No building or part thereof of other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner, other than those which are included among the uses hereinafter listed as permitted in the district in which such building, land or premises is located.

No building or part thereof or other structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

No building or part thereof or other structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations hereinafter designated for the district in which such building or open space is located.

No yard or other open space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or other open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

Single-family dwellings.

Rooming and boarding of no more than two persons.

Signs not exceeding in the aggregate, six square feet in area, for each building site, may be displayed for the purpose of advertising the sale or lease of property upon which is displayed.

Mobile homes.

Employee housing for six or fewer persons, as defined in Chapter 18.04 of this title.

Supportive housing, as defined in Chapter 18.04 of this title.

Transitional housing, as defined in Chapter 18.04 of this title.

Residential Care Facility, Small, as defined in Chapter 18.04.177 of this title.

Residential Care Facility, Large, as defined in Chapter 18.04.178 of this title.

Living quarters for persons regularly employed on the premises, but not rented or otherwise conducted as a business; provided, that no kitchen facilities are provided.

Home occupations, with the issuance of a home occupation permit.

Other accessory uses, and accessory buildings customarily appurtenant to a permitted use.

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service type; not including corporation yards, storage or repair yards and warehouses.

Public utility substations and public utility communication equipment buildings.

Single room occupancy (SRO) units.

Minimum building site area required, 3,750 square feet;[1]

Minimum building site width required, 50 feet;

Percentage of building site coverage permitted, 60%;

Minimum front yard setback required, five feet;

Minimum side yard setback required, five feet;[2]

Minimum rear yard setback required, 10 feet;

Parking spaces required, two per dwelling unit (one covered);

Maximum driveway width, 12-1/2 feet (to allow curb room for off-site parking).

Site plan approval required of all conditional uses set out in Section 18.08.040.

Off-street parking required for all uses as set out in this chapter, two spaces per unit to be within a two car, enclosed garage.

No required parking for supportive housing located within 1/2 mile from a public transit stop.

Design control regulations apply within the R-1 district.

Single-family dwellings.

Duplex or two-family dwellings.

Multifamily manufactured homes.

Residential care facility, small, as defined in Chapter 18.04 of this title.

Residential care facility, large, as defined in Chapter 18.04 of this title.

Employee housing for six or fewer persons, as defined in Chapter 18.04 of this title.

Supportive housing, as defined in Chapter 18.04 of this title.

Transitional housing, as defined in Chapter 18.04 of this title.

Room and boarding of not more than one person per unit;

Home occupations, with the issuance of a home occupation permit;

Private swimming pools;

Temporary tract offices and building yards;

Other accessory uses and accessory buildings customarily appurtenant to a permitted use.

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service type; not including corporation yards, storage or repair yards and warehouses.

Multifamily dwellings.

Nursery schools, licensed foster homes, homes for ambulatory aged persons, and nursing or convalescent homes.

Commercial parking lots.

Public utility substations and public utility communication equipment buildings.

Single room occupancy (SRO) units.

Single-family dwellings; same as in R-1 district regulations; and

Two family dwellings, designated as follows:

Site plan approval by the City Council required of all conditional uses;

Off-street parking required for all uses, as above;

No required parking for supportive housing located within one half mile from public transit stop;

On any corner lot, each exterior yard which abuts the front yard of an adjacent lot shall be not less than 20 feet in depth. Any other exterior yard on a corner lot may be reduced to 15 feet;

Applicable fence height limitations and other regulations relating to fences and hedges;

Design control district regulations apply.

Multiple dwellings.

Single-family dwellings and duplexes, subject to all restrictions and requirements of the R-1 district.

Multifamily manufactured homes.

Licensed homes for ambulatory aged persons over 65 years of age.

Residential care facility, small, as defined in Chapter 18.04 of this title.

Residential care facility, large, as defined in Chapter 18.04 of this title.

Employee housing for six or fewer persons, as defined in Chapter 18.04 of this title.

Supportive housing, as defined in Chapter 18.04 of this title.

Transitional housing, as defined in Chapter 18.04 of this title.

Rooming and boarding of not more than two persons.

Temporary tract offices and building yards; and

Other accessory uses and accessory buildings customarily appurtenant to a permitted use.

Rooming houses and boarding houses for any number of guests.

Incidental services, such as restaurants and retail sales to serve residents only; provided, that there is not exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building.

Social halls, lodges, fraternal organizations and clubs, except those operated for a profit.

Nursery schools, licensed foster homes and homes for ambulatory aged persons.

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service type, but not including corporation yards, storage or repair yards and warehouses.

Commercial parking lots.

Public utility substations and public utility communication equipment buildings.

Single room occupancy (SRO) units.

Site plan approval by the City Council is required for all construction or physical alterations in the R-3 district.

All existing buildings and structures located on the property shall be brought into complete conformity with all building and other sections of the City building code or shall be removed prior to issuance of certificate of occupancy for new construction.

All structures in the R-3 district shall be constructed under requirements for condominiums as set forth in the Uniform Building Code as adopted by the City.

Design control district regulations apply.

No required parking for supportive housing located within 1/2 mile from public transit stop.

All legal businesses and uses existing within the MU-P district at the time of the adoption of the ordinance codified in this chapter shall be considered permitted uses, but only on the sites they currently occupy. All businesses and uses within existing conditional use permits at the time of the adoption of said ordinance shall be allowed to continue as a use permitted by conditional use permit, and only on the site they currently occupy. Expansion of any of these uses beyond their current locations will require conditional use permit approval by the City and will be subject to the MU-P development standards and land use compatibility requirements.

Expansion of existing commercial and industrial uses on-site or substantial remodeling or renovation resulting in more than a 25% increase in floor area or building coverage shall require the issuance of a conditional use permit and will subject the entire commercial or industrial use to the current site development standards of the MU-P district.

