivider and the zoning administrator, planning and design commission or city council shall be furnished with the statement of reasons for such denial.
B. Zoning Administrator, Planning and Design Commission or City Council Approval. A post-tentative map design deviation shall be approved by the zoning administrator if it modifies a tentative map resulting in divisions of land into four or less parcels, and if the post-tentative map design deviation is not sought as part of a development project requiring approval of one or more entitlements by the planning and design commission or city council. Otherwise, a post-tentative map design deviation shall be approved by the planning and design commission. Notice of the hearing before the zoning administrator or planning and design commission shall be given in the manner prescribed in section 17.828.090 for tentative maps. Notice of the time, place and purpose of the meeting shall also be given to the subdivider and any other interested person or party who has requested in writing to be so notified. (Ord. 2017-0009 § 27)
17.844.070 Zoning administrator, planning and design commission, or city council action.
A. Upon conclusion of the meeting, the zoning administrator, planning and design commission or the city council shall make a determination based upon the evidence and testimony produced before it, together with the results of its investigations.
B. A copy of the written findings and a complete statement of any conditions of approval shall be placed on file with the planning director or in the office of the city clerk and copies thereof furnished to the subdivider. (Ord. 2017-0009 § 27)
17.844.080 Appeal.
A subdivider or interested person may appeal any action of the zoning administrator or planning and design commission on a post-tentative map design deviation pursuant to the procedure for the appeal of ten-tative maps as set forth in section 17.812.060. (Ord. 2017-0009 § 27)
17.848.010 Survey and procedure and practice.
The procedure and practice of all survey work done on any subdivision, whether for preparation of a final map or parcel map, shall conform to the standard practices and principles of land surveying, the Land Surveyor's Act of the state of California, and the provisions of this chapter. (Ord. 2017-0009 § 28)
17.848.020 Traverse.
The traverse of the exterior boundaries of the tract computed from field measurements of the ground must close within a limit of error of one foot to 20,000 feet of perimeter before balancing survey. (Ord. 2017-0009 § 28)
17.848.030 Survey data.
When required by the director of public works, the engineer or surveyor making the survey shall show references, ties, locations, elevations, and other necessary data relating to monuments set in accordance with the requirements of these regulations. (Ord. 2017-0009 § 28)
17.848.040 Grid monuments.
Wherever the director of public works has established a system of coordinates that is within a reasonable distance of the subdivision boundary, as determined by the director of public works, the field survey shall be tied into such system. (Ord. 2017-0009 § 28)
17.848.050 Monuments.
A. In making the survey of the subdivision, the engineer or surveyor shall set sufficient permanent monuments so that the survey, or any part thereof, may be readily retraced.
B. At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 8771 of the California Business and Professions Code so that another engineer or surveyor may readily retrace the survey. The exterior subdivision boundary shall be sufficiently established from record monuments prior to recording the final map or parcel map. Other monuments necessary for the establishment of the subdivision may be required by the director of public works. (Ord. 2017-0009 § 28)
17.848.060 Boundary monuments.
A. Monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves, and at intermediate points as determined by the director of public works. The locations of inaccessible points may be established by ties or witness monuments and shall be so noted on the final map or parcel map.
B. All exterior boundary monuments shall be set prior to recordation of the final map or parcel map unless extensive grading operations or improvement work makes it impractical to set such monuments. In the event any or all of the boundary monuments are to be set after recordation of the final map or parcel map, prior to the submission of such map to the director of public works for filing, the engineer or surveyor making the survey shall, in addition to furnishing field notes showing the boundary survey as required by section 17.848.030, furnish evidence acceptable to the director of public works to substantiate his or her reasons for deferring the setting of such monuments until after recordation of such map. (Ord. 2017-0009 § 28)
17.848.070 Deferred monuments.
In the event any or all of the required monuments are to be set after recordation of the final map or parcel map, the engineer's or surveyor's certificate shall specify the date, established by the director of public works, by which the monuments will be set, and the field notes thereon furnished. The subdivider shall, prior to the submission of such map to the director of public works for filing, furnish performance security in a form approved by the director of public works, and in an amount established by resolution of the city council for each boundary and interior monument to be deferred. After deferred monuments have been set, written notice shall be given to the director of public works pursuant to California Government Code section 66497, and performance security shall be returned to the subdivider. In the event the deferred monuments are not set within the period of time specified on the engineer's or surveyor's certificate, or within any approved extended period of time, and provided that all improvement work has been completed, the director of public works shall, by written notice, forthwith direct the engineer or surveyor of record to, within 60 days of the date of such directive, set such monuments and furnish such field notes as were agreed to be set and furnished on said certificate. If the engineer or surveyor fails to comply with said directive within the specified time, and if no request for an extension of time has been submitted in writing and granted within such time, the director of public works shall, without further notice, submit a written complaint and request for disciplinary action against said engineer or surveyor to the State Board of Registration for Civil and Professional Engineers. (Ord. 2017-0009 § 28)
17.848.080 Monument type and positioning.
A. Unless otherwise approved by the director of public works, boundary monuments shall consist of one inch diameter iron pipes, eighteen inches long.
B. Interior monuments shall be set along street and alley center lines at the beginnings and ends of curves, at points of intersection with lines of other existing and proposed streets and alleys, and at the points of intersection with the exterior boundary lines. Interior monuments may be set after the final map or parcel map is recorded. Interior monuments shall be 2 ½" by ¼ " mag nails, except where concrete survey monuments are required by the director of public works.
C. Concrete survey monuments shall be in accordance with the most recent City of Sacramento Standard Specifications for Public Construction, and the number and location shall be determined by the director of public works. (Ord. 2017-0009 § 28)
17.848.090 Monument identification marks.
All boundary monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey was made. (Ord. 2017-0009 § 28)
17.848.100 Replacement of destroyed monuments.
Any boundary monument set as required herein which is disturbed or destroyed before acceptance of all improvements by the city, and any interior monument which is disturbed or destroyed before being located and referenced by the city at the time of construction, shall be replaced by the subdivider's engineer or surveyor. (Ord. 2017-0009 § 28)
17.848.110 Survey data and information to be shown on final map or parcel map.
The following survey data and information shall be shown on each final map or parcel map for which a field survey was made pursuant to the provisions of these regulations:
A. The basis of bearing used in the field survey, making reference to a recorded final map, parcel map or other record acceptable to the director of public works;
B. Stakes, monuments (together with their precise position), or other evidence found on the ground to determine the boundaries of the subdivision;
C. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and page of record or by section, township and range or other proper designation;
D. All information and data necessary to locate and retrace any point or line without unreasonable difficulty;
E. The location and description of any required monuments to be set after recordation of the final map, and the statement that they are "to be set";
F. Bearing and length of each lot line, block line and boundary line and each required bearing and distance;
G. Chord length, chord bearing, and radius of each curve or as required by the director of public works; and
H. The center line and width of any street or alley in or adjoining the subdivisions.
The form, layout, scale and other particulars of the map shall be consistent with any required improvement plans, and shall be in accordance with the requirements of the director of public works. (Ord. 2017-0009 § 28)
17.852.010 Improvement plans and permits required.
A. Improvement plans shall be submitted for review and completed by the subdivider, and accepted by the director of public works and the director of utilities, prior to the acceptance of the final map or parcel map for filing by the director of public works.
B. Plans shall conform to improvement standards in chapter 17.504. The final map or parcel map shall not be deemed to be submitted for approval until the preparation of the plans is complete and the plans are accepted. (Ord. 2017-0009 § 29)
17.852.020 Preparation and form of improvement plans.
A. Improvement plans shall be prepared by or under the direction of a registered civil engineer and shall show full details of all improvements required to be installed by the provisions of chapter 17.504, and of all other improvements proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, profiles, estimated costs and specifications.
B. The form, layout, scale, other particulars of the plans, and number of copies to be provided, shall be in accordance with the requirements of the director of public works and the director of utilities. (Ord. 2017-0009 § 29)
17.852.030 Commencement of improvement work.
Prior to the commencement of grading, construction, or installation of any improvements within any street, alley, pedestrian way, easement, or other public area or right-of-way, improvement plans shall be accepted by the director of public works and the director of utilities. (Ord. 2017-0009 § 29)
17.852.040 Inspection of improvement work.
All improvements shall be constructed under the inspection of the director of public works and director of utilities and the subdivider shall cause all improvement work to be inspected at the times that are required by the director of public works. Subdivider shall pay city a fee to defray city's costs to make the inspections, the rate of which shall be determined by resolution of the council. (Ord. 2017-0009 § 29)
17.852.050 Coordination of improvement work.
All work and improvements contemplated by and performed pursuant to these regulations and chapter 17.504 shall be accomplished to minimize interference with and coordinate with other construction activities or developments of or on behalf of the city and nearby private development. (Ord. 2017-0009 § 29)
17.852.060 Improvements waived - Clarifying records or reversion to acreage.
If it is determined by the director of public works and director of utilities that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the city council may, upon recommendation of the director of public works and director of utilities, waive all or a portion of the improvements that otherwise would be required. (Ord. 2017-0009 § 29)
17.852.070 Oversizing improvements - Reimbursement.
As a condition of approval of a tentative map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvements be dedicated to the public. If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by section 66486 of the California Government Code shall be contained in the subdivision improvement agreement. (Ord. 2017-0009 § 29)
17.852.080 Improvement agreement.
A. If the required improvements are not satisfactorily completed before a final map or parcel map is recorded, the subdivider shall enter into an agreement with the city to make all improvements as may be required upon approval of such map. The requirements of such improvement agreement shall not be waived under any circumstances.
B. The purpose of the improvement agreement includes, among other considerations, elimination and avoidance of the harmful effects of premature subdivision which leaves property undeveloped and unproductive. Therefore, commencement of construction of the improvements under the agreement shall not be a condition precedent to the enforcement and requirement of specific performance under said agreement.
