Article I Development Code Applicability

Transcription

1 Article I Development Code Applicability States the purpose, authority, applicability, and rules for interpretation of the zoning regulations. Adopts the Zoning map and includes a matrix showing the relationship between each zoning district and the corresponding General Plan classification. Division 1. Title, Purpose, Applicability, and Interpretation Title and Authority Purpose Applicability General Plan Consistency Rules Interpretation Severability RESERVED Division 2. Zoning Districts and Zoning Map Purpose Zoning Map and Districts Zoning Boundaries Lots Divided by District Boundaries General Authority RESERVED 1

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3 Article II Zoning Districts Uses and Standards Contains the specific requirements for each zoning district, organized by type of land use (Residential, Commercial, Downtown, Business Park/Industrial, Public/Quasi-Public, and Community Land Districts). Each division contains two multi-part tables: the first identifies the uses allowed in each district and the type of permit required for each use; the second contains development standards particular to each group of districts, including minimum lot sizes and dimensions; maximum setbacks, building height and lot coverage; minimum and maximum floor area ratios; and densities (as applicable). The proposed zoning districts are consistent with the densities/intensities adopted through the 2030 Concord General Plan. Division 1. Development and Land Use Approval Requirements Purpose General Requirements for Development and Use Allowable Land Uses and Permit Requirements Planned District/Zoning District (PD) Exemptions from Planning Permit Requirements Prohibited Uses Temporary Uses RESERVED Division 2. Residential Districts (RR, RS, RL, RM, and RH) Purpose Table Residential Districts - Allowed Uses and Permit Requirements Table RR & RS Districts - Development Standards Table RL, RM, and RH Districts - Development Standards RESERVED Division 3. North Todos Santos District (NTS) Purpose Table North Todos Santos District - Allowed Uses and Permit Requirements Table North Todos Santos District Floor Area Ratio and Development Standards Building Conversions Building Expansion North Todos Santos Design Guidelines Parking & Drive Aisle Standards Findings RESERVED 3

4 Article II - Zoning Districts Uses and Standards (Contd.) Division 4. Office and Commercial Districts (CO, CMX, NC, RC, and SC) Purpose Table Office and Commercial Districts - Allowed Uses and Permit Requirements Table Office and Commercial Districts - Development Standards RESERVED Division 5. Downtown Districts (DP, DMX, and WMX) Purpose Table Downtown Districts - Allowed Uses and Permit Requirements Table Downtown Districts - Development Standards RESERVED Division 6. Business Park and Industrial Districts (OBP, IBP, IMX, and HI) Purpose Table Business Park and Industrial Districts - Allowed Uses and Permit Requirements Table Business Park and Industrial Districts - Development Standards RESERVED Division 7. Public/Quasi-Public Districts (PQP) Purpose Table Public/Quasi-Public District - Allowed Uses and Permit Requirements Public/Quasi-Public Districts- Development Standards RESERVED Division 8. Community Land Districts (OS, PR, RLC, and WRC) Purpose Table Community Land Districts - Allowed Uses and Permit Requirements Community Land Districts - Development Standards RESERVED Division 9. Study District (S) Purpose Applicability Study District No Approvals or Issuance of Permits RESERVED 4

5 Article III Overlay Zoning Districts Establishes an Airport (A) Overlay District to reflect airport safety and noise concerns and a Transit Station (TS) Overlay District to capitalize on development opportunities near BART. Division 1. Airport Overlay District (-A) Purpose Applicability ALUC Review Required Development Standards Non-Conforming Uses RESERVED Division 2. Transit Station Overlay District (-TS) Purpose Applicability Land Use Regulations Development Standards RESERVED 5

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7 Article IV Development Standards Establishes citywide development standards for small lot and medium density residential development, parking, loading, signs, landscaping, water efficiency, stormwater management, and affordable housing. Also includes general development standards for decks, fences, walls, onsite open space, outdoor lighting, outdoor storage, solid waste collection, recycling areas, swimming pools, and spas. Describes various aspects of the development process, including procedures for measuring heights and setbacks, provisions for grading, relocating buildings, screening, performance standards, and transitional requirements. Division 1. General Development Standards Purpose Applicability Exclusion of Rights-of-Way Fences and Walls Frontage Improvements Grading Height Limits & Exceptions Mechanical Equipment Screening Moving and Relocation of Buildings Open Space and Recreational Facilities for Residential Development Outdoor Lighting Outdoor Storage Performance Standards Setbacks Solid Waste and Recycling Storage Swimming Pools, Hot Tubs, and Spas Traffic Visibility at Intersections and Driveways Transitional Requirements RESERVED Division 2. Standards for Small Lot and Medium Density Development Purpose Applicability Use Permit Required Lot Sizes and Dimensions Standards Applicable to Small Lot Single Family Detached and Attached Housing Development Design Criteria for Small Lot Single Family Subdivisions Design Criteria for Townhome Development Special Criteria for Courtyard Home Development RESERVED 7