Multiple dwellings, mixed-use, and planned unit development projects that meet any of the following criteria shall be permitted by-right, subject only to a site development permit:

Employee housing (serving six or fewer persons), transitional housing, and supportive housing shall be considered permitted uses by-right, subject only to a site development permit and permits similar to other uses of the same type in the same zone. Employee, transitional, and supportive housing shall all mean as defined in Chapter 18.04 of this title.

Residential care facilities (small and large) shall be considered a permitted use by-right subject only to a site development permit and permits similar to other uses of the same type in the same zone. Residential care facility shall mean as defined in Chapter 18.04 of this title.

Low barrier navigation centers shall be considered a permitted use by-right. Low barrier navigation center shall mean as defined in Chapter 18.04 of this title.

Public or quasi-public uses;

Commercial recreation;

Light-manufacturing;

Live/work units;

Art/craft studios;

Laboratories, motion picture studios, recording studios, radio/television broadcast stations, photo processing/printing;

Open air markets;

Brew pubs, wine tasting;

Retail establishments;

Restaurants, food service, food take out;

Bakeries, catering commercial kitchens;

Service, commercial;

Hotels, motels, inns;

Medical and professional offices;

Single-family and multifamily development at densities no greater than established by this chapter;

Any other use the City Council finds to be consistent with the goals and policies of the Sand City General Plan and the purposes of this zoning district;

Single room occupancy (SRO) units.

No parcel or lot created after January 17, 1984, shall have an area of less than 3,750 square feet; provided, however, that the minimum land area of a parcel or lot in the MU-P district created on or before January 17, 1984, and improved with a single-family residence shall be 1,875 square feet.

Minimum front yard setback: six feet. Exception: At grade patios, porches or stoops are permitted within the setback area.

Minimum side and rear yard setbacks: zero feet.

Applicable fence height limits and other regulations as contained in Sections 18.62.050 and 18.62.060.

Site plan approval by the City Council is required for all construction and physical site alterations in the MU-P district.

On-site parking and loading facilities as provided in Chapter 18.64. Dwelling unit density may be restricted beyond that allowed by this chapter if insufficient off-street parking is not provided to meet Chapter 18.64.

Height Limitations. Maximum 60 feet, including roof equipment, but subject to discretionary limitation of less than 60 feet in the approval of land entitlement permits. Maximum allowable building heights shall be based upon a mean average of the sum of a building's height of all building elevations at existing grade. Buildings exceeding 60 feet in average height shall be subject to discretionary conditional use permit approval and must satisfy, at a minimum, all of the following findings; but under no circumstances shall any height exceed 85 feet.

Findings:

Design Review Regulations Apply.

A coastal development permit shall be required for all construction and physical site alterations in the MU-P district where a site designated as MU-P also falls within the coastal zone boundaries of the City. In such cases, these areas shall be shown on the zoning map as CZ-MU-P, and uses within this area shall be subject to the limitations of Chapter 18.26.

In order to determine if proposed new businesses and residential uses within the MU-P district are compatible with ambient conditions, the following additional submissions may be required as part of the conditional use permit, coastal development permit, or site plan review process: (1) material safety data sheets; (2) fire department approval and agreement to annual inspections if hazardous materials are involved with the proposed use; and (3) an acoustical analysis by a licensed acoustical engineer. Above-standard sound proofing may be required to insure compatibility with nearby or planned residential uses.

Housing Density. The MU-P District shall allow a minimum of 20 dwelling units per acre and a maximum of 81 dwelling units per acre.

Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding communities.

Garages, including those having facilities for automobile storage and minor repairs, as defined herein and commercial parking lots.

Telephone booths and communication equipment buildings.

Administrative or executive offices.

Hotels and motor hotels.

Retail business and service establishments, such as:

New automobile sales.

Restaurants, cocktail lounges, theaters and similar enterprises.

Any other retail business or service establishment which the Council finds to be consistent with the purpose of this chapter and which will not impair the present or potential use of adjacent properties.

Existing residential units shall remain as conforming uses in the C-1 district and will be allowed accessory uses, buildings and mobile homes, as deemed appropriate by the City Council. Site plans will be required for all construction or physical alterations in the C-1 district.

Public and quasi-public uses appropriate in the light commercial district.

Bakeries, creameries, retail laundries, cleaning and dyeing establishments.

Nightclubs, bowling alleys, dancehalls and roller skating rinks.

Used car sales within an enclosed building.

Automobile service stations.

Sidewalk cafes.

Printing and publishing or lithographic shops.

Public utility substation.

Front yard setback, zero feet, with the provision that all parking requirements can be met.

Side and rear yard setback, zero feet.

Building height (maximum), 36 feet.

Parking, to be in accordance with Chapter 18.64.

Signing and fencing to be in accordance with Chapter 18.64 and Sections 18.62.050 and 18.62.060.

In a C-1 district directly across a street or thoroughfare from any R district designated for future residential use in the general plan, the parking and loading facilities shall maintain an average distance of eight feet from such street.

All uses shall be conducted wholly within a completely enclosed building, except for service stations, public utility substations, and off-street parking and loading facilities; except that the Council may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

Site plan review by the City Council for all construction or physical alterations in the C-1 zoning district.

Design control regulations apply.

Wholesale business, storage or warehousing.

Automobile, truck, trailer, boat and farm implement establishments, including major repair.

Building material sales yard, not including concrete mixing.

Public utility buildings, service yards, telephone booths and substations.

Contractor's equipment storage yard, or storage and rental of equipment commonly used by contractors.

Carpenter, electrical, plumbing, heating or machine shop; printing, publishing or lithographic shop; furniture upholstering shop, greenhouse or horticultural nursery.

New and used automobile sales and automobile service stations.

Animal hospitals, veterinary clinics and kennels.

Bakeries, creameries, soft drink bottling plants; laundries, cleaning and dyeing plants.