C. The benefit of the subdivision improvement agreement inures solely to the city and shall not be construed to benefit any third parties not signatory to said agreement, including, but not limited to the following: lot purchasers; subcontractors; laborers; and suppliers. (Ord. 2017-0009 § 29)
17.852.090 Form, filing and term of subdivision improvement agreement.
A. The improvement agreement shall be in writing, shall be approved as to form by the city attorney, and shall be secured and conditioned as provided in this chapter. The improvement agreement or an acknowledged abstract of the improvement agreement shall be recorded simultaneously with the final map or the parcel map.
B. The improvement agreement or acknowledged abstract thereof, shall be complete and on file with the director of public works before the final map or parcel map is accepted for filing. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the director public works and director of utilities. (Ord. 2017-0009 § 29)
17.852.100 Minimum agreement provisions.
The improvement agreement shall include the following provisions as minimum terms and conditions of the agreement:
A. Mutually agreeable terms to complete all required improvements at the subdivider's expense;
B. A provision that the subdivider shall comply with all requirements of these regulations, chapter 17.504, and of other applicable laws, and with all terms and conditions of required improvement permits;
C. A statement indicating a period of time, satisfactory to the director public works and director of utilities, within which the subdivider shall complete all improvement work;
D. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound under a continuing obligation for payment of the full cost and expense incurred or expended by the city in completing the work;
E. Provision for the repair and replacement of defective material and workmanship of the improvements by the subdivider for a period of 12 months after the improvements have been accepted by the director public works and director of utilities;
F. Provision for the inspection of all improvements of the subdivision by the director public works for a period of 12 months after the improvement acceptance date;
G. A provision guaranteeing payment to the city for all engineering and inspection costs and fees and all other incidental expenses incurred by the city;
H. A description of all lands within the exterior boundaries of the subdivision. (Ord. 2017-0009 § 29)
17.852.110 Additional agreement provisions.
The improvement agreement may also include the following provisions and such other additional terms and conditions as may be required upon approval of the tentative map or as are determined necessary by the director public works and director of utilities to carry out the intent and purposes of these regulations:
A. Provision for the repair, at the subdivider's expense, of any damage to public streets which may reasonably be expected to result from hauling operations necessary for subdivision improvements required by these regulations, including the importing or exporting of earth for grading purposes;
B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdivision at the subdivider's expense;
C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and reserved for future public use at the subdivider's expense; providing that such improvements shall be secured by separate cash bond in the manner prescribed by sections 17.852.120 and 17.852.130; and further providing that only the requirements of this provision shall not delay the release of any other improvement security provided pursuant to the aforementioned sections;
D. Provision for reimbursement to be paid the subdivider under the provisions of section 66486 of the California Government Code;
E. Provision for setting required monuments after recordation of the final map or parcel map;
F. Provision for the method of payment of any fees imposed by this chapter;
G. Provision for guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the city or the performance of the act. (Ord. 2017-0009 § 29)
17.852.120 Improvement security required.
A. General. Except as provided otherwise in subsection B of this section, a subdivider shall secure the improvement agreement entered into pursuant to section 17.852.110 in the following amounts:
1. Performance Security. An amount determined by the director public works and director of utilities to be 100% of the total estimated cost of the construction or installation of the improvements or of the acts to be performed, securing the faithful performance and completion of the improvements or acts to be performed;
2. Payment Security. An amount determined by the director public works and director of utilities to be not less than 50% nor more than 100% of the total estimated cost of the improvement or required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of the improvements or the performance of the required acts; and
3. Warranty Security. An amount determined by the director public works and director of utilities to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials or equipment furnished.
B. Nonprofit California Corporations. Pursuant to section 66499.3 of the, entities that are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by the state of California or one of its agencies, are exempt from the requirements of subsections A.1 and A.2, provided they meet and fulfill the alternative security requirements specified in section 66499.3(c) of the Subdivision Map Act. (Ord. 2017-0009 § 29)
17.852.130 Form, filing and term of improvement security.
A. The improvement security shall be conditioned upon the faithful performance of the improvement agreement and shall be in one of the forms provided in section 66499 of the California Government Code.
B. A surety bond to secure the faithful performance of the agreement shall substantially conform to the form set forth in section 66499.1 of the California Government Code. A surety bond to secure payment to the contractor, subcontractor, and persons furnishing labor, materials or equipment shall substantially conform to the form set forth in section 66499.2 of the California Government Code.
C. Improvement security shall be filed with the director of public works, together with the improvement agreement, before the director of public works accepts the final map or parcel map for filing. The form of the improvement security shall be subject to the approval of the city attorney. (Ord. 2017-0009 § 29)
17.852.140 Liability for alterations or changes.
The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided that all such changes or alterations do not exceed 10% of the original estimated cost of the improvement. (Ord. 2017-0009 § 29)
17.852.150 Release of improvement security - Assessment district proceedings.
If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing by the contractor of the faithful performance and payment bond required by the special assessment act being used, the improvement security of the subdivider may be reduced by the director of public works by the amount corresponding to the amount of such bonds furnished by the contractor. (Ord. 2017-0009 § 29)
17.852.160 Release of improvement security.
A. Performance Security. The performance security shall be released only upon completion or fulfillment of all terms and conditions of the improvement agreement and acceptance by the director of public works. Such acceptance shall occur when the certificate of completion is signed by the director of public works. If a warranty security is not submitted, performance security shall be released 12 months after acceptance of improvements and correction of all warranty deficiencies.
B. Payment Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the director of public works, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the city. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
C. Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided that all warranty deficiencies have been corrected.
Pursuant to California Government Code sections 66499.7 and 66499.9, the release of improvement security as set forth above shall not apply to any costs, reasonable expenses or fees, including reasonable attorneys' fees. (Ord. 2017-0009 § 29)
17.856.010 General.
Subdivided property may be reverted to acreage, and merged and unmerged, pursuant to the provisions of the Subdivision Map Act and this chapter. (Ord. 2017-0009 § 30)
17.856.020 Initiation of reversion proceedings.
Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the property or by the city council.
A. By Owners. In the case of initiation by the owners, the petition shall be submitted to the planning director and shall contain the following information:
1. Evidence of title to the real property;
2. Sufficient data to allow the city council to make the findings required in section 17.852.040;
3. A final or parcel map consistent with the requirements of chapter 17.832, final maps, or chapter 17.836, parcel maps, and which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "the purpose of this map is a reversion to acreage;" and
4. Such other additional data as required by the planning director, director of public works, or director of utilities.
Each petition for reversion to acreage shall be accompanied by a nonrefundable filing fee as established by resolution of the city council.
B. By City Council. The city council may, by resolution, initiate proceedings to revert property to acreage. The city council shall direct the planning director to obtain the necessary information to initiate and conduct the proceedings. (Ord. 2017-0009 § 30)
17.856.030 Review of petition.
The notice, hearing, and procedural requirements for review of a tentative map requiring city council approval shall be followed in connection with the review of a proposed reversion to acreage; provided that, upon the conclusion of the hearing before the city council, the city council may approve the reversion to acreage and take final action on the final or parcel map. (Ord. 2017-0009 § 30)
17.856.040 Findings for reversion.
Subdivided property may be reverted to acreage only if the city council finds that:
A. Dedications or offers of dedication to be vacated or abandoned by the reversions to acreage are unnecessary for present or prospective public purposes; and
B. Either:
1. All owners of an interest in the real property within the subdivision have consented to reversion, or
2. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or
3. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record. (Ord. 2017-0009 § 30)
17.856.050 Conditions for reversion.
The city council may require as conditions of the reversion:
A. The owners dedicate or offer to dedicate streets, public rights of way or easements;
B. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this title;
C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title or necessary to protect the public health, safety or welfare. (Ord. 2017-0009 § 30)
17.856.060 Filing with county recorder.
Upon approval of the reversion to acreage, the city clerk shall transmit the final or parcel map, together with the city council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the final map being filed for record by the county recorder. (Ord. 2017-0009 § 30)
17.856.070 Merging and resubdividing without reversion.
Except as provided in chapter 17.824 for merger of contiguous parcels under common ownership, subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by this title and the Subdivision Map Act. (Ord. 2017-0009 § 30)
17.856.080 Requirements for parcel mergers and unmergers.
Except as provided otherwise in this chapter, the requirements for the merger and unmerger of parcels shall be as set forth in California Government Code sections 66499.11 et seq. (Ord. 2017-0009 § 30)
17.860.010 Purpose.
The purpose of this chapter is to streamline the permitting process for infill housing projects, including mixed-use projects, that comply with specific development options set forth in California Government Code sections 65852.24, 65912.100-65912.105, 65913.4, 65913.12, and 65913.16; or the city's local ministerial development option as set forth in section 17.860.030. Nothing in this chapter precludes an applicant from applying for discretionary site plan and design review. (Ord. 2024-0051 § 33; Ord. 2024-0017 § 69; Ord. 2020-0031 § 4)
17.860.020 Infill housing projects eligible for streamlined, ministerial approval process under Government Code section 65913.4 (otherwise known as SB 35 projects).
A. Administrative permit. A housing project, including a mixed-use project, will be granted an administrative permit if it
—
1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.4;
2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code section 65913.4 and set forth in this code; and
3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.4 and as set forth in the Citywide Infill Housing Design Standards.
B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.4, the provisions of the California Government Code prevail.
C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or
2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units.
D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.
E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of California Government Code section 65913.4, in which case the provisions of the California Government Code prevail. (Ord. 2024-0017 § 70; Ord. 2021-0024 § 43; Ord. 2020-0031 § 4)
17.860.021 Residential development on commercially-zoned lands consistent with Government Code chapter 4.1 (Affordable Housing and High Road Jobs Act of 2022).
