Atascadero City Zoning Code
CHAPTER 2
APPLICATIONS: CONTENT, PROCESSING AND TIME LIMITS
§ 9-2.101 Applications and procedures.
This chapter lists the approvals required by this title, describes how applications shall be processed by the Planning Department, and what information must be included with an application. This chapter also sets time limits for application processing, the establishment of approved land uses, commencement of construction and project completion. Chapter 9-3 of this title determines what entitlement is required within a given zoning district to enable establishment of a land use which is allowed by this title.
(Ord. 68 § 9-2.101, 1983)
§ 9-2.102 Determination of completeness.
Within the time periods specified by subsections (a) and (b) of this section, the Community Development Director or designee shall determine whether an application includes the information required by this chapter, and shall notify the applicant if the application is incomplete. The applicant shall be informed by a letter that the application is incomplete and that additional information, specified in the letter, must be provided to make the application complete.
(a)
Plot Plans. A plot plan application shall not be accepted for processing unless it is determined to be complete at the time of filing;
(b)
Precise Plans and Conditional Use Permits. The timeframe for determination of completeness shall be consistent with the State of California's Permit Streamlining Act. In the event that the Director or designee does not make such a determination, the application shall be considered complete and processing of the environmental document required by the California Environmental Quality Act (CEQA) shall commence.
When an applicant is notified that a submitted application is incomplete, the time used by the applicant for preparation and submittal of the required additional information shall not be considered part of the period within which the Director or designee must complete the determination of completeness. The time available to an applicant for preparation and submittal of additional information is limited by Section 9-2.121. |
(Ord. 68 § 9-2.102, 1983; Ord. 524 § 2, 2008)
§ 9-2.103 Waivers of content.
The Planning Director may find that unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for an application required by this title. In such cases, the Planning Director may waive or reduce the requirements if it is also found that the absence of such information will not reduce the ability of the Planning Director to evaluate the compliance of the proposed project with the standards of this title.
(Ord. 68 § 9-2.103, 1983)
§ 9-2.104 Review by other agencies.
Planning Department review of applications may include notification of the agencies listed below when required by this title or when otherwise deemed necessary by the Planning Director. The purpose of the notification is to inform interested agencies of proposed projects which may affect their jurisdictions so that such agencies may provide comments on project proposals.
(a)
Air Pollution Control District (APCD). To be notified of applications, except for single-family residences and business licenses, which propose to establish, construct, modify, alter or replace any article, machine equipment or continuance which involves combustion or use of hydrocarbons or other air contaminants;
(b)
City Engineering Department. To be notified of applications regarding matters of drainage, flood hazards, water and sewer facilities, public street access and improvements;
(c)
City Fire Department. To be notified of applications regarding matters of fire protection;
(d)
Regional Water Quality Control Board. To be notified of applications, except for single-family residences and business licenses, which may affect ground water quality because of proposed methods of disposal, large volumes of waste-water, or disturbance of natural soil contours.
(Ord. 68 § 9-2.104, 1983)
§ 9-2.105 Consolidated processing.
Whenever a proposed project involves multiple uses, project approval may be obtained by a single application for the highest entitlement level required for any of the individual uses. For example, a commercial center of several stores, proposed to contain a use requiring conditional use permit approval, and two uses requiring plot plan approval, may be authorized by a single conditional use permit.
(Ord. 68 § 9-2.105, 1983)
§ 9-2.106 Business license clearance.
(a)
Purpose of Review. The Planning Department reviews business license applications to verify compliance with City regulations, as required by Title 6 of this Code. These standards are applicable to business license applications that:
(b)
Standards for Business License Clearance.
(1)
New Licenses. Approval of new business license applications reviewed by the Planning Department shall satisfy the following criteria:
(i)
Use. The proposed use is allowed in the zoning district in which the use is to be located.
(ii)
Structure. The structure conforms to all applicable requirements of Title 8, as evidenced by a certificate of occupancy.
(iii)
Violation. The proposed site and any structures or land uses existing on the site shall not be in violation of any applicable provision of this title except for nonconforming uses pursuant to Chapter 9-7.