Truck depots.

Any other commercial use or service establishment determined by the Council to be of the same general character as the above-permitted uses.

Existing residential units.

New single-family residential units (for non-coastal zone C-2 districts only).

Public or quasi-public uses appropriate to the C-2 district.

Concrete mixing and asphalt mixing yards.

Commercial recreation facilities, including bowling alleys.

Other retail commercial uses, listed as principal permitted uses in the C-1 district appropriate in or necessary to serve a heavy commercial area.

Mobile homes (for non-coastal zone C-2 districts only).

No parcel or lot created after January 17, 1984, in the C-2 district shall have an area of less than 3,750 square feet; provided, however, that the minimum land area of a parcel or lot in the C-2 district created after January 17, 1984, and improved with a single-family residence shall be 1,875 square feet.

Minimum front yard setback required is 20 feet.

Minimum side and rear yard setback is zero feet.

Applicable fence height limits and other regulations are contained in Sections 18.62.050 and 18.62.060.

Site plan approval by the City Council required for all construction or physical alterations in the C-2 district.

Off-site parking and loading facilities required for all uses, as provided in Chapter 18.64.

Height requirements: maximum 36 feet.

Design control regulations apply.

Any local retail business or service establishment, such as a grocery store, bake shop, drugstore, barber and beauty shop, clothes cleaning and laundry pickup station, child care center, business or professional office or bank, supply commodities or performing services for residents of the neighborhood.

Restaurant, cafe and soda fountain, not including entertainment or dancing or sale of liquor, beer or other alcoholic beverages by the glass or for consumption on the premises.

Commercial parking lots for passenger vehicles.

Telephone booths.

Any other retail business which is determined by the Council to be of the same general character as the above permitted retail business or service area.

Public and quasi-public uses appropriate to the C-3 district.

Automobile service stations.

Social halls, lodges, fraternal organizations.

Public utility substations and communications equipment buildings.

All uses shall be conducted wholly within a completely enclosed building, except for service stations, public utility substations and off-street parking and loading facilities; except that the Council may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

In any C-3 district directly across the street from any R district, the parking and loading facilities shall maintain an average distance of eight feet from the street and structures at least 20 feet from the street.

Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises.

Not more than three persons shall be engaged in the fabrication, repair or other processing of goods in any establishment, and not more than five aggregate horsepower shall be employed in the operation of all machines employed for the aforesaid purposes.

Site plan approval required for all construction or physical alterations in the C-3 district.

Off-street loading and parking required for all uses, as provided in Chapter 18.64.

Applicable fence height limits and other regulations relating to fences and hedges are contained in Sections 18.62.050 and 18.62.060.

Design control regulations apply.

Membership warehouse clubs that are retail in nature, provided that service uses appurtenant to a principal permitted use do not exceed 10% of the gross floor area of the building in which they are located.

General retail establishments, such as discount stores, department stores, large-scale sporting goods, home building supply, electronics, drug stores, and similar establishments.

Tenant, employee, and patron parking facilities appurtenant to a principal permitted use and consistent with the requirements of Section 18.19.060.

Administrative office uses appurtenant to a principal permitted use, provided that they do not exceed 25% of the gross floor area of the building in which they are located.

Any use permitted under Section 18.19.020 which is less than 2,000 square feet.

Retail, service, or general commercial uses, limited to the following uses:

Extreme value retail use.

Odd-lot/close-out retail use.

Single price retail use.

Price point retail use.

Lot.

Building.

All uses shall be conducted wholly within a completely enclosed building, except for service stations, screened service areas, public utility substations, and off-street parking and loading facilities; except that the City Council may permit the outdoor operation of any permitted use by approving a conditional use permit therefor.

Off-street parking and loading facilities shall be required for all uses, as provided in Chapter 18.64.

Applicable fence height limits and other regulations relating to fences and hedges are contained in Section 18.62.060.

A site plan approval by the City Council is required for all new development proposals, including all exterior alterations. The City Council may condition site plan approvals. Site plans for grocery stores shall include provisions for recycling facilities. As a part of site plan approval, all areas containing designated environmentally sensitive habitat shall be permanently maintained in a scenic easement or some other device acceptable to the City Council.

Landscape plan approval by the City Council is required for all development proposals. The development proposal shall include a minimum of 5% of the project site devoted to landscaping, exclusive of dedicated areas.

Design Control (DC) regulations apply.

Manufacture, processing, storage and packaging of food, concrete, asphaltic concrete, sand, gravel and storage of petroleum - based products.

Fish and meat packing.

Wholesaling, storage, warehousing and heavy equipment storage.

Printing, publishing and bookbinding plants.

Railroad terminal facilities, truck depots.

Public utility buildings and substations.

Uses appurtenant to a permitted use such as offices, storage, repair and maintenance.

Existing residential units shall remain as conforming uses in the M district, and will be allowed accessory uses, buildings and mobile homes as deemed appropriate by the City Council. Site plans will be required for all construction or physical alterations in the M district.

Transitional housing as defined in Section 18.04.527.

Supportive housing as defined in Section 18.04.517.

Residential care facility, large, as defined in Chapter 18.04 of this title.

Public and quasi-public uses appropriate in the M district.

Retail commercial uses such as restaurants and service stations necessary for service to uses within the district.

Any other manufacturing/industrial uses deemed appropriate for the M district by the City Council.

Other manufacturing, assembly, processing and packaging or other industrial operations when, in the determination of the Council, all resulting dust, dirt, cinders, fumes, gases, smoke and odor shall be confined effectively to the premises or so disposed of as to avoid air pollution, and where any noise, vibration or flashing is not normally unreasonable.

Production of coal, coke and tar.

Production of dry fertilizers, gelatine, animal glue and sizing.

Production of turpentine, matches and paint.