A. Administrative permit. A housing project will be granted an administrative permit if it—
1. Qualifies for streamlined, ministerial approval under California Government Code chapter 4.1;
2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code chapter 4.1 and as set forth in this code; and
3. Complies with the city's objective design review standards, as defined in California Government Code chapter 4.1 and as set forth in the Citywide Infill Housing Design Standards.
4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5
B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code chapter 4.1, the provisions of the California Government Code prevail.
C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or
2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units.
D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and must be granted an administrative permit.
E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with California Government Code section 65913.4, subdivision (f), in which case the provisions of the California Government Code prevail. (Ord. 2024-0017 § 71)
17.860.022 Residential development on land zoned for office, retail, or parking consistent with California Government Code section 65852.24 (Middle Class Housing Act of 2022).
A. Deemed allowable use. A housing development project, as defined in California Government Code section 65852.24, is deemed an allowable use on land zoned for office, retail, or parking and shall not require a rezone, if it—
1. Complies with California Government Code section 65852.24;
2. Is not within a special planning district, overlay zone, or planned unit development that prohibits office, retail, or stand-alone surface parking as permitted uses; and
3. Complies with the city's development standards and guidelines.
B. Conflicting laws. In the case of a conflict between the city’s development standards and guidelines and the standards set forth in California Government Code section 65852.24, the provisions of the California Government Code prevail. (Ord. 2024-0017 § 72)
17.860.023 Residential development consistent with Government Code section 65913.16 (Affordable Housing on Faith and Higher Education Lands Act of 2023).
A. Administrative permit. A housing project will be granted an administrative permit if it:
1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.16;
2. Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code section 65913.16 and as set forth in this code;
3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.16 and as set forth in the Citywide Infill Housing Design Standards; and
4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5.
B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.16, the provisions of the California Government Code prevail.
C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
1. Within 60 days of submittal of a complete application if the project contains 150 or fewer dwelling units; or
2. Within 90 days of submittal of a complete application if the project contains more than 150 dwelling units.
D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and will be granted an administrative permit.
E. Establishment and expiration of the permit. Section 17.808.470 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with California Government Code section 65913.4, subdivision (f), in which case the provisions of the California Government Code prevail. (Ord. 2024-0051 § 34)
17.860.024 Extremely affordable adaptive reuse projects consistent with Government Code section 65913.12
A. Administrative permit. A housing project will be granted an administrative permit if it:
1. Qualifies for streamlined, ministerial approval under California Government Code section 65913.12;
2. Complies with the city's objective zoning standards and objective subdivision standards, as set forth in this code;
3. Complies with the city's objective design review standards, as defined in California Government Code section 65913.12 and as set forth in the Citywide Infill Housing Design Standards; and
4. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code sections 21670 through 21679.5.
B. Conflicting laws. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code section 65913.12, the provisions of the California Government Code prevail.
C. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
1. Within 60 days of submittal of a complete application if the project contains 150 or fewer dwelling units; or
2. Within 90 days of submittal of a complete application if the project contains more than 150 dwelling units.
D. Deemed approval. If the city does not provide written notice as required by subsection C above, the project will be deemed to satisfy the requirements specified in subsection A above and will be granted an administrative permit. (Ord. 2024-0051 § 35)
17.860.030 City of Sacramento ministerial review option for infill housing projects.
A. A housing project, including a mixed-use project, will be granted an administrative permit if it complies with all the following:
1. The project consists of duplex dwellings or multi-unit dwellings that include a total of not more than 200 dwelling units;
2. The project does not require a conditional use permit, variance, legislative change request, or any other discretionary entitlement or request under this title;
3. The project consists of infill, as defined in section 17.108.100;
4. At least two-thirds of the project's gross square footage is designated for residential use;
5. The design, layout, and physical characteristics of the project are consistent with, and do not deviate from, the city's development standards and design guidelines;
6. The project does not involve
a. The demolition of dwelling units occupied by one or more tenants in a multi-unit dwelling within one year prior to the time an application is submitted for approval under this chapter;
b. The demolition of dwelling units subject to an affordable housing regulatory agreement; or
c. A reduction in the total number of dwelling units on the site.
7. The project is consistent with the general plan and any applicable specific plan or transit village plan;
8. The project does not involve a historic or cultural resource; and
9. The project is not located
a. Within a planned unit development;
b. Within a historic district listed on the Sacramento register, the National Register of Historic Places, or the California Register of Historical Resources;
c. On or within 1,000 feet of an existing or former landfill;
d. On a site listed pursuant to California Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to California Health and Safety Code section 25356, unless the appropriate enforcement agency has cleared the site for residential use;
e. On a site regulated by the Mobilehome Residency Law (Cal. Civ. Code, § 798 et seq.), Recreational Vehicle Park Occupancy Law (Cal. Civ. Code, § 799.20 et seq.), Mobilehome Parks Act (Cal. Health & Saf. Code, § 18200 et seq.), or the Special Occupancy Parks Act (Cal. Health & Saf. Code, § 18860 et seq.);
f. On a site that contains habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Cal. Fish & G. Code, § 2050 et seq.), or the Native Plant Protection Act (Cal. Fish & G. Code, § 1900 et seq.);
g. On a site with wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
h. On land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Cal. Fish & G. Code, § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan;
i. On land protected by a conservation easement; or
j. On a site known to contain archaeological resources, paleontological resources, tribal cultural resources, or human remains.
B. Notification of compliance with the standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in subsection A, the city shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:
1. Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or
2. Within 90 days of submittal of the application if the project contains more than 150 dwelling units.
C. No deemed approval. Failure to provide written notice within the timeframes in subsection B does not result in deemed approval. (Ord. 2024-0017 § 73; Ord. 2020-0031 § 4)
17.860.040 Denial and reconsideration.
A. Section 17.800.050 does not apply to the denial of an application under this chapter.
B. A decision under this chapter is subject to reconsideration by the planning director. (Ord. 2024-0053 § 4; Ord. 2020-0031 § 4)
17.864.010 Purpose and intent.
The purpose of this chapter is to comply with Senate Bill 9 (Chapter 162, Statutes of 2021), related to housing development approvals and urban lot splits. Consistent with that bill, this chapter authorizes a ministerial review process for housing developments containing no more than two dwelling units in compliance with California Government Code section 65852.21. Under that section, a "housing development contains two [dwelling] units if the development proposes no more than two new units or if itproposes to add one new unit to one existing unit." This chapter also, consistent with Senate Bill 9, authorizes a ministerial review process for parcel maps that create no more than two new lots (referred to in state law as an "urban lot split") in compliance with California Government Code section 66411.7.
Nothing in this chapter precludes an applicant from applying for a development permit under another section of this code. (Ord. 2021-0035, § 3)
17.864.020 Housing development projects eligible for ministerial review under Government Code section 65852.21.
A. Administrative permit. Except as provided in subsection B of this section, the city will grant an administrative permit to any housing development containing no more than two dwelling units if it complies with all the following:
1. General requirements.
a. The site is located within the RE or R-1 zones.
b. The project qualifies for ministerial approval under California Government Code section 65852.21.
c. Dwelling units created pursuant to this section may not be used as short-term rentals, bed and breakfast inns, hotels, or any other nonresidential use, excluding a use authorized by article II of chapter 17.228, related to home occupations.
2. Development standards.
a. Height. New construction must comply with the height limit of the applicable zone.
b. Density. The maximum density is two dwelling units per lot.
c. Lot coverage. The housing development must comply with the lot coverage requirement applicable to the zone in which the development is located unless that requirement would have the effect of physically precluding the construction of up to two dwelling units or would physically preclude either of the two dwelling units from being at least 800 square feet.
d. Bulk control.
i. Except as provided in subsection ii below, all dwelling units, excluding accessory dwelling units, must be contained within the base building envelope, which may not exceed a height of 35 feet. The base building envelope is the three-dimensional air space contained between the front-yard, side-yard, and rear-yard setbacks of a lot and conforming to the following planes:
1. Side planes and roofline planes. The side planes of the envelope begin at the side property lines at the average elevation of the finished lot grade at the front setback line and rise directly vertical and perpendicular to each side property line to a height of 12 feet; at this point, the envelope slopes inward from each side at a 45 degree angle to form the roofline planes that continue inward until the roofline planes intersect or until these planes reach a height of 35 feet, whichever is shorter.
2. Front plane. The front plane of the base building envelope starts at a line equal to the shortest setback of the adjacent residences on the same side of the street, or across the street if there are not two typical adjacent residences, and rise directly vertical and perpendicular to the front property line to a height of 14 feet; at this point, the envelope slopes towards the rear property line at a 45-degree angle to a height no greater than 35 feet above the average elevation of the finished lot grade at the front setback.
3. Dormers and other extensions.
a. Dormers and other extensions may extend beyond the base building envelope as follows:
i. Side dormers and other extensions. The two-dimensional visible area (when viewed from the front elevation of the dwelling unit) of all dormers and other extensions that extend from the roof line planes must not exceed 40 square feet outside the base building envelope on each side. See Figure A in subsection A.2.d.(3)(b) below for illustration of the visible area.
ii. Front dormers and other extensions. The two-dimensional visible area (when viewed from one side elevation of the dwelling unit) of all dormers and other extensions that extend from the front plane must not exceed 40 square feet outside the base building envelope. See Figure B in subsection A.2.d.(3)(b) below for illustration of the visible area.
iii. The aggregate length of the dormers and other extensions that extend beyond the base building envelope must not exceed 15 feet on each side of the dwelling unit(s). See Figure C in subsection A.2.d.(3)(b) below for illustration of the length.
b. Figures.
e. Setbacks. The following setbacks apply:
i. Front-yard setback. The minimum front-yard setback is as follows:
(a) If there are at least two other buildings with front-yard setbacks on the same side of the street on the same block as the lot for which the setback is being determined, the minimum front-yard setback is the average of the two front-yard setbacks of the nearest two buildings.