(2)
Reuse of Existing Structures. Approval of a business license application that proposes establishment of a different business in an existing building or structure shall be subject to the provisions of subsection (b)(1) of this section, and in addition shall be subject to the following:
(3)
New Uses. Approval of a business license for the first occupancy of a new building or structure shall require compliance with all provisions of this title.
(Ord. 68 § 9-2.106, 1983)
§ 9-2.107 Design Review Committee.
(a)
Purpose. The Design Review Committee is established to implement the goals and policies of the General Plan. The intent is to ensure that the physical design of new development meets the following objectives:
(1)
Maintaining the rural character and identity of Atascadero;
(2)
Enhancing the appearance and character of the City by reviewing the architecture and site plans for commercial, office, industrial, single-family residential subject to CEQA, and multifamily or mixed-use residential projects that are requesting a discretionary approval or exception;
(3)
Ensuring that development is compatible with surrounding uses and improvements by requiring building designs that provide appropriate visual appearance and site plans to mitigate neighborhood impacts.
(b)
Design Review Committee—Composition. The City Council shall appoint the Design Review Committee. The Design Review Committee shall consist of the following:
(c)
Terms of Service. The Design Review Committee members from the City Council and Planning Commission shall serve a two year term. This service term shall commence at the date of appointment. The at large member resident shall have a service term of two years. This term shall begin at the date of appointment by the City Council.
(d)
Authority. The Design Review Committee has the authority to approve and make recommendations to the review authority (Director, Planning Commission, or City Council, depending on the project) in regards to the architectural appearance, signage, site plan, and landscape plan of the following projects:
(1)
All multifamily residential and mixed-use projects that do not comply with Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards) or that require discretionary action;
(2)
All nonresidential projects, including commercial, office, and industrial, unless determined to be minor and incidental by the Community Development Director;
(3)
Public facility projects and buildings located in a highly visible area;
(4)
Development in an open space zoning district;
(5)
Development projects requiring a conditional use permit, zone change (including requests for a planned development overlay zone), or general plan amendment.
(e)
Meeting. The Design Review Committee shall convene as needed. This meeting shall be open to the public and consist of a quorum of the Committee, the Community Development Director or their designee, and pertinent City staff members.
(f)
Appearance Review Approval. The Design Review Committee shall take into consideration the following criteria in either approving or endorsing the design of a project, or making recommendations for projects that require Planning Commission and/or City Council approval. The Design Review Committee may require or recommend additional conditions of approval. The following is a list of criteria that the Design Review Committee shall take into consideration:
(1)
Project design consistency with the goals and policies established by the General Plan;
(2)
Project design consistency with the guidelines and standards for development set forth in the Atascadero Municipal Code and by the Appearance Review Manual;
(3)
Finding that the proposed development plan is compatible with, and is not detrimental to, surrounding land uses, and improvements provide appropriate visual appearance.
(g)
Determination.
(1)
The Community Development Director shall provide the applicant with correspondence regarding the outcome of the meeting, including any additional recommendations or conditions of approval that are required or recommended by the Committee.
(h)
Compliance. All requirements imposed by the Design Review Committee shall be incorporated into a building permit and completed prior to permit final, unless altered by the decision-making body. Failure to comply with the requirements of the Design Review Committee for projects over which they have approval authority constitutes a violation of this code.
(i)
Appeals. Appeals of final decisions from the Design Review Committee, where the committee acts as the decision-making body, shall be made to the Planning Commission and filed within 14 days of the Design Review Committee's decision. Any additional appeals shall be consistent with Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue, the Committee may refer this issue to the Planning Commission.
§ 9-2.108 Plot plan.
A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. Plot plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a building permit under Title 8 of this code, or the establishment of a land use which does not require a building permit, but is still subject to the standards of this title.
(a)
Plot Plan Application. Plot plan applications shall include the forms provided by the Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be neatly and accurately prepared and at a scale acceptable to the Planning Director which will enable ready identification and recognition of submitted information.
(b)
Plot Plan Content. Drawings filed with plot plan applications shall include the following, using multiple sheets if necessary:
(1)
Site Location and Dimensions. Location, exterior boundaries and dimensions of the entire property which is the subject of the application shall be depicted. The scale of the drawing and a north arrow shall be indicated. An area location map showing the proposed project site and its distance from nearby cross streets, and natural or man-made landmarks, as necessary to readily locate the site, may be included.