The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining petroleum products such as kerosene, gasoline, naphtha and lubricating oil; distillation of wood or bones; or tanning of raw, green or salted hides of skins.

Stockyards, slaughterhouses.

Storage of fireworks or explosives.

Off-Street Parking and Loading Requirements.

Area and Yard Requirements.

Covered or uncovered loading docks may be located within required yards.

Existing Nonconforming Uses. Those uses existing at the time of enactment of the ordinances codified in this title, which are nonconforming in nature may continue in operation. A building that is dimensionally nonconforming in a specific yard or yards may be expanded into that yard or yards to the extent of existing nonconformance; provided, that occupants of such a building shall file a site plan of their entire property showing all buildings then existing thereon with the first application for expansion thereof following enactment of this section.

Design control district regulations apply.

Height requirement: maximum 75 feet.

All facilities owned or leased and operated or used by the City of Sand City, the County of Monterey, the State of California, the government of the United States, and/or the Monterey Peninsula Unified School District.

Emergency shelters as defined in Section 18.04.279.

Transitional housing as defined in Section 18.04.527.

Supportive housing as defined in Section 18.04.517.

Low barrier navigation centers as defined in Section 18.04.356.

Residential care facility, large, as defined in Chapter 18.04 of this title.

Facilities of all public utilities, as defined in the Public Utilities Code of the State, and corporations or other organizations whose activities are under the jurisdiction of the Federal Communications Commission or the Interstate Commerce Commission.

Private educational facilities.

Day care centers.

Business or trade schools.

Outdoor recreation services.

Churches, lodges and assembly halls.

Any other use which the City Council finds to be of a similar nature to permitted or conditional uses specified in this chapter for the PF zoning district.

Minimum lot area: 3,750 square feet.

Maximum building coverage: 60%.

Minimum setbacks: as determined by site plan review and approval by the City Council or the Design Review Committee for lots within the East Dunes Planning Area.

Maximum height: three stories of 35 feet.

Parking requirements: As specified in Chapter 18.64 of this title.

Areas used for outdoor storage shall meet the minimum design standards applicable to off-street parking facilities with respect to paving, grading, drainage, access to public streets, safety and protective features, lighting, landscaping and screening.

Signs shall be regulated as specified in Chapter 18.66 of this title.

Clustered multiple family attached structures at medium density, subject to submittal and approval of Planned Unit Development (PUD) application, and public recreation areas. For Assessor's Parcel Number (APN) 011-501-014, allow all permitted uses in the medium density designation to be intermixed with other types of units or uses allowed on the parcel under the Visitor Serving Commercial, Visitor Serving Residential, and Medium Density Residential zoning designations, subject to an overall site development plan for the entire parcel, such that the proportion of residential uses relative to the specified acreage in the LCP Land Use Plan is not increased, but encourage clustered multifamily attached structures at medium density.

For APN 011-501-014, Medium Density Residential development shall not exceed 175 units at a maximum of 25 units per acre on seven acres.

Duplex units.

Modular and mobile homes.

Single-family dwellings.

Public uses within development projects such as picnic areas, wind shelters, promenades or other indoor public recreational area uses where outdoor recreation may not be favorable.

Density: allow 14 to 25 dwelling units per acre.

The following minimum requirements shall be observed unless clustered development is proposed:

Clustered development shall be subject to planned unit developments (PUD) applications and approval, including requirements of this CZ R-2 district (other than subsection B of this section) and the policies and requirements of the coastal land use plan.

Coastal development permit required; CZ district regulations apply.

Off-street parking required for all uses as indicated in this chapter.

Clustered multifamily attached structures at high density subject to a PUD application.

Duplex units.

Single-family dwellings.

Modular and mobile homes.

Public uses within development projects such as picnic areas, wind shelters, promenades or other indoor public recreational area uses where outdoor recreation may not be favorable.

Density: allow 25 to 35 dwelling units per acre. In areas designated as special treatment area zone (where a PUD is applied for), the following standards shall apply as incentives for lot consolidation:

The following minimum requirements shall be observed unless clustered development is proposed:

Clustered developments shall be subject to planned unit development (PUD) application and approval, including requirements of this zoning district, other than subsection B of this section, and the policies and requirements of the local coastal land use plan.

Coastal development permit required; CZ district regulations apply.

Off-street parking required for all uses as indicated in this chapter.

All legal businesses and uses existing within the MU-P district at the time of adoption of this chapter shall be considered permitted uses, but only on the sites they currently occupy. All businesses and uses with existing coastal development permits at the time of adoption of this chapter shall be allowed to continue as a use permitted by a coastal development permit, and only on the site they currently occupy. Expansion of any of these uses beyond their current locations will require coastal development permit approval by the City Council and will be subject to the CZ-MU-P development standards and land use compatibility requirements.

Expansion of existing commercial and industrial uses on-site or substantial remodeling or renovation resulting in more than a 25% increase in floor area or building coverage shall require the issuance of a coastal development permit and will subject the entire commercial or industrial use to the current site development standards of the MU-P district.

Public or quasi-public uses;

Commercial recreation;

Light-manufacturing;

Live/work units at a density no greater than one unit per 1,875 square feet of lot area;

Art/craft studios;

Laboratories, motion picture studios, photo processing;

Open air markets;

Brew pubs;

Retail establishments;

Restaurants;

Bakeries;

Service commercial;

Hotels, motels, inns;

Medical and professional offices;

Single-family and multifamily development at a density no greater than one unit per 1,875 square feet of lot area;

Any other use the City Council finds to be consistent with the goals and policies of the Sand City General Plan and the purposes of this district.

No parcel or lot created after January 17, 1984, shall have an area of less than 3,750 square feet; provided, however, that the minimum land area of a parcel or lot in the CZ-MU-P district created after January 17, 1984, and improved with a single-family residence shall be 1,875 square feet.

Minimum front yard setback: as approved by site plan review of the City Council.