8 Article IV - Development Standards (Contd.) Division 3. Parking, Loading, and Access Purpose Applicability General Requirements Parking Requirements Adjustments to Parking Requirements Parking Requirements in the DP and DMX Districts Accessible Parking Requirements Garage and Carport Design and Location Requirements Parking Design Standards Additional Standards for Driveway Access, Easements, Curb Cuts, Parking Lots, And Structures Driveways and Site Access Bicycle Parking Motorcycle Parking Structured Parking Off-Street Loading Area Requirements Parking and Storage of Recreational Vehicles RESERVED Division 4. Landscaping Purpose Applicability Landscape Plan and Irrigation Plans Landscape Location Requirements Landscape Requirements Parking Lot Landscaping Landscaping Standards Maintenance of Landscape Areas RESERVED Division 5. Water Efficient Landscaping Purpose Applicability Exempt Projects Landscape Project Application (LPA) Water Efficient Landscape Standards Water Efficient Landscape Plans Landscape Water Audits Certifications Landscape and Irrigation Maintenance Standards Stormwater Management Water Efficiency Practices for Existing Landscapes RESERVED 8

9 Article IV - Development Standards (Contd.) Division 6. Stormwater Management Stormwater Management RESERVED Division 7. Signs Purpose Applicability Building Permit and Sign Plan or Master Sign Program Required Review Authority Sign Plans Master Sign Programs Exempt Signs Prohibited Signs General Requirements for All Permanent Signs Sign Regulations by Zoning District Sign Regulations for Specific Uses Standards for Specific Sign Types Temporary Signs Design Standards for Signs Non-conforming and Abandoned Signs Violations and Penalties RESERVED Division 8 Affordable Housing Purpose Applicability Review Authority Inclusionary Housing Requirements Density Bonus Program Affordable Housing Incentive Program Affordable Housing Agreements Application Requirements and Review Duration of Affordability Compliance Monitoring Fees RESERVED 9

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11 Article V Standards for Specific Uses Contains standards for specific uses that are permitted by the zoning ordinance. Many of these standards exist in the current zoning ordinance or other chapters of the Concord Municipal Code, such as standards for home-based businesses, secondary living units, adult-oriented businesses, child day care, sidewalk cafes, recycling facilities, and wireless communication facilities. Division 1. Standards for Specific Uses Purpose Applicability Accessory Structures Alcoholic Beverage Sales Child Day Care Facilities Drive-Through Facilities Emergency and Homeless Shelters Entertainment Uses Gas Stations & Car Washes Home-Based Businesses Live/Work, Work/Live Units Manufactured Homes Mechanical and Electronic Games Mixed-Use Projects Mobile Home Parks Outdoor Sales and Displays Recycling Facilities Secondary Living Units Sidewalk Cafes and Outdoor Eating Areas Temporary Uses and Structures RESERVED Division 2. Wireless Communication Facilities Purpose Applicability Amateur Radio Antennas and Other Exempt Facilities Permit Requirements Supplemental Submittal Requirements Peer Review Collocation Facilities Location General Requirements Design Standards Exception to Requirements Findings Minor Changes to Wireless Communication Facilities Abandonment Procedure RESERVED 11

12 Article V - Standards for Specific Uses (Contd.) Division 3. Adult Oriented Businesses Purpose and Intent Applicability Separation Requirements Operational Requirements Permit Requirements Application Review Findings for Denial Inspection of Premises Suspension of Permit Revocation of Permit Appeals and Judicial Review Transfer of Permit Expiration of Permit Penalties Discontinuance of Non-Conforming Activities Annual Fee RESERVED 12

13 Article VI Resource Management Establishes provisions for hillside development, protection of mature trees, water conservation in landscaping, and creek and riparian habitat protection. Division 1. Hillside Protection Purpose Applicability Density and Intensity Criteria Hillside Development Permit Development Standards Soils Report and Peer Review Design Criteria Application, Review Authority, Review, and Hearing Findings RESERVED Division 2. Creek and Riparian Habitat Protection Purpose Applicability Hydrologic Study Development Standards Application, Review, and Hearing Property Maintenance Agreements RESERVED Division 3. Tree Preservation and Protection Purpose Applicability Application Arborist Report General Requirements FOR THE Tree Protection Zone (TPZ) Replacement Trees Decision Conditions of Approval RESERVED 13