(b) If there is only one other building with a front-yard setback on the same side of the street on the same block as the lot for which the setback is being determined, the minimum front-yard setback is the front-yard setback of the other building.
(c) If there is no other building with a front-yard setback on the same side of the street on the same block as the lot for which the setback is being determined, the minimum front-yard setback is 20 feet.
ii. Interior side-yard setback. The minimum interior side-yard setback is four feet.
iii. Street side-yard setback. The minimum street side-yard setback is 12.5 feet.
iv. Rear-yard setback. The minimum rear-yard setback is four feet.
v. No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
f. Accessory dwelling units. If one of the two proposed dwelling units is an accessory dwelling unit, it must comply with section 17.228.105.
g. Private protected trees. No private protected tree, as defined in section 12.56.020, may be removed unless: (i) leaving the tree in place would have the effect of physically precluding the construction of up to two dwelling units; (ii) leaving the tree in place would physically preclude either of the two dwelling units from being at least 800 square feet; or (iii) removal is authorized by a tree permit under section 12.56.050.
3. Design standards.
a. New construction must comply with the Citywide Infill Housing Design Standards and, if the development is located within a planned unit development, the objective standards set forth in the planned unit development's development guidelines.
b. No portion of an open balcony, deck, stairs, or landing within 10 feet of a rear lot line or side lot line may be higher than three feet from the ground unless the rear lot line or side lot line abuts a nonresidential use, alley, public street, or city-approved private street.
c. Garbage, recycling, and organic waste containers for each dwelling unit must have a designated storage area onsite that is screened from view from public streets.
4. Other standards.
a. Fencing. All new fencing must comply with sections 17.620.100 and 17.620.1110, and chapter 12.28.
b. Streets. All housing developments must comply with the applicable, objective standards in chapter 17.502.
c. Alleys. Prior to issuance of a certificate of occupancy or final inspection for any dwelling with alley access, the alley must be named as required by the city and a street sign must be installed as required by the city.
d. Parking. No off-street vehicle parking spaces are required; however, if off-street vehicle parking is provided, the following standards apply:
i. Garages, carports, and parking pads must be at least 10 feet wide and 20 feet deep.
ii. Access to the on-site parking must be provided by a driveway that complies with the following:
(a) The driveway must be at least five feet from the property line.
(b) Driveways must have a width of at least 10 feet and a depth of at least 20 feet measured from the right-of-way line, unless the lot is located within the central city and less than 3,200 square feet, in which case the minimum required depth is 18 feet.
(c) Garages accessed from an alley must be setback at least four feet from the right-of-way line.
(d) All driveways and parking pads must be paved with concrete, decorative pavers, asphaltic concrete, or Portland cement.
(e) All applicable objective standards and other requirements in chapter 17.508.
e. All housing development must comply with the California Building Standards Code, as set forth in title 24 of the California Code of Regulations, including the California Fire Code.
f. All housing developments must comply with all applicable, objective standards set forth in the city code.
B. Findings for denial. Notwithstanding subsection A of this section, the city may deny a housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined in subdivision (d)(2) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2025-0007 § 37; Ord. 2024-0017 § 74; Ord. 2021-0035, § 3)
17.864.030 Urban lot splits eligible for ministerial review under Government Code section 66411.7.
A. Notwithstanding any other law, the city will ministerially approve a parcel map for an urban lot split if all the following requirements are met:
1. General requirements.
a. The site is located within the RE or R-1 zones.
b. The parcel map subdivides an existing lot to create no more than two new lots of approximately equal lot area provided that one lot shall not be smaller than 40% of the lot size of the original lot proposed for subdivision.
c. Applicants must sign an affidavit stating that the applicant intends to occupy a dwelling unit on the property as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
d. The project qualifies for ministerial approval under subdivision (a) of California Government Code section 66411.7.
2. Subdivision standards.
a. The minimum lot size for each new lot is 1,200 square feet.
b. Each lot shall have either of the following:
i. At least 20 feet of developed public street frontage or public alley frontage; or
ii. An easement for access and the provision of public services and facilities or, in the absence of such an easement, the applicant enters into an agreement for conveyance of easements pursuant to subsection A.2.b.i of this section.
c. Each lot must have separate water and sewer services.
d. Existing water, sewer, and drainage mains located on the property without easements require dedication of easements in consultation with the Department of Utilities.
e. Prior to recording a parcel map, all existing tax assessments on the property must be paid, excluding taxes owed on any portion of the parcel subject to a pending tax bill segregation application.
f. The parcel map must adequately delineate all existing public easements and any new public easements.
g. The parcel map must comply with all applicable objective requirements of the Subdivision Map Act.
h. The parcel map must comply with all applicable objective standards in chapter 17.832.
i. As determined applicable by the city, prior to or concurrent with recording a parcel map, the subdivider shall enter into agreements for conveyance of easements for the provision of public services and facilities and for the provision of access to the public rights-of-way.
j. All urban lot splits must comply with the California Building Standards Code, as set forth in title 24 of the California Code of Regulations, including the California Fire Code.
k. All urban lot splits must comply with all applicable objective standards set forth in the city code.
B. Findings for denial. Notwithstanding subsection A of this section, the city may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined in subdivision (d)(2) of section 65589.5 of the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2021-0035, § 3)
17.868.010 Purpose and intent.
The purpose of this chapter is to comply with California Government Code sections 65852.28 and 66499.41 related to housing developments and subdivision maps that are eligible for ministerial review. (Ord. 2025-0038 § 3)
17.868.020 Application requirements.
A. Administrative permit. A development project consisting of both a housing development and a subdivision map will be granted an administrative permit if it complies with the requirements of this chapter, except as provided in subsection F. An application made pursuant to this chapter must include both a housing development and subdivision map.
B. Conflicting laws. In the case of a conflict between the standards in this chapter and standards set forth in California Government Code sections 65852.28 and 66499.41, the provisions of the California Government Code prevail.
C. Approval or denial. An application submitted pursuant to this chapter must either be approved or denied within 60 days from the date the city receives a complete application. If denied, the city shall provide the applicant with a written list of items that are defective or deficient and a description of how the applicant can remedy the application.
D. Deemed approval. If the city does not deny the application in accordance with subsection C above, the project will be deemed to satisfy the requirements of this chapter and will be granted an administrative permit and administratively-approved tentative map.
E. Time to resubmit. Notwithstanding section 17.800.050, if an application for an administrative permit under this chapter is denied pursuant to subsection C above, a new application may be filed at any time.
F. Findings for denial. An application made pursuant to this chapter may be denied for reasons unrelated to noncompliance with the requirements of this chapter if, based upon a preponderance of the evidence, the city determines the proposed housing development project or subdivision map would have a specific, adverse impact (as defined in California Government Code section 65589.5, subdivision (d)(2)), upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2025-0038 § 3)
17.868.030 General requirements.
A. An application under this chapter must be for a housing development and subdivision map located on a site that satisfies all the following—
1. The site is located within one or more of following—
a. R-1, R-1A, R-1B, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-5, RMX, RO, OB, OB-2, OB-3, EC, SC, C-1, C-2, C-3, or M-T zones;
b. C-4, M-1, M-1(S), M-2, or M-2(S) zones located within the central city; or
c. RE zone if the site is vacant (as defined in California Government Code section 66499.41, subdivision (a)(2));
2. The site meets the locational criteria in California Government Code sections 65852.28 and 66499.41;
3. The site was not established under this chapter, including a designated remainder parcel described in section 17.868.050.A.2, or section 17.864.030; and
4. If located on a site identified in the city's 2021-2029 housing element, the site has a total capacity of 10 or fewer dwelling units, as shown in the housing element sites inventory table. (Ord. 2025-0038 § 3)
17.868.040 Housing developments eligible for ministerial review under California Government Code section 65852.28.
A. Development standards.
1. Height. The maximum height of the applicable zone applies, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling units per acre.
2. Density.
a. The maximum density is 10 dwelling units.
b. Accessory dwelling units and junior accessory dwelling units are not included in the calculation of density.
c. If located on a site not identified in the city's 2021-2029 housing element—
i. If the applicable zone includes a maximum density, the minimum density is the greater of the following—
(A) 66% of the maximum allowable residential density; or
(B) 19.8 dwelling units per acre;
ii. If the applicable zone does not include a maximum density, the minimum density is 19.8 dwelling units per acre; and
iii. The area of any designated remainder parcel described in section 17.868.050.A.2 is excluded from the calculation of residential density under this subsection.
d. If located on a site identified in the city's 2021-2029 housing element—
i. The minimum density is equal to the total capacity of dwelling units, as shown in the housing element site inventory table; and
ii. All low or very low-income units specified in the city's 2021-2029 housing element for that site are required for a period of at least 45 years.
3. Floor area ratio.
a. If there are fewer than 3 dwelling units, the maximum floor area ratio standards established in the general plan apply, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling units per acre.
b. If there are 3 to 7 dwelling units, the maximum floor area ratio is 1.0, or the maximum floor area ratio established in the general plan, whichever is greater.
c. If there are 8 to 10 dwelling units, the maximum floor area ratio is 1.25, or the maximum floor area ratio established in the general plan, whichever is greater.
4. Maximum area. The average floor area of dwelling units may not exceed 1,750 net habitable square feet (as defined in Government Code section 66499.41, subdivision (a)(6)).
5. Lot coverage. The lot coverage of the applicable zone applies, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling units per acre.
6. Setbacks.
a. Front-yard setback. The front-yard setback of the applicable zone applies, unless that requirement would physically preclude a housing development proposed to be built to the density of 30 dwelling units per net acre.
b. Interior side-yard setback. The minimum interior side-yard setback is four feet unless a less restrictive setback is required by the applicable zone.
c. Street side-yard setback. The minimum street side-yard setback is four feet unless a less restrictive setback is required by the applicable zone.
d. Rear-yard setback. The minimum rear-yard setback is four feet unless a less restrictive setback is required by the applicable zone.
e. Notwithstanding subsections 6.a, 6.b, 6.c, and 6.d above-
i. No setback is required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
ii. No setback is required between dwelling units. All dwelling units must comply with the applicable standards in title 15 of the Sacramento City Code.