Minimum side and rear yard setbacks: as approved by site plan review of the City Council.

Applicable fence height limits and other regulations as contained in Sections 18.62.050 and 18.62.060.

Site plan approval by the City Council is required for all construction and physical alterations in the CZ-MU-P district.

On-site parking and loading facilities required for all uses, as provided in Chapter 18.64.

Height limitations: maximum 60 feet.

Design review regulations apply.

A coastal development permit shall be required for all construction and physical alterations in the CZ-MU-P district where said district falls within the coastal zone boundaries of the City. In such cases, these areas shall be shown on the zoning map as CZ-MU-P, and uses within this area shall be subject to the same limitations as referenced herein.

In order to determine if proposed new businesses and residential uses within the CZ-MU-P district are compatible with ambient conditions, the following additional submittals may be required as part of the conditional use permit, coastal development permit, or site plan review process: (1) material safety data sheets; (2) fire department approval and agreement to annual inspections if hazardous materials are involved with the proposed use; and (3) an acoustical analysis by a licensed acoustical engineer. Above-standard sound proofing may be required to ensure compatibility with nearby or planned residential uses.

Hotels, motels, vacation clubs/timeshares, public recreation areas, and accessory shops (such as gift shops, travel agencies, beauty shops, etc.) and any other visitor-serving use as determined by the City Council to serve the purpose of this district. Vacation clubs/timeshares are defined as accommodation facilities with guest or owner stays limited to not more than 29 consecutive days, and not more than a total of 84 days in each calendar year. For projects involving the development of vacation clubs/timeshares, the property owner shall be required to record a deed restriction prior to the issuance of a coastal development permit, indicating the length of stay limitations and that the project is a visitor-serving use available to the general public through a rental pool program when not in use by vacation club/timeshare owners of members. For Assessor's Parcel Number (APN) 011-501-014, where other uses are allowed, those uses under the Visitor-Serving Residential and Residential Medium Density zoning designations may be intermixed, subject to an overall site development plan for the entire parcel such that the proportion of visitor-serving uses relative to the specified acreage in the LCP Land Use Plan is not decreased.

For APN 011-501-014, Visitor-Serving Commercial development shall not exceed a maximum of 375 hotel/vacation club/timeshare units on 17 acres. All other visitor-serving commercial uses shall be limited according to the water allocation presented in Appendix F of the LUP.

Food service establishments, service stations, recreation retail shops and services (such as bike rentals).

Campgrounds, recreational vehicle parks, and other recreational facilities operated as a business and open to the general public for a fee.

Public uses within development projects such as picnic areas, wind shelters, promenades or other indoor public recreational area uses where outdoor recreation may not be favorable.

Density. For visitor-serving hotels, allow up to 75 rooms per acre. The number of hotel rooms shall be limited as follows:

For visitor-serving motels, allow up to 37 rooms per acre to be limited as follows:

The following minimum requirements shall be observed:

Dune restoration programs are required as indicated on the zoning map and per the habitat restoration (HR zone) and LUP Standards.

Coastal development permit required; CZ district regulations apply.

Off-street parking required for all uses as indicated above.

Location of any uses permitted in this CZ VSC district shall not preclude the establishment of a CZ-CD district according to permitted uses of the CZ-CD district and shall not prohibit access to such a use.

Cluster multiple family structures with a rental pool at medium density subject to Planned Unit Development (PUD) application and approval, and public recreation areas. For Assessor's Parcel Number (APN) 011-501-014, allow all permitted uses in the Visitor-Serving Residential, Medium Density designation to be intermixed with other types of units or uses permitted on the parcel under the Visitor-Serving Commercial and Residential Medium Density zoning designations, subject to an overall site development plan for the entire parcel, such that the proportion of residential uses relative to the specified acreage in the LCP Land Use Plan is not increased.

For APN 011-501-014, Visitor-Serving Residential, Medium Density development shall not exceed 100 units maximum at a maximum density of 25 units per acre on four acres.

Public uses within development projects such as picnic areas, wind shelters, promenades or other indoor public recreational area uses where outdoor recreation may not be favorable.

Density: allow 14 to 25 dwelling units per acre.

Parking spaces required: one and one-half (1-1/2) per dwelling unit (covered); parking standards for units constructed as fee simple shall be the same as those in the coastal zone residential, medium density district.

Clustered development shall be subject to planned unit development (PUD) application and approval, including requirements of this CZ VS R-2 district, and the policies and requirements of the coastal land use plan.

All uses within this district shall be visitor serving timeshare units and shall be restricted to purchase in 31 day maximum increments and to occupancy for 31 day maximum periods with the following exception: units may be constructed as fee simple specifically to accommodate the transfer of density credit program as established in the local coastal land use plan.

Dune restoration programs are required as indicated on the zoning map and per the habitat restoration (HR) zone and LUP Standards.

Coastal development permit required; CZ district regulations apply.

Off-street parking required for all uses as indicated in this chapter.

Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or surrounding communities.

Garages, including those having facilities for automobile storage and minor repairs, as defined herein and commercial parking lots.

Telephone booths and communication equipment buildings.

Administrative or executive offices.

Hotels and motor hotels.

Retail business and service establishments, such as:

New automobile sales.

Restaurants, cocktail lounges, theatres and similar enterprises.

Any other retail business or service establishment which the City Council finds to be consistent with the purpose of this chapter and which will not impair the present or potential use of adjacent properties.

Existing residential units shall remain as conforming uses in the CZ C-1 district and will be allowed accessory uses, buildings and mobile homes as deemed appropriate by the City Council. Site plans will be required for all construction or physical alterations in the CZ C-1 district.

Public and quasi-public uses appropriate in the light commercial district.

Bakeries, creameries, retail laundries, cleaning and dyeing establishments.

Nightclubs, bowling alleys, dancehalls, and roller skating rinks.