(2)
Street Improvements. The location, name, width, and pavement type of adjacent street(s) or alleys as well as the location of existing or proposed curbs, gutter or sidewalk improvements, if any, shall be indicated.
(3)
Buildings and Structures. The location, dimensions, and use of all existing and proposed structures on the property, including accessory structures, decks, balconies, fences, walls and other structural elements that protrude into yard areas shall be indicated. When the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the Uniform Building Code may be substituted for use. The height of buildings and structures and elevations (relative height) of the finish floor to the edge of the pavement or road at the driveway entrance shall be shown.
(4)
Utilities. The location, dimensions and type of utilities proposed including water supply, sewage disposal facilities, electricity, gas or similar shall be shown.
(5)
On-Site Improvements. The location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, and identification of any driveway grades over 12% shall be made. The location and dimensions of areas proposed for grading and landscaping shall also be indicated.
(6)
Landforms. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas shall be shown.
(7)
Additional Information. Shall be included with plot plan applications in the following specific cases:
(iii)
Sign Information. When any use is proposed to have signs, a description of their location, size, design and copy shall be provided;
(iv)
Trees. Applications shall show the location of trees existing on the site in or within 50 feet of the area proposed for grading or other construction, which are eight inches or larger in diameter at four feet above natural grade. Trees proposed to be removed shall be specifically identified. Any tree removal is subject to the requirements of Chapter 9-11.
(c)
Plot Plan Review and Approval. The Planning Director shall approve a plot plan application when the proposed project or use satisfies all applicable provisions of this title.
(Ord. 68 § 9-2.107, 1983; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017)
§ 9-2.109 Precise plan.
(a)
Purpose and Applicability. Precise plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. Precise Plans are required for the following projects:
(1)
Hillsides. Grading and/or construction in a hillside area that does not comply with Section 9-4.157 (Hillside Development Standards);
(2)
Watercourse-Adjacent. Development or placement of items in a watercourse-adjacent or wetland-adjacent area that does not comply with Section 9-4.175 and/or that the Community Development Director has determined has the potential to adversely affect watercourse or wetland resources (see Sections 9-4.170 through 9-4.175 [Watercourse-Adjacency Standards]);
(3)
Historic Resources. Alterations to historic resources on the Historic Resources List that do not meet the Secretary of the Interior's Standards for the Treatment of Historic Properties applicable to the particular historic resource, and/or any alterations to historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources (see Sections 9-4.163 through 9-4.169 [Historic Resources]);
(4)
Archaeologically Sensitive Areas. Projects within archaeologically sensitive areas as documented on maps on file in the Planning Department where a Phase I archaeological study concludes that there is the potential to adversely affect archaeological resources pursuant to the California Environmental Quality Act (see Section 9-4.162 [Archaeological Resources]); and When a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Community Development Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines.
(b)
Precise Plan Applications. Precise plan applications shall include, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy.
(c)
Review and Approval.
(1)
Review Authority.
(i)
Community Development Director. The authority to take final action on a Precise Plan application as set forth in this subsection is assigned to the Community Development Director.
(ii)
Elevate Review. The Community Development Director may refer project applications to the Planning Commission if it appears that such referral is necessary based on unique characteristics of a project or the need for additional community input and/or other reasons needed to accomplish the purposes of this title.
(2)
Public Notice. At a minimum, public notice shall be mailed to every property owner adjacent to the exterior boundaries of the project site. The notice may be combined with the required CEQA notice and shall include information about the proposed project and provide an opportunity to provide comments within the stated review period.
(3)
Effective Date of Approval. The approval shall become effective for the purpose of issuance of a building or grading permit, or establishment of a use not involving construction, 14 days after approval, unless an appeal is filed with the Planning Department as set forth in subsection (d) of this section.
(d)
Findings. The following findings are required for approval of a Precise Plan:
(1)
General.
(i)
Consistency. The proposed project is consistent with the General Plan and any applicable specific plan; and complies with all other applicable provisions of the Zoning Code and the Municipal Code;
(ii)
Compatibility. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; and
(iii)
Health and Safety. The proposed project will not be detrimental to the public health, safety, or welfare, or be injurious to property or other improvements in the vicinity.