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15 Article VII Permits and Permit Procedures Sets the authority for all levels of development project and land use approvals, specifically administrative approval, or review and approval by the Design Review Board, Zoning Administrator, Planning Commission, and/or City Council. The article also establishes the review process for each development/land use permit type, such as Administrative Permits, Minor Use Permits (formerly Zoning Administrator Permits), Use Permits, Rezoning, and Historical Permits. Division 1. Authority for Land Use and Zoning Decisions Purpose Authority for Land Use & Zoning Decisions RESERVED Division 2. Permit Application Filing and Processing Purpose Multiple Permit Applications Application Preliminary Application Application Review Neighborhood Meeting Environmental Review Revised Materials Evaluation and Staff Report RESERVED Division 3. Zoning Clearance Purpose Applicability Review & Decision RESERVED Division 4. Design and Site Review Purpose Applicability Exemptions Review Authority Application Design Review Board Scope Design Criteria Review and Decision Findings Post Decision Procedures RESERVED 15

16 Article VII - Permits and Permit Procedures (Contd.) Division 5. Administrative Permits Purpose Applicability Review Authority Application Review and Decision Post Decision Procedures RESERVED Division 6. Minor Exceptions Purpose Applicability Review Authority Application Review, Notice, Hearing Findings and Decision Reasonable Accommodations Findings Decision Post Decision Procedures RESERVED Division 7. Variances Purpose Applicability Review Authority Application Review, Notice, Hearing Findings and Decision Post Decision Procedures RESERVED Division 8. Minor Use Permits and Use Permits Purpose Applicability Review Authority Application Review, Notice, Hearing Findings and Decision Post Decision Procedures RESERVED 16

17 Article VII - Permits and Permit Procedures (Contd.) Division 9. Planned Development Use Permit Purpose Applicability Review Authority Application Review, Notice, Hearing Design Criteria Findings and Decision Post Decision Procedures RESERVED Division 10. Hillside Development Use Permit Purpose Applicability Hillside Development Use Permit Application Review Authority Review, Notice, Hearing Findings Post Decision Procedures RESERVED Division 11. Historic Preservation Purpose Applicability and Authority Designation of City Landmark or Historic Districts Notice of Nomination Application Nomination with Request to Alter a Potential Landmark Review, Hearing, and Decision Changes to Historically Significant Resources, Designated Landmarks, and Historic Districts Findings Building Code Exemptions Plan Review Duty to Maintain and Repair Termination of Designation Environmental Review Post Decision Procedures RESERVED 17

18 Article VII - Permits and Permit Procedures (Contd.) Division 12. General Plan, Specific Plans, Development Code,.. 47 and Zoning Map Amendments Purpose and Applicability Initiation of Amendment Application Review, Notice, and Hearing Planning Commission Action City Council Action Findings Refilling a Rezoning Application Post Decision Procedures RESERVED Division 13. Development Agreements Purpose and Applicability Parties to Agreement Application Review, Notice, and Hearing Planning Commission Action City Council Action Amendment or Cancellation Recordation Periodic Review Modification or Termination Enforcement RESERVED 18

19 Article VIII Administration Contains provisions for public hearings, public notification, appeals, term of permits, permit extensions, provisions for non-conforming uses and properties, and development agreements. Division 1. Public Hearings Purpose Notice of Public Hearing Scheduling of Public Hearing Exception to Required Public Hearing Hearing Procedures Review Authority, Decision, and Findings Recommendation by Planning Commission Effective Date of Decision RESERVED Division 2. Permit Implementation, Time Limits, Extensions and Amendments Purpose Time Limits and Extensions Modification of Approval Re-Submittals Permit to Run with the Land RESERVED Division 3. Appeals and Calls for Review Purpose Right of Appeal Time Limits for Appeals and Calls for Review Initiation of Appeals and Calls for Review Procedures for Appeals and Calls for Review Effective Dates New Appeal RESERVED Division 4. Environmental Review Environmental Review RESERVED 19

20 Article VIII Administration (Contd.) Division 5 Performance Guarantees and Property Maintenance Purpose Performance Guarantees Property Maintenance Requirements RESERVED Division 6. Covenants of Easements Applicability Form of Covenant Recordation Effect of Covenant Enforceability of Covenant Release of Covenant Fees RESERVED Division 7 Non-conforming Uses, Structures, and Parcels Purpose Applicability Non-conforming Uses and Non-conforming Structures Loss of Non-conforming Status Non-conforming Parcels Exemptions Nuisance Abatement and Enforcement RESERVED Division 8. Non-conforming Physical Improvements/Property Upgrades Purpose Applicability Non-conforming Physical Improvements RESERVED 20

21 Article VIII Administration (Contd.) Division 9. Enforcement Purpose Enforcement Responsibilities Nuisance Defined Responsibility to Investigate Violations of this Ordinance Penalties Remedies Revocation of Permits Nuisance Abatement Limitation of Actions Recording a Notice of Violation Stop Orders RESERVED 21

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23 Article IX General Terms Defines the land use classifications in Article II, and includes definitions of key terms used throughout the Development Code Division 1. Use Classifications Purpose and Applicability Use Classifications RESERVED Division 2. Definitions Definitions 23

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