Used car sales within an enclosed building.

Automobile service stations.

Sidewalk cafes.

Printing and publishing or lithographic shops.

Public utility substations.

Coastal development permit required; coastal zone combining district regulations apply.

Off-street parking, signing, fencing, and landscaping shall be in accordance with coastal zone requirements and applicable implementation plan sections related to these topics.

In a CZ C-1 district directly across a street or thoroughfare from any R district designated for future residential use in the local coastal plan or general plan, the parking and loading facilities shall maintain an average distance of eight feet from such street.

Manufacture, processing, removal, storage and packaging of foods, concretes, sands, gravels and heavy equipment.

All permitted uses allowed in the M district.

Off-Street Parking and Loading Requirements.

Area and Yard Requirements.

Covered or uncovered loading docks may be located within required yard setbacks. Public utility substations, pumping stations and other similar unmanned facilities shall not be subject to the minimum requirements of this section.

Existing Nonconforming Uses. Those uses existing at the time of enactment of this chapter which are nonconforming in nature may continue in operation. Time limitations will not be established for nonconforming uses. Expansion of nonconforming uses established by the local coastal program will not be allowed.

Dune restoration programs are required as indicated on the zoning map and per the habitat restoration (HR) zone and LUP Standards.

Coastal development permit required; coastal zone district regulations apply.

Off-street parking and signing required in accordance with coastal zone requirements and Chapter 18.64.

Require water reclamation or recycling and encourage water reuse for landscaping wherever possible and economically feasible.

Manufacturing, assembly, processing, packaging and similar industrial uses.

Offices associated with a permitted use.

All permitted uses allowed in the IP district.

The minimum lot size, width and depth requirements will be established when the lots involved are part of a planned cluster-type development served by a common driveway and parking area.

Parking requirements vary by type of land use as provided in Chapter 18.64. If no use has been designated for a parcel at the time of site plan review then the parking requirement shall be one space per 500 square feet of gross building area. Off-street loading spaces shall be provided in accordance with Chapters 18.62 and 18.64. No parking shall be allowed in any exterior yard. Parking areas shall be either:

Landscaping shall conform to coastal zone regulations and Chapter 18.62, which requires detailed landscape plans and sets standards for quality of plant materials, irrigation systems and maintenance.

Lighting and light reflection shall be reasonably confined to the site.

Areas proposed for outdoor storage shall be shown on the required site plan.

Proposed outdoor storage shall be permitted if it is determined by the City Council that the location, screening and type of equipment and materials to be stored are such that there will be no significant adverse visual impact on the appearance of the industrial park or on any specific property within the park.

Any area used for outdoor storage shall be appropriately surfaced.

Coastal development permit required; coastal zone district regulations apply.

Off-street parking required in accordance with coastal zone requirements and Chapter 18.64.

All utility lines shall be placed underground and all transformers shall be placed underground unless otherwise required by the utility company. Where transformers must be pad-mounted aboveground, they shall be located away from the general public view or shall be effectively concealed by a screen fence of a design approved by the utility company and by the City Council.

Signs shall conform to the district sign requirements as provided in Chapter 18.34.

Undeveloped areas reserved for future expansion shall be kept in a weed-free, litter-free condition.

Require water reclamation or recycling and encourage water reuse for landscaping wherever possible and economically feasible.

Site plans will be required for all buildings and open storage.

Public utilities such as the sewage treatment plant, pump stations and public utility pipelines.

Police and fire department infrastructure.

City corporation yards.

Other public buildings and equipment as approved by the City Council.

Parking and landscaping shall be provided in accordance with coastal zone requirements and Chapters 18.62 and 18.64.

Dune restoration programs are required as indicated on the zoning map and per the habitat restoration (HR) zone and LUP Standards.

Public parks, picnic areas, parking areas and sandy beaches.

Access ways which are publicly owned or over which access easements are to be required as a condition of development.

Other support facilities for public recreational uses.

Controlled public access and/or educational programs in areas of dune restoration programs.

Pavement coverage shall be minimized and in no case exceed 40% of the site.

Development, except for signs and lifeguard towers, shall be located according to the following priorities:

Picnic and other recreation facilities shall not be permitted unless they can be found not to cause interference with recreational uses typically associated with open sandy beaches.

Research and education.

Removal of ice plant.

Fencing or other means of public access control.

Native habitat enhancement activities as specified in the local coastal land use plan.

Biological field surveys and management plan are required for any development or specific plan. The survey shall be prepared by a qualified biologist to determine exact locations of environmentally sensitive habitat areas and to recommend mitigation measures to minimize habitat impacts. Surveys shall be prepared according to standards established in the local coastal land use plan.

Coastal development permit required; coastal zone district regulations apply.

All developments within the coastal zone must obtain a coastal development permit. Application for a coastal development permit shall be made by the owner of the property or authorized representatives on an application form provided by the City. The application for a coastal development permit shall be accompanied by any maps, drawings and other necessary supplementary materials as indicated on the application form. The application fee shall be set by the City Council and no part of such fee shall be refundable.

The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:

Improvements to existing single-family residences as outlined below, except within 50 feet of the edge of a coastal bluff, or involving a significant alteration of a sand dune, or where the development permit issued for the original structure by the Coastal Commission indicated that any future additions would require a development permit; or involving a change in the intensity of use:

Improvements to any structure other than an existing single-family residence or a public works facility as outlined below, except within 50 feet of the edge of a coastal bluff, or involving a significant alteration of a sand dune, or where the development permit issued for the original structure by the Coastal Commission indicated that any future additions would require a development permit; or involving a change in the intensity of use:

Repair and maintenance of existing public roads including routine maintenance and those activities necessary to preserve the highway as it was constructed; provided, that there is no excavation or disposal of fill outside the roadway prism and there is no addition to or expansion of the existing public road facility and any other repair and maintenance activities that do not result in an addition to, or enlargement of, the object of such repair or maintenance activities, except:

The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development; provided, that the activity does not new roads, and there will be no clearing in habitat areas defined in the local coastal land use plan.