(2)
Hillsides. If located in a hillside area as defined in Section 9-4.154:
(i)
The project design and site layout retains and utilizes natural contours of the site to the extent feasible;
(ii)
Unavoidable grading complements natural landforms to the extent feasible;
(iii)
The healthy, native tree canopy has been retained to the extent feasible; and
(iv)
Mass grading of large pads and excessive terracing has been avoided in residential zones and minimized in commercial and industrial zones.
(3)
Watercourse and Wetland Buffers. If located within a watercourse-adjacent or wetland-adjacent area as defined in Section 9-4.171(a):
(i)
The location and design of the feature within the watercourse or wetland buffer, or other measures incorporated into the project, minimize adverse effects to scenic resources, water quality, and riparian habitat;
(ii)
The feature will not impact the floodway or the flood zone in a way that would create negative impacts to downstream properties; and
(iii)
The feature will not prevent the implementation of City-adopted plans.
(4)
Historic Resources.
(i)
If altering an historic resource on the Historic Resource List (Section 9-4.166):
a.
The proposed alteration will not substantially diminish, eliminate, or adversely affect the character, character-defining features, or historic integrity of the historic resource, either due to the nature of the alteration or because mitigation measures incorporated into the project will reduce adverse effects; or
b.
There is sufficient evidence, including evidence provided by the applicant, that denial of the proposed alteration or relocation would cause an immediate hardship because of conditions unique to the specific property.
(ii)
If relocating an historic resource on the Historic Resource List:
a.
Relocation of the historic resource is feasible from a technical, mechanical, and structural standpoint considering the historic resource's condition, and will not result in significant damage to the structure's historic integrity; and
b.
Relocation of the historic resource will not result in significant adverse effects to its historic integrity as a result of a change in its location, generally maintaining or enhancing the setting.
(iii)
If demolishing an historic resource on the Historic Resource list, any one of the following:
a.
The potential negative effects of the action are outweighed by the benefits of the associated replacement project, as applicable; and
b.
Alteration and/or relocation is infeasible from a technical, mechanical, or structural standpoint considering the historic resource's condition or location; and/or
c.
The demolition is necessary to protect or promote the health, safety, or welfare of the City residents, including the need to eliminate blight or nuisance, or correct an unsafe or dangerous condition of the property.
(5)
Archaeologically Sensitive Areas. If located within an area documented on maps on file in the Planning Department as an archaeologically sensitive area:
(Ord. 678, 12/10/2024)
§ 9-2.110 Conditional use permit.
(a)
The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include:
(1)
Uses that are shown as conditional uses in a particular zoning district; or
(2)
Multifamily and mixed-use residential developments, even if such a development is listed as an allowed use in a particular zoning district, if the proposed development is not compliant with Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards), and/or if the project includes 50 or more dwelling units.
(3)
Nonresidential development containing 50,000 square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or
(4)
Outdoor commercial and industrial sales and storage developments as defined by Section 9- 9.102 of 10,000 square feet or more, even if such a development is listed as an allowable use in a particular zoning district.
(b)
Because of the intensity or specific characteristics of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The conditional use permit is a discretionary approval and the Planning Commission may approve or disapprove a conditional use permit or may adopt additional conditions of approval. Conditional use permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this title. When conditional use permit approval is required, preparation and processing of the application shall be as follows:
(1)
Conditional Use Permit Content. Applications shall be made to the Community Development Department in the form prescribed by the Community Development Director or their designee, including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy.
(2)
Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal), and unless combined with other applications requiring City Council approval.
(i)
Conditions of Approval. After the conclusion of a public hearing, the Planning Commission may approve, conditionally approve, or disapprove the conditional use permit. In conditionally approving a conditional use permit, the Planning Commission shall designate such conditions to satisfy any requirements of CEQA, and to:
(ii)
Additional Conditions. In addition to the conditions of subsection (b)(3)(i) of this section, the Planning Commission may adopt other conditions, including, but not limited to:
a.
Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121;
b.
Requiring installation of specific on-site or off-site improvements;
c.
Requiring periodic review or limiting the permit to a specified period of time;
d.
Requiring that the permit be personal to the applicant or be applicable to the property;
e.
Any other conditions as are judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community.
(iii)
Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9-8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval.
(iv)
Required Findings. The following findings must be made to approve a Conditional Use Permit:
a.