B. Design standards. The city's objective design standards apply as provided for in California Government Code section 65852.28 and as set forth in the Citywide Infill Housing Design Standards.
C. Parking. No vehicle parking spaces are required. If any vehicle parking spaces are provided, they must comply with the applicable objective standards set forth in chapter 17.608.
D. Other standards.
1. Before issuance of a certificate of occupancy or final inspection for any dwelling unit with alley access, the alley must be named as required by the city and a street sign must be installed as required by the city.
2. All other applicable city objective standards apply.
3. All requirements of California Government Code sections 65852.28 and 66499.41 apply.
4. All objective standards set forth in an applicable Airport Land Use Compatibility Plan, adopted pursuant to California Public Utilities Code sections 21670 through 21679.5, apply. (Ord. 2025-0038 § 3)
17.868.050 Subdivision maps eligible for ministerial review under California Government Code section 66499.41.
A. An application made pursuant to this chapter must include a subdivision map that satisfies all the requirements in California Government Code section 66499.41 and is subject to all the following:
1. The site proposed to be subdivided must be—
i. 5 acres or less; or
ii. 1.5 acres or less if located within the RE zone.
2. The proposed subdivision must result in 10 or fewer parcels, not including a designated remainder parcel, as defined in California Government Code section 66424.6, that—
i. Retains existing land uses or structures;
ii. Does not contain any new dwelling units; and
iii. Is not exclusively dedicated to serving the housing development project
3. The minimum parcel size is—
i. 600 square feet; or
ii. 1,200 square feet if located in the RE zone.
4. There is no minimum or maximum standard for lot width, lot depth, or frontage.
5. All applicable objective Subdivision Map Act and city map requirements apply.
6. All parcels will be served by the city's water and sewer systems in accordance with title 13 of the Sacramento City Code.
7. The California Building Standards Code, as set forth in title 24 of the California Code of Regulations and title 15 of the Sacramento City Code apply.
8. The subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the site.
B. The subdivider may sell, lease, or finance any parcel resulting from a subdivision under this section if the parcel is the subject of a valid or expired administrative permit for a housing development that complies with section 17.868.040. This does not apply to a designated remainder parcel described in section 17.868.050.A.2.
C. A remainder parcel designated on a map for a subdivision under this section may not be sold until after—
1. The final map for the subdivision approved under this section is recorded; and
2. A certificate of compliance for the remainder parcel is recorded; provided, however, no application for the certificate of compliance for the remainder parcel may be filed before the final map is recorded.
D. Subdivisions created in accordance with this chapter that result in four or more lots, not including a designated remainder parcel described in section 17.868.050.A.2, may be further subdivided under section 17.864.030. (Ord. 2025-0038 § 3)
17.876.010 Purpose.
The purpose of this chapter is to comply with California Government Code sections 65660 - 65664 related to low barrier navigation center developments that are entitled to ministerial review. (Ord. 2024-0054 § 38 (part))
17.876.020 Low barrier navigation center by right.
A. Administrative permit. A low barrier navigation center development will be granted an administrative permit if it:
1. Qualifies for streamlined, ministerial approval under California Government Code sections 65660 - 65664; and
2. Complies with the city's objective zoning standards set forth in this title, except that residential density standards do not apply.
B. In the case of a conflict between the city's standards set forth in subsection A above and the standards set forth in California Government Code sections 65660 - 65664, the provisions of the California Government Code prevail.
C. Application processing. The city shall notify the applicant whether an application for a low barrier navigation center development is complete within 30 days of receipt of the application as required by California Government Code section 65943. Within 60 days of receipt of a completed application for a low barrier navigation center development, the city shall act upon its review of the application. The city's failure to provide written notice within the timeframes in this subsection will not result in a deemed approval of the application. (Ord. 2024-0054 § 38 (part))
17.880.010 Purpose.
The purpose of this chapter is to comply with California Government Code sections 65650 - 65654 related to supportive housing developments that are entitled to ministerial review. (Ord. 2024-0054 § 39 (part))
17.880.020 Administrative permit.
A supportive housing development will be granted an administrative permit if it:
A. Is located in a zone where multi-unit dwellings or a mix of residential and commercial uses are permitted;
B. Will be occupied by the target population, as defined in California Government Code section 65650.
C. Satisfies the requirements of California Government Code section 65651, subdivision (a);
D. Complies with the city's objective zoning standards and objective subdivision standards as set forth in this code; and
E. Complies with the city's objective design standards applicable to multi-unit dwellings, as set forth in the Citywide Infill Housing Design Standards. (Ord. 2024-0054 § 39 (part))
17.880.030 Parking.
No vehicle parking is required. If vehicle parking is provided, it must apply with the applicable objective standards of chapter 17.608. (Ord. 2024-0054 § 39 (part))
17.880.040 Conflicting laws.
In the case of a conflict between the city's standards set forth in section 17.880.020 and the standards set forth in California Government Code sections 65650 - 65654, the provisions of the California Government Code prevail. (Ord. 2024-0054 § 39 (part))
17.880.050 Application processing.
A. The city shall notify the applicant whether an application for a supportive housing development is complete within 30 days of receipt of the application. The City shall approve or deny the application within the following timeframes:
1. Within 60 days after the application is complete for a project with 50 or fewer units; or
2. Within 120 days after the application is complete for a project with more than 50 units.
B. The city's failure to act within these timeframes will not result in a deemed approval of the application. (Ord. 2024-0054 § 39 (part))
17.808.100 Purpose of site plan and design review.
The purpose of the site plan and design review permit is to ensure that the physical aspects of development projects are consistent with the general plan and applicable specific plan or transit village plan and with all applicable design guidelines; to ensure the development is of high quality and is compatible with and complimentary to surrounding development; to ensure streets and other public access ways and facilities, parking facilities, and utility and other infrastructure, both on-site and off-site, are adequate and available to support the development and conform to city development standards; to promote energy efficiency and water conservation; and to avoid or minimize to the extent feasible adverse environmental effects of development. Site plan and design review is a discretionary permit and is not the automatic right of an applicant. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.110 Scope of site plan and design review.
A. The scope of site plan and design review extends to all aspects of the physical characteristics of development, such as the design features and site improvements of a development enumerated below.
1. Architectural design features of buildings and structures, including the size, scale, massing, articulation, colors, and materials of buildings and structures; the number, size, color, materials, design, and location of detached and attached signs (but not for the content or graphic design of the message displayed); and the screening of roof-mounted mechanical equipment;
2. Site design features, including subdivisions, the location and orientation of buildings, structures, detached signs, parking areas, and open spaces; the location, dimensions, and design of access ways and facilities for pedestrians, bicyclists, and vehicles; and the layout, design, and visual and functional characteristics of the landscape plan, including plantings, hardscape, lighting, paving, grading, drainage, and the screening of storage and service areas and ground-mounted equipment;
3. The adequacy of, and any reasonably required improvements to, streets and other public access ways and facilities for pedestrians, bicyclists, and vehicles; parking facilities, if any; and utility and other infrastructure, both on-site and off-site; all as required to serve the development;
4. Physical site and architectural design features related to energy consumption and use of renewable energy resources;
5. Measures for the protection of environmentally sensitive features such as rivers, creeks, wetlands, protected plant and animal habitats, city trees, and private protected trees; and
6. Measures for the prevention of fires, flooding, erosion, subsidence, air and water pollution, glare, excessive noise and vibration, and exposure to hazardous substances.
B. The scope of site plan and design review does not include consideration of the use to which the development is put. (Ord. 2025-0007 § 36; Ord. 2021-0024 § 37; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.120 Approval of deviations from design guidelines and development standards.
A. Site plan and design review includes the authority to approve or require deviations that are more or less restrictive than the applicable design guidelines; subdivision standards; sign standards; lot coverage standards; setback and open space standards; height; development standards; parking facility standards, including the minimum and maximum off-street parking requirement; and allowable roof projections, including parapets, pitched roofs, mechanical penthouses, and spires.
B. Except as otherwise provided in this title, a deviation from design guidelines and development standards for the matters listed in subsection A of this section is subject to director-level review. (Ord. 2020-0021 § 3; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.130 Commission-level site plan and design review.
A. Site plan and design review at the commission level is required for the following development projects:
1. A development project involving a landmark, contributing resource or noncontributing resource that, in the determination of the preservation director, involves one or more of the following:
a. Significant alteration to an existing landmark or contributing resource that would have a significant impact upon the character-defining features of the resource or upon original fabric, or would impact the resource's eligibility for listing in the Sacramento register;
b. New construction of a building or structure on the site of an existing landmark, contributing resource or noncontributing resource that would have a significant impact upon the character-defining features of the resource or upon original fabric, or would impact the resource's eligibility for listing in the Sacramento register; or
c. Relocation of a building or structure to the site of an existing landmark, contributing resource or noncontributing resource that would have a significant impact upon the character-defining features of the resource or upon original fabric, or would impact the resource's eligibility for listing in the Sacramento register;
2. A development project that involves the demolition or relocation of a landmark or contributing resource, except the demolition or relocation of accessory buildings and structures that are not identified as significant features or characteristics of the landmark or contributing resource;
3. A development project that involves the relocation of a building or structure to a vacant lot in a historic district;
4. When review of the project is elevated to the commission level under section 17.808.300 or commission-level review is otherwise required under this title.
B. Commission-level site plan and design review is conducted by the preservation commission if the development project is located in a historic district or involves a landmark. Otherwise, commission-level site plan and design review is conducted by the planning and design commission. If the development project is subject to preservation commission review, but also requires another discretionary permit or legislative request under this title, the preservation commission shall, at the conclusion of its hearing, forward a recommendation on the site plan and design review to the planning and design commission, rather than take final action.