The replacement of any structure, other than a public works facility, destroyed by fire, flood, explosion, wind, earthquake, war, riot or other calamity other than a willful act by the property owner. Such replacement structure shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 10% and shall be sited in the same location on the affected property as the destroyed structure.

Any category of development, or any category of development within a specifically defined geographic area, that the California Coastal Commission, after public hearing, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast.

A public hearing date on a coastal development permit application shall be set within 10 working days upon completion of environmental review. If action on other permits or approvals is required for the project, the City shall act concurrently on the coastal development permit.

Not less than 10 calendar days prior to a scheduled public hearing the City shall send notice by first class mail of the date, time and place of such hearing and other contents required by this section to a newspaper of general circulation and to each applicant, all property owners and residents within 100 feet of the project site, to the State Coastal Commission, and to all other persons who request such notice by submitting a self-addressed, stamped envelope to the City.

Contents of the notice shall include a statement that the development is within the coastal zone; name of the applicant; date of filing; project location and description; application number; statement of the coastal status; the date, time and place of the public hearing; a brief description of the City's general procedure concerning the hearing process; and a description of the appeal process.

A least one public hearing shall be held on a coastal development permit application. If a decision on a permit is continued to a time which is neither previously stated in the notice, nor announced at the hearing as being continued to a certain time, the City shall provide notice of further hearings as described above.

Emergency coastal development permits may be granted at the discretion of a local official designated by the City for projects normally requiring a coastal development permit approval which must be undertaken as emergency measures to prevent loss of or damage to life, health or property, or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.

Applications in cases of emergencies shall be made to the City by letter if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency permit.

The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include the following:

The City may request, at the applicant's expense, verification by a qualified professional of the nature of and solutions to the emergency situation. Within 90 days of issuance of an emergency permit, the applicant shall submit a completed coastal development permit application and required technical reports.

The emergency work authorized under approval of an emergency permit shall be limited to activities necessary to protect the endangered structure or essential public structure. The emergency approval shall be voided if the approved activity is not exercised within 15 days of issuance of the emergency permit. The approval shall expire 60 days after issuance. Any work completed outside of these time periods requires a regular coastal development permit approval unless an extension is granted by the City.

The City Council may impose such conditions as it deems necessary to achieve consistency with the local coastal program and to protect adjacent properties.

At the minimum, the following shall be required for issuance of any coastal development permit:

In considering a coastal development permit application, the City Council shall give due regard to the local coastal program in order to approve a development and the Council shall make findings that approval of the permit is consistent with the local coastal program, including but not limited to:

The City shall not approve or renew a coastal permit for new or expanded surf zone sand mining if it finds that such new or expanded sand mining, either individually or cumulatively, will have significant adverse impacts on shoreline erosion. Such determination shall be made upon consideration of the results of the continuing shoreline erosion monitoring program, available evidence on the impact of surf zone sand mining on coastal erosion, and other relevant social, economic, environmental and technological factors. Any coastal permit issued for new surf zone sand mining or expansion of existing surf zone sand mining shall be issued subject to a condition that will permit the City to require that sand mining activity be reduced to previous levels (prior to the issuance of a coastal permit) or terminated (in the case of a new sand mining operation) if the continuing analysis or other available evidence on the impact of beach and surf zone sand mining on shoreline erosion shows that such operations have a significant adverse impact on shoreline erosion.

Offers to dedicate or grant public access easements shall be made in accordance with the provisions of the Local Coastal Land Use Plan. the offer of dedication or granting shall be made on forms provided by the City and approved by the City Attorney. An offer to dedicate or grant an access shall revert to the owner after five years from development project completion (including access improvements) if it has not been accepted by an appropriate public or private agency. Accessways whose title is maintained in private ownership shall remain open to the public during daylight hours subject to a deed restriction recorded on or prior to the time of reversion of the offer of dedication.

Access easements shall be provided in accordance with provisions of the Local Coastal Land Use Plan and the following:

Future developments shall dedicate rights-of-way for roads and bikeways as shown in the Local Coastal Land Use Plan and on forms as provided by the City.

Required in-lieu fees shall be based on current fair market value of land and development costs in areas where accessways are planned, and shall be based on the equivalent of the parcel having to accommodate a vertical accessway. The fees collected shall be used only for the purpose of providing or enhancing public accessways or ancillary facilities to or along the shoreline.

The coastal development permit shall become effective 10 working days after the City's final decision, unless an appeal is filed with the State Coastal Commission. Denials of a permit application shall become effective immediately.

Decisions on applications for appealable developments shall become effective after the 10 working day appeal period to the Coastal Commission has expired and no appeal has been filed. The 10 day appeal period shall start the day of the receipt by the Coastal Commission of adequate notice of the final local action.

A coastal development permit will expire on the latest expiration date of any other applicable permit, unless no other permits are required, then the coastal development permit shall expire two years from its date of approval if the project has not been commenced during that time. The two year period shall be tolled during any legal proceedings brought to challenge the approval or conditions of the permit.

An appeal of a decision regarding a coastal development permit may be made to the State Coastal Commission for the following types of development:

All appealable developments may be appealed by an applicant, any two members of the State Coastal Commission or an aggrieved person. Coastal commission review of appeals shall be based on findings of consistency with the City's Local Coastal Land Use Plan. Grounds for appeal of an approved coastal development permit for developments described in paragraph (A)(1) of this section are limited to the following:

A biological field survey and habitat protection plan is required prior to the approval of any development or specific plan which may affect habitat preserve areas to determine exact locations of sensitive habitat areas and to recommend mitigation measures to minimize habitat impacts according to standards established in the Local Coastal Land Use Plan. If the plan includes habitat relocation or offsite restoration activities, it shall be forwarded to the Department of Fish and Game for review and approval. Plans involving rare or endangered species should also be forwarded to the U.S. Fish and Wildlife Service for consultation.

