Title 13 PLANNING AND ZONING REGULATIONS
Chapter 13.10 ZONING REGULATIONS
13.10.478 By-right development.
When required by State law, notwithstanding the requirements of the
residential uses chart in Section 13.10.322, in the event that the current
adopted Housing Element includes a program to rezone sites to appropriate
densities to address the inadequacy of suitably zones sites required to meet the
Regional Housing Need, those sites identified to fulfill that program shall be
developed by-right, in that the use and density for the site are not
discretionary. For these sites, following standards and alternative process
shall also apply:
(a) The developable acreage of the site will be determined
and the site will be assigned a number of units equivalent to 20 units per acre
at the time the site is designated under the Regional Housing Need
“R” Combining District.
(b) Environmental review, as required by
the California Environmental Quality Act, will be completed as part of the
process for rezoning of such sites into the Regional Housing Need
“R” Combining District. No further environmental review is necessary
except for development projects requiring a Coastal Permit or those requiring
approval of a tentative map (see 13.10.478(e)(1) and (e)(2) below).
(c) A
Planned Unit Development permit outlining site specific development standards
and any CEQA mitigation measures will be adopted, in accordance with Section
18.10.180 et seq., for each site at the time the site is
rezoned.
(d) Development proposals shall undergo a Design Review process and
public hearing limited to design issues only. No discretionary permit is
necessary for the density or use of the site. For development proposals under
these “by-right” provisions, applicants must apply for a Level VII
design review.
(e) If a Coastal Permit or tentative map approval is
required, they must be included in the application.
(1) Coastal Permit
Requirements. Where a site is located in the Coastal Zone and requires a Coastal
Permit for development, the provisions of Chapter 13.20 apply. Wherever
possible, the environmental review performed at the time the site was designated
under the Regional Housing Need “R” Combining District will be
utilized in the processing of the Coastal Permit.
(2) Subdivisions.
Development that includes approval of a Tentative Map is subject to the
provisions of the Subdivision Map Act and Chapter 14.01. Where a tentative map
is proposed, the public hearing may be expanded to address findings necessary
under the Subdivision Map Act. Wherever possible the environmental review
performed at the time the site was designated under the Regional Housing Need
“R” Combining District will be utilized in the processing of the
subdivision. (Ord. 4878 § 1 (part), 6/12/2007)
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