C. A commission-level decision on a site plan and design review application is appealable to the city council as provided in section 17.812.060. (Ord. 2020-0021 § 4; Ord. 2017-0061 § 86; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.140 Director-level site plan and design review.
A. Site plan and design review at the director-level review is required for the following development projects:
1. A development not subject to commission-level review and that the director determines is not in substantial compliance with applicable design guidelines or that includes a deviation from design guidelines or development standards is subject to director-level review under section 17.808.120. A deviation that does not involve a distance, area, or quantity is subject to director-level review.
2. A development project involving a landmark or, contributing resource that is not subject to preservation commission review and that involves one or more of the following:
a. New construction of a building or structure on the site of an existing landmark or, contributing resource;
b. Additions of new porches, dormers, or new conditioned space on primary façades or affecting significant features or characteristics;
c. Alterations such as new openings in primary façades, raising the structure, partial demolitions, or other changes with the potential for having impacts on character-defining features of the property or district, or on existing original fabric; or
d. Demolition or relocation of accessory buildings and structures that are not identified as significant features or characteristics of the landmark or contributing resource.
3. When review of the project is elevated to the director level under section 17.808.300 or director-level review is otherwise required under this title.
B. Director-level site plan and design review is conducted by the preservation director if the development project is located in a historic district or involves a landmark. Otherwise, director-level site plan and design review is conducted by the design director. If the development project requires another discretionary permit under this title to be heard at the director level, the preservation director or design director shall conduct the hearing on the development project concurrently with the hearing conducted by the zoning administrator or planning director.
C. A director-level decision on site plan and design review application made by the preservation director is appealable to the preservation commission, and a director-level decision on site plan and design review application made by the design director is appealable to the planning and design commission, as provided in section 17.812.060. If the development project includes another discretionary permit under this title that is also being appealed, the preservation commission shall, at the conclusion of its hearing, forward a recommendation on site plan and design review to the planning and design commission, rather than take final action. (Ord. 2019-0057 § 2; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.150 Staff-level site plan and design review.
A. Site plan and design review at the staff-level is required for any development project that is not subject to director-level or commission-level review.
B. Staff-level site plan and design review is conducted under the general direction of the preservation director if the development project is located in a historic district or involves a landmark. Otherwise, staff-level site plan and design review is conducted under the general direction of the design director.
C. A staff-level decision is subject to reconsideration under section 17.812.020, and is not appealable. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.160 Development exempt from site plan and design review.
The following development projects are exempt from the site plan and design review requirement:
A. For development projects that are not located in a historic district and do not involve a landmark:
1. An alteration to an existing building or structure that does not substantially alter the exterior appearance of the building or structure, as determined by the director;
2. An alteration to an existing site that does not significantly alter the functioning of the site with respect to traffic circulation, parking, infrastructure, and environmentally sensitive features, as determined by the director;
3. Accessory dwelling units that meet all development standards without deviation (Accessory dwelling units that do not meet development standards are subject to director-level review);
4. Sidewalk cafes;
5. Convenience recycling facilities;
6. Registered house plans (subject to site plan review, but not design review); and
7. Demolition of the following structures if less than 50 years old:
a. Accessory dwelling unit or junior accessory dwelling unit;
b. Residential accessory structure;
B. For development projects located in a historic district or that involve a landmark:
1. Repainting of surfaces that were originally painted and the color scheme is not a significant character-defining feature of the historic resource;
2. Routine nonabrasive cleaning and maintenance; and
3. Site plantings when plantings and landscape elements are not significant character-defining features of the historic resource.
C. Tentative maps and parcel maps that subdivide vacant land and meet all development standards without deviations.
D. Antennas that are reviewed or exempt from review under chapter 12.14.
E. Housing projects that are subject to ministerial review under another provision of this title.
F. Urban lot splits that are subject to ministerial review under chapter 17.864.
G. Electric vehicle charging and hydrogen-fueling stations, consistent with California Government Code section 65850.7, subdivision (b).
(Ord. 2024-0051 § 30; Ord. 2021-0035, § 4; Ord. 2021-0024 § 38; Ord. 2020-0031 § 3; Ord. 2019-0006 § 18; Ord. 2017-0061 § 88; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.170 Determination of level of review of site plan and design review.
A. Except as provided in subsection B of this section, the director shall determine whether an application for site plan and design review is subject to staff-level, director-level, or commission-level review. The determination of the director is final and is not subject to appeal.
B. For site plan and design review applications involving landmarks or contributing resources for which no significant features and characteristics have been identified, the preservation director shall identify the significant features and characteristics and determine whether the application is subject to staff-level, director-level, or commission-level review. The determination of the preservation director is final and is not subject to appeal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.180 Site plan and design review-Decision and findings.
A. Development projects located in a historic district or involving a landmark.
1. Projects not involving the demolition or relocation of a landmark or contributing resource. For projects not involving the demolition or relocation of a landmark or contributing resource, the decision-maker may approve an application for site plan and design review based on the following findings:
a. The project is consistent with the Secretary of Interior standards and the goals and policies of this chapter; or
b. The project is not fully consistent with the Secretary of Interior standards, due to economic hardship or economic infeasibility, but the project is generally consistent with, and supportive of, the goals and policies of this chapter. The applicant shall have the burden of proving economic hardship or economic infeasibility; or
c. The project is not fully consistent with the Secretary of Interior standards, but is consistent with and supportive of identified goals and policies of the general plan or applicable community or specific plan(s); and the project is either generally consistent with, and supportive of, the goals and policies of this chapter, or if not, the benefits of the project and furthering the identified goals and policies of the general plan or applicable community plan outweigh any impacts on achieving the goals and policies of this chapter.
2. Projects involving demolition or relocation of a landmark or contributing resource. For projects involving the demolition or relocation of a landmark or contributing resource, the decision-maker may approve an application for site plan and design review based on the following findings:
a. Based upon sufficient evidence, including evidence provided by the applicant, the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, the costs of rehabilitation to meet the requirements of the building code or other city, state, or federal law; or
b. That the demolition or relocation of the landmark or contributing resource is necessary to proceed with a project consistent with and supportive of identified goals and policies of the general plan or applicable community or specific plan(s), and the demolition of the building or structure will not have a significant effect on the achievement of the purposes of this chapter or the potential effect is outweighed by the benefits of the new project; or
c. In the case of an application for a permit to relocate, that the building may be moved without destroying its historic or architectural integrity and importance; or
d. That the demolition or relocation of the landmark or contributing resource is necessary to protect or to promote the health, safety or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance, and the benefits of demolition or relocation outweigh the potential effect on the achievement of the goals and policies of this chapter.
B. Development projects not located in a historic district and not involving a landmark. For projects not located in a historic district and not involving a landmark, the decision-maker may approve an application for site plan and design review based on all of the following findings:
1. The design, layout, and physical characteristics of the proposed development are consistent with the general plan and any applicable specific plan or transit village plan; and
2. The design, layout, and physical characteristics of proposed development are consistent with all applicable design guidelines and with all applicable development standards or, if deviations from design guidelines or development standards are approved, the proposed development is consistent with the purpose and intent of the applicable design guidelines and development standards; and
3. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards; and
4. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood; and
5. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged; and
6. The design, layout, and physical characteristics of the proposed development are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
C. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.200 Conditional use permit.
A. Purpose. A conditional use permit is a zoning instrument used primarily to review the location and conduct of certain land uses that are known to have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties, unless given special attention. A conditional use permit is a discretionary permit and is not the automatic right of an applicant.
B. Approval authority.
1. A conditional use permit is subject to review at the director level by the zoning administrator or planning director, at the commission level by the planning and design commission, or by the city council, as provided in this title.
2. A director-level decision on a conditional use permit is appealable to the planning and design commission, and a commission-level decision on a conditional use permit is appealable to the city council, as provided in section 17.812.060.
C. Decision and findings.
1. The decision-maker may approve a conditional use permit based on all of the following findings:
a. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan; and
b. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; and
c. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities; and
d. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance.
2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.210 Variance.
A. Purpose. A variance is a limited waiver or modification of a requirement contained in this title and is intended to be applied in situations where the strict application of the requirement to a proposed development will result in practical difficulty or unnecessary hardship for the owner due to unusual physical characteristics of the subject parcel. A variance is a discretionary permit and is not the automatic right of any applicant.
B. Approval authority.
1. A variance is subject to review at the director level by the zoning administrator.
2. A decision on a variance is appealable to the planning and design commission as provided in section 17.812.060.
C. Decision and findings.
1. The decision-maker may approve a variance, based on all of the following findings:
a. The parcel has physical characteristics, including its location, shape, size, topography, and surroundings, that do not generally exist in other properties in the vicinity with the same zoning classification; and
b. Due to these physical characteristics, strict compliance with this title would deprive the subject parcel of development opportunities enjoyed by comparable parcels in the vicinity with the same zoning classification; and
c. Approval of the requested variance will directly address the development impediments created by strict application of this title due to the physical characteristics of the subject parcel, but will not result in development advantages for the subject parcel inconsistent with the limitations imposed by this title on comparable parcels in the vicinity with the same zoning classification; and
d. Approval of the requested variance will not be detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance; and
e. Approval of the requested variance will not allow a use or activity on the subject parcel that is not otherwise expressly authorized by this title; and
f. Approval of the requested variance authorizes development that is consistent with the general plan and any applicable specific plan or transit village plan.
2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.220 Reserved.
(Ord. 2016-0045 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.230 Legislative change request.
A. Purpose. The following changes to legislative regulations applicable to a parcel of land may be requested by the parcel owner. Changes to legislative regulations are legislative acts, are discretionary, and are not the right of the applicant.