New uses proposed adjacent to locations of identified environmentally sensitive habitats shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas based on standards set forth by the City in the Local Coastal Land Use Plan.

Projects within identified environmentally sensitive habitat areas shall utilize only native coastal plants in landscaping plans.

Permanent protection shall be ensured for areas designated as habitat preserves as determined by the required field survey and habitat management plan through easements or dedications to public agencies to be reviewed and approved by the City Attorney and/or the executive director of the Coastal Commission pursuant to CZ "review of legal documents" provisions.

Restoration or enhancement of native dune plant habitats or establishment of new habitat for rare and endangered species.

Grading and other activities necessary to implement a habitat restoration activity.

Native plant relocation as established in the Local Coastal Land Use Plan.

A biological field survey and habitat protection plan is required to be prepared according to standards established in the Local Coastal Land Use Plan. If the plan includes habitat relocation or off-site restoration activities, it shall be forwarded to the Department of Fish and Game for review and approval. Plans involving rare or endangered species should also be forwarded to the U.S. Fish and Wildlife Service for consultation.

Permanent protection shall be ensured for areas designated as habitat preserves as determined by the required field survey and habitat management plan through easements or dedications to public agencies to be reviewed and approved by the City Attorney and/or the executive director of the Coastal Commission pursuant to CZ "review of legal documents" provisions.

Coastal development permit required; coastal zone district regulations apply.

All proposed developments shall be consistent with an area-wide specific plan for developments. Such plans may be prepared by a developer for City approval or by the City.

This chapter shall apply to all developments proposed within the coastal zone, consistent with the coastal zone regulations except that requirements for design permit applications as set forth in this chapter shall be waived in the coastal zone, if all the materials required by this chapter are provided in the coastal development permit application.

Design Committee Review Findings. The design committee shall review proposed coastal zone developments according to standards and guidelines established in the local coastal program. The committee shall make conditions, if necessary, and issue a design permit only if it is found that the development is sited, designed and landscaped in a manner that is consistent with Local Coastal Land Use Plan policies including those governing required view corridors, dune preservation/restoration areas and height restrictions.

For that area of the City, generally bounded by Contra Costa Street, California Avenue, East Avenue, Merle Street, Tioga Avenue and Highway 1, and further known as the East Dunes, the Design Committee shall have the authority to make final decisions on all applications for use permits, variances, special uses, design permits and any other quasi-judicial land use determination.

Legislative and quasi-legislative acts such as rezonings and general plan amendments shall remain the exclusive authority of the City Council, although the Design Committee shall advise the Council on such applications within the East Dunes Area.

Decisions of the Design Committee on all permits authorized by this title shall be subject to public hearing in accordance with procedures established within State planning law.

Decisions of the Design Committee shall be final unless appealed to the City Council pursuant to Section 18.58.060. Any member of the City Council may also appeal decisions of the Design Committee within 10 days following the Design Committee decision.

For a requested density bonus.

Requested Incentives/Concessions. Incentives and concessions are those defined by State Density Bonus Law. The number of incentives or concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law Government Code Section 65915(d)(2)(A) , as it may be amended. The application shall include the following minimum information for each incentive or concession requested, shown on a site plan (if appropriate):

Requested Waivers. If waivers or reductions of development standards are requested, the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

Parking Reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by subsections (B) and (C) of this section. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

Density Bonus or Incentive For a Child Care Facility in a Housing Development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

Density Bonus or Incentive For a Condominium Conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

For development within the coastal zone, any requested density bonus, incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified City of Sand City Local Coastal Program, with the exception of density.

All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed by the City Manager, and acted upon concurrently with the planning application by the City Council, within the timelines prescribed by California Government Code Section 65950 et seq. or other applicable statute. Appeals related to administration of the subject ordinance shall be addressed in accordance with the requirements of Chapter 17.72 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, if applicable, the staff report presented to the decision- making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

An applicant shall be ineligible for a density bonus or any other incentives or concessions under California Government Code Section 65915(c)(3)(A) if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

The City Council shall grant a concession or incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

A request for minor modification of an approved density bonus housing plan may be granted by the City Manager if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this chapter, or the affordable housing agreement.

For rental projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

For for-sale projects, the applicant shall enter into an affordable housing agreement with the City, running with the land, in a form approved by the City Attorney to be executed by the City Manager, or their designee. The affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of very low, low, or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Government Code Section 65915(c)(2)(A)(ii), to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney, the City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing agreement shall require the continued affordability of the for-sale units for 15 years.

Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing agreement shall be binding on all future owners and successors in interest.

An agreement pursuant to this section shall be approved as to form and content by the City Attorney and shall be recorded against the housing development project prior to final map or parcel map approval, or, where a map is not being processed, prior to issuance of any building permit for the housing development.

The agreement shall include, but not be limited to, the following:

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in any geographic area of the housing development, including areas other than where the affordable units are located.

In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. The City Council may grant a density bonus greater than what is described in this Chapter and Government Code Section 65915 for a development that meets the requirements of this chapter.

Calculation of base units. Base density will be calculated as follows:

Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

The City, at its sole discretion, may grant a proportionately lower density bonus than what is required in the State Density Bonus Law for developments that do not provide a sufficient number of affordable units to be eligible for a density bonus pursuant to State Density Bonus Law.

The City Manager or designee shall have the authority to prepare, adopt and periodically update administrative guidelines consistent with this division and State Density Bonus Law.

Allowed Density Bonuses. A housing development that meets one of the eligibility levels as set forth in Government Code Section 65915(b) is entitled to a density bonus calculated as referenced in Government Code Section 65915(f).

Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.