1. Amendment of the land use designation established by the general plan or any specific plan.
2. Designation of a planned unit development.
3. Adoption of a planned unit development schematic plan and development guidelines.
4. Amendment of a planned unit development schematic plan designation.
5. Text amendment to planned unit development guidelines.
6. Rezoning.
7. Prezoning of a parcel outside of the city limits.
B. Approval authority.
1. Commission level-Recommendation. Except as provided in paragraph 3 of this subsection below, legislative change requests are subject to review at the commission level by the planning and design commission. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the request.
2. Council level. Legislative change requests are subject to review by the city council upon receipt of the recommendation or report from the planning and design commission.
3. An amendment to a planned unit development schematic plan or development guideline is subject to review by the planning and design commission, unless the amendment solely relates to a sign program specified in section 17.452.040.B.2.b, in which case the amendment is subject to review at the director level.
C. Decision and findings.
1. The decision-maker may approve a legislative change request as provided in this subsection C.
a. A decision to approve an amendment to a general plan land use designation is made by resolution, based on the following findings of fact:
i. The amendment is internally consistent with the goals, policies, and other provisions of the general plan; and
ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed general plan land use designation.
b. A decision to approve an amendment to a specific plan land use designation is made by resolution, based on the following findings of fact:
i. The amendment is consistent with the applicable general plan land use designation, use, and development standards; and the goals, policies, and other provisions of the general plan;
ii. The amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed specific plan land use designation.
c. A decision to designate a planned unit development or to adopt or approve an amendment to a planned unit development schematic plan or development guideline is made by resolution, based on the following findings of fact:
i. The designation, adoption, or amendment is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan or transit village plan;
ii. The designation, adoption, or amendment promotes the public health, safety, convenience, and welfare of the city; and
iii. The zoning classification of the subject parcel is consistent with the proposed designation of a planned unit development, or adoption of or amendment to the planned unit development schematic plan and development guidelines.
d. A decision to approve a rezoning or prezoning is made by ordinance, based on the following findings of fact:
i. The rezoning or prezoning is consistent with the applicable general plan land use designation, use, and development standards; the goals, policies, and other provisions of the general plan; and any applicable specific plan; and
ii. The amendment promotes the public health, safety, convenience, and welfare of the city.
2. The city council or planning and design commission may modify the request as it determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2019-0006 § 19; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.240 Administrative permit.
A. Purpose. Administrative permits are used to determine the conformance of a proposed project to applicable development standards, use regulations, location restrictions, and similar requirements. Administrative permits are ministerial permits.
B. Approval authority.
1. Administrative permits are subject to consideration and action at the administrative level of review under the general direction of the planning director.
2. Action on an administrative permit is not appealable.
C. Decision. The planning director, or other director as may be designated by the planning director, shall approve an administrative permit if the proposed project conforms to all applicable standards, regulations, and requirements. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate for the project to conform to the standards, regulations, and requirements as required for approval. (Ord. 2017-0061 § 89; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.250 Emergency building permit.
With the concurrence of the planning director, the building official may issue a building permit prior to the approval of all discretionary permits required by this title, subject to all of the following conditions and criteria:
A. The applicant for the building permit shall have completed and submitted an application for all discretionary permits required by this title for the development authorized by the building permit;
B. The development authorized by the building permit is to replace, rebuild, or reconstruct a structure or building destroyed or made inoperable due to a natural disaster such as a flood, earthquake, or other soil or geologic movement; fire; or the occurrence of a riot, accident or sabotage;
C. A demonstrated urgency exists to replace, rebuild, or reconstruct the structure or building involving a clear and imminent danger demanding immediate action to prevent or mitigate loss or damage to life, health, or property; or the threat of loss of services for which there is an overriding public concern;
D. The completed application filed for all discretionary permits required by this title qualifies as an emergency or other exempt project under the State CEQA Guidelines promulgated in Title 14, California Code of Regulations, section 15000 et seq.; and
E. The applicant files a letter with the planning director, executed before a notary public, indicating that the applicant understands that:
1. The structure or building shall be removed by the applicant all discretionary permits required by this title are not approved;
2. The issuance of a building permit in advance of approval of all discretionary permits required by this title does not vest in the applicant or successor to the applicant, any right to continue construction or use of the structure or building, if all discretionary permits required by this title are not approved by the appropriate authority;
3. If the city is required to remove the structure or building due to the applicant's refusal or inability to do so, the applicant shall pay reasonable costs, including attorneys' fees and administrative expenses, incurred by the city in removing or contracting to remove the structure or building; and
4. A cash deposit or bond shall be required, in an amount to be determined by the planning director, sufficient to pay the costs of the removal of the structure or building, including reasonable attorneys' fees and administrative expenses; said deposit or bond to be held, or to remain in force, until released by the director. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.260 Mixed income housing strategy.
A. Purpose. A mixed income housing strategy, as required by chapter 17.712, is intended to ensure that large residential projects provide housing for a variety of incomes and family types that is consistent with housing element policy.
B. Approval authority.
1. Commission level-Recommendation. A mixed income housing strategy is subject to review at the commission level by the planning and design commission. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the request.
2. Council level-Approval. A mixed income housing strategy is subject to review and approval by the city council upon receipt of the recommendation or report from the planning and design commission.
3. Minor amendments. An amendment to an approved mixed income housing strategy that does not change the intensity of land uses by more than ten percent is subject to review and approval by the planning and design commission.
C. Decision and findings.
1. The approval authority may approve a mixed income housing strategy by resolution, based on the following findings of fact:
a. The mixed income housing strategy is consistent with the goals, policies, and other provisions of the general plan and its housing element; and
b. The mixed income housing strategy promotes the public health, safety, convenience, and welfare of the city.
2. The city council or planning and design commission may modify the mixed income housing strategy as it determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2021-0024 § 39; Ord. 2015-0029 § 3)
17.808.300 Authority to approve-Discretion to elevate review to director level or commission level.
The preservation director, design director, zoning administrator, or planning director, in their sole discretion, may elect to elevate the review and decision of any discretionary permit under their general direction or authority from the staff level to the director level, or from the director level to the commission level. The decision of the director under this section is final and is not subject to reconsideration or appeal. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.310 Authority to approve-All affiliated permits and requests to be heard together.
Notwithstanding any other provisions of this title, all permits, tentative maps, tentative map design deviations, post-tentative map design deviations, and legislative change requests associated with a single development project are reviewed and decided at the highest level required for the project. (Ord. 2017-0009 § 16; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.400 Discretionary permits-Establishment of use-Term.
A. Time to establish use, construct development project, or demolish a building or structure under a discretionary permit.
1. General rule.
a. A discretionary permit expires and is thereafter void if the use or development project for which the discretionary permit has been granted is not established within the applicable time period. The applicable time period is either:
i. Three years from the effective date of approval of the discretionary permit; or
ii. The time specified by the decision-maker, if so stated in a condition of approval of the discretionary permit.
b. A use or development project that requires a building permit is established when the building permit is secured for the entire development project and construction is physically commenced.
c. A use or development project that does not require a building permit is established when all of the activities for which the discretionary permit has been granted have commenced.
d. The determination of whether the use or development project has been established is made by the planning director.
e. The holder of the discretionary permit may appeal the determination of the planning director to the planning and design commission as provided in section 17.812.060.
f. This subsection A.1 does not apply to discretionary permits that are associated with the demolition of a building or structure in a historic district or involving a landmark.
2. Site plan and design review involving the demolition of a building or structure located in a historic district or involving a landmark. A site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark expires and is thereafter void if a demolition permit or a building permit for the demolition work has not been obtained and substantial expenditures in good faith reliance upon the permit have not been made with 180 days from the effective date of approval.
B. Extension of time to establish use, construct development project, or demolish a building or structure under a discretionary permit.
1. General rule. One or more applications to extend time to establish a use, construct a development project, or demolish a building or structure may be granted for a discretionary permit up to a cumulative total extension period of five years. An application for an extension of time is discretionary and is not the automatic right of an applicant.
a. Time of filing. An application to extend time to establish a use, construct a development project, or demolish a building or structure under a discretionary permit shall be filed no later than the date the discretionary permit expires. If an application to extend time is timely filed, the discretionary permit shall not expire until action is taken on the application or the application is withdrawn.
b. Approval authority.
i. An application to extend time to establish a use or construct a development project under a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.
ii. An application to extend the time to establish a use, construct a development project, or demolish a building or structure under a site plan and design review approval is subject to review at the staff level under the general direction of the preservation director if the development project is located in a historic district or involves a landmark. Otherwise, the application is subject to review under the general direction of the design director.
c. Decision and findings. The decision-maker may approve the application for an extension of time for good cause and based on the findings required for approval of the permit type as stated in this chapter. The decision-maker may impose conditions on the extension of time as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval.
d. This subsection B.1 does not apply to discretionary permits that are associated with site plan and design review approval for the demolition of a building or structure in a historic district or involving a landmark.
2. Extension of time for the demolition of a building or structure located in a historic district or involving a landmark. An application for an extension of time of a site plan and design review approval for the demolition of a building or structure located in a historic district or involving a landmark may be extended for a period of up to an additional 45 days upon application to the preservation director filed no later than 30 days prior to expiration.
3. Discretion to elevate review of request. The zoning administrator, planning director, preservation director, or design director, in their sole discretion, may elect to elevate the review and decision on an application to extend the time to establish a use or construct a development project under their general direction or authority from the staff level to the director level. The decision of the director under this section is final and is not subject to reconsideration or appeal.
C. Term of discretionary permit. Once the use or development project authorized by a discretionary permit is established, the permit is of indefinite duration, unless an expiration date has been specifically stated as a condition of the permit, or unless the permit expires for discontinuance of use under section 17.808.410. (Ord. 2017-0061 § 90; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.410 Discretionary permits-Expiration for discontinuance of use.
A. If a use authorized by a conditional use permit is discontinued for a continuous period exceeding two years, the permit expires for discontinuance of use and thereafter is void. For discontinuance of a nonconforming use, see section 17.232.100.
B. If a building or structure is damaged, demolished, or destroyed, the site plan and design review approval and any variance approval for the building or structure expires for discontinuance of use and thereafter is void, unless repair or reconstruction work is commenced within two years following the date of damage or destruction and diligently prosecuted to completion. Commencement of repair or reconstruction is deemed to occur when a building permit is obtained and construction physically commenced. All repair or reconstruction work must be in accordance with the regulations of the building code existing at the time the building permit application for the work is filed. (Ord. 2017-0061 § 91; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.420 Use of property to conform to terms and conditions of discretionary permit.
The use of property that is the subject of a discretionary permit shall conform in all respects with, and shall not extend beyond, what was approved by the discretionary permit, including all plans, exhibits, and conditions of approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.430 Modification of approved terms and conditions-Site plan and design review.
A. Request for modification—classification as major or minor.
1. A request to modify the terms and conditions of a site plan and design review permit may be made by filing an application for modification. A request for modification is discretionary and is not the automatic right of an applicant. If the project is located in a historic district or involves a landmark, a proposed modification is classified as either major or minor by the preservation director. If the project is not located in a historic district and does not involve a landmark, a proposed modification is classified as either major or minor by the design director. The classification of a modification as major or minor does not require notice or hearing. The classification of a modification as major or minor is final and not subject to reconsideration or appeal.
2. A major modification is one that will result in any one of the following:
a. The deletion of a condition of approval;
b. A change to a condition of approval that prevents or substantially alters its intended outcome; or
c. A substantial change to exhibits (e.g., site plans, architectural plans, landscape plans, design specifications, etc.) that accompany the permit.
3. A minor modification is one that is not classified as a major modification.
B. Decisionmaking.
1. Major modifications.
a. Decision-maker. If the development project is located in a historic district or involves a landmark, a request for a major modification is subject to review by the preservation director. If the project is not located in a historic district and does not involve a landmark, the modification is subject to review by the design director.
b. Decision and findings. Approval of a major modification is made at the director level and based on the findings in section 17.808.140. Approval may include the imposition of new or different conditions as determined to be necessary or appropriate to make the required findings.
2. Minor modifications.
a. Decision-maker. If the development project is located within a historic district or involves a landmark a request for a minor modification is subject to review by the preservation director. If the development project is not located within a historic district and does not involve a landmark, the modification is subject to review by the design director.
b. Decision and findings. Approval of a minor modification is made at the staff level and based on the findings in section 17.808.150. Approval may include the imposition of new or different conditions as determined to be necessary or appropriate to make the required findings. (Ord. 2024-0051 § 31; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.440 Modification of approved terms and conditions-Conditional use permits and variances.
A. Request for modification-Classification as major or minor.
1. A request to modify the terms and conditions of a conditional use permit or variance may be made by filing an application for modification at any time during the term of the permit. A request for modification is discretionary and is not the automatic right of an applicant. A proposed modification is classified as either major or mi-nor by the zoning administrator, without notice or hearing. The decision on the classification of the modification is final and is not subject to reconsideration or appeal.
2. A major modification is one that will result in a material change in the nature of a project. The following are deemed major modifications for purposes of this section. This list is not inclusive, and the fact that a particular change is not included does not limit discretion or authority of the decision-maker to determine that a particular proposed change or set of changes to the permit constitutes a major modification. The following changes constitute major modifications for purposes of this provision:
a. Any major change in the pattern or volume of traffic flow either on or off any property covered by the permit;
b. Any change in the nature of the use;
c. Any increase in the density of dwelling units per acre; and
d. Any material changes in the orientation or location of structures on the parcel.
3. A minor modification is any modification that is not classified as a major modification.
B. Approval authority-Major modification. A request for a major modification to the terms and conditions of a conditional use permit or variance is subject to review at the director level by the zoning administrator.
C. Decision and findings-Major modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sion-maker may impose conditions on the modification as the decision-maker determines to be necessary or appropriate to make the required findings.
D. Appeal. A decision on a request for a major modification is appealable to the planning and design commission as provided in section 17.812.060.
E. Approval authority-Minor modification. A minor modification to the terms and conditions of a conditional use permit or variance is subject to review at the staff level under the general direction of the zoning administrator.
F. Decision and findings-Minor modification. The decision-maker may approve the request for modification based on the findings required for approval of the conditional use permit or variance as stated in this chapter. The deci-sion-maker may impose conditions on the modification as the decision-maker determines to be necessary or ap-propriate to make the required findings.
G. Reconsideration. A decision on a request for a minor modification is subject to reconsideration under section 17.812.020, and is not appealable.
H. Discretion to elevate review of request. The zoning administrator or planning director, in their sole discretion, may elect to elevate the review and decision of a request to modify the terms and conditions of a conditional use permit or variance under their general direction or authority from the staff level to the director level, or from the director level to the commission level. The decision of the director under this section is final and is not subject to reconsider-ation or appeal. (Ord. 2021-0024 § 40; Ord. 2017-0061 § 92; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.450 Revocation-Conditional use permits.
A. Decision authority. Revocation of a conditional use permit is reviewed by the original decision-maker.
B. Decision and findings.
1. The decision-maker may revoke a conditional use permit based on any one or more of the following findings:
a. That the property's use is detrimental to the public health, safety, or welfare;
b. That the property's use constitutes a public nuisance; or
c. That the property's use violates any condition of approval of the discretionary permit.
2. If the decision-maker determines that there are grounds to revoke the discretionary permit, the decision-maker may, in lieu of revocation, impose additional or modify existing conditions of approval of the discretionary permit as the decision-maker determines to be necessary or appropriate for the use of the property to conform to the standards of approval.
C. Appeal. A director-level decision to revoke or modify a conditional use permit is appealable to the planning and design commission, and a commission-level decision to revoke a conditional use permit is appealable to the city council, as provided in section 17.812.060. (Ord. 2017-0061 § 93; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.460 Administrative permits-Use of property to conform to terms and conditions of permit.
The development and use of property that is the subject of an administrative permit shall conform in all respects with, and shall not extend beyond, what was approved by the administrative permit, including all plans, exhibits, and conditions of approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.470 Administrative permits-Establishment-Term-Expiration for discontinuance of use.
A. An administrative permit expires and is thereafter void if the use or development project for which the administrative permit has been granted is not established within three years of the effective date of approval.
B. Once the use or development project authorized by an administrative permit is established, the permit is of indefinite duration, unless the term of the administrative permit is established in this title or is specifically stated as a condition of the permit, or unless the permit expires for discontinuance of use under subsection C.
C. If a use authorized by an administrative permit is discontinued for a continuous period exceeding two years, the permit expires for discontinuance of use and thereafter is void. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.480 Administrative permits-Revocation.
A. Decision authority. Revocation of an administrative permit is reviewed by the original decision-maker.
B. Decision and findings.
1. The decision-maker may revoke an administrative permit, based on any one or more of the following findings:
a. That the property's use is detrimental to the public health, safety, or welfare;
b. That the property's use constitutes a public nuisance; or
c. That the property's use violates any condition of approval of the administrative permit.
2. If the decision-maker determines that there are grounds to revoke the administrative permit, the decision-maker may, in lieu of revocation, impose additional or modify existing conditions of approval of the adminis-trative permit as the decision-maker determines to be necessary or appropriate for the use of the property to conform to the standards of approval.
C. Appeal. A decision to revoke of modify an administrative permit is subject to reconsideration under section 17.812.020 and is not appealable. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)
17.808.500 Responsibility for actions on subdivision maps.
Except as provided otherwise in this title, the responsibility for actions taken under this title shall be as stated below.
A. City Council. The city council shall be responsible for:
1. The approval, conditional approval, or denial of vesting tentative maps and requests for extensions of time for vesting tentative maps;
2. The approval, conditional approval, or denial of reversions to acreage; and
3. Hearing appeals of the planning and design commission with respect to a tentative map.
B. Planning and Design Commission. The planning and design commission shall be responsible for:
1. Making recommendations to the city council on approval, conditional approval, or denial of vesting tentative maps and tentative maps; and
2. Hearing appeals of the zoning administrator with respect to a tentative map.
C. Subdivision Review Committee. The subdivision review committee shall be responsible for:
1. Investigating and reporting on the design and improvement of all proposed subdivisions and making recom-mendations thereon to the zoning administrator and planning and design commission;
2. Recommending approval, conditional approval, or disapproval of the design of proposed subdivisions and the kinds, nature and extent of on-site and off-site improvements required in connection therewith;
3. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps;
5. Recommending disapproval of a tentative map for noncompliance with the requirements of these regulations, the Subdivision Map Act, or the standards, rules or regulations adopted by the commission pursuant to these regulations;
6. Reviewing and making recommendations concerning proposed subdivisions in the unincorporated territory of the county of Sacramento and county of Yolo in accordance with section 66453 of the California Govern-ment Code when it has elected to do so;
7. Reviewing and make recommendations for reasonable modifications or waivers of the requirements of these regulations as they apply to the development of designated infill sites; and
8. Exercising additional powers and duties as prescribed by law and by these regulations.
D. Zoning Administrator. The zoning administrator shall be responsible for:
1. The approval, conditional approval, or denial of all tentative maps other than vesting tentative maps;
2. The approval or denial of requests for extensions of time for tentative maps other than vesting tentative maps;
3. The approval, conditional approval, or denial of all post-tentative map design deviations; and
4. The approval, conditional approval, or denial of minor amendments of approved tentative maps.
E. Director of Public Works. The director of public works shall be responsible for:
1. The approval or disapproval of all final maps, parcel maps, master parcel maps, and amended maps; and
2. The approval or denial of lot line adjustments and lot mergers. (Ord. 2020-0021 § 5; Ord. 2017-0009 § 17)