The proposed project or use is consistent with the General Plan; and
b.
The proposed project or use satisfies all applicable provisions of this title; and
c.
The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and
d.
The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and
e.
The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and
f.
The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and
g.
Any additional findings deemed necessary or listed within specific code sections.
h.
For a project that is defined as a "Housing Development Project" by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), the reviewing body must approve or conditionally approve the project unless it makes one of the following findings supported by a preponderance of the evidence in the record:
1.
The project does not comply with all applicable objective General Plan, Zoning Regulations, Subdivision, and development standards including objective design review standards.
2.
The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density. As used in this section, a "specific, adverse impact" is defined by California Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
3.
Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use 14 days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b).
4.
Types of Conditional Use Permits. The City has established three levels of use permit review related to project scale: Minor, Standard, and Major, with fees established for each by resolution of the City Council. Each type of conditional use permit shall follow the review process outlined in this Subsection 9-2.110(b).
(Ord. 68 § 9-2.109, 1983; Ord. 149 § 2, 1987; Ord. 170 § 2, Exh. A, 1988; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)
§ 9-2.111 Approved plans.
A land use or development project authorized through a zoning approval shall be developed or established only as shown on the project plans approved as part of the application. Deviation of the project design or construction from the approved plans may occur only as follows:
(a)
Except as provided by subsection (b) of this section, a feature of the use or project which is subject to the standards of Chapters 9-4 and 9-6 may be modified provided that the change requested is in conformity with the standards of this title. Such change shall be requested in writing with appropriate supporting materials and explanation of the reasons for the request. The Planning Director may approve a requested change upon verification of its conformity with this title, provided that such approval shall not modify the effective date of the approval (Section 9-2.112).
(b)
In the case of a project feature which is subject to conditions of approval of a conditional use permit, or was a specific consideration in the approval of a conditional use permit, a new conditional use permit approval shall be obtained.
(Ord. 68 § 9-2.112, 1983; Ord. 552 § 2, 2010)
§ 9-2.112 Permit time limits.
(a)
An approved plot plan is valid for the time limits established by Title 8 governing building permits. An approved precise plan or conditional use permit, when not part of a planned development with an approved corresponding tentative map, is valid for 24 months after its effective date, unless otherwise provided by adopted conditions. At the end of the 24 months the approval shall expire and become null and void unless:
(b)
If a conditional use permit has been approved as part of a planned development with a corresponding tentative map, the life of the conditional use permit shall run with the map and shall only expire if the map expires. Time extensions for the map shall also extend the time of the corresponding conditional use permit. Conditional use permits which correspond with a tentative map shall remain active and shall not expire once the map is recorded. This provision shall apply retroactively and, as a result, any conditional use permit which expired prior to the effective date of the ordinance codified in this section, but which was approved as part of a planned development with a corresponding tentative map that is still active, shall no longer be considered expired but shall instead be deemed active and subject to expiration only if and when the corresponding map expires without having been recorded.
(c)
Endorsement or approval by the Design Review Committee shall be valid for a period of 12 months, unless otherwise provided by adopted conditions. At the end of the 12 months, the endorsement/approval shall expire and become null and void unless:
(1)
A complete construction permit for the majority of the development has been applied for and has not expired;
(3)
An extension has been granted consistent with the following:
(i)
The Planning Director may grant two six month extensions. Additional exceptions may be granted by the Design Review Committee.
(ii)
An extension shall be requested in writing on or before the date of expiration of the approval/endorsement.
(iii)
The following findings shall be made to grant an extension:
a.
There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval/endorsement of the project; and
b.
There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project.
(d)
Nothing in this title shall be construed as affecting any time limits established by Title 8 of this code regarding work authorized by a building permit or other construction permit issued pursuant to Title 8, or time limits relating to the expiration of such permit.
(Ord. 68 § 9-2.113, 1983; Ord. 524 § 2, 2008; Ord. 547 §2, 2009; Ord. 552 § 2, 2010; Ord. 646 § 11, 2021)
§ 9-2.113 Substantial site work defined.
When all required construction permits have been obtained and construction has begun, substantial site work toward establishing the authorized use shall be deemed to have been performed and project construction may be completed subject to Section 9-2.118 when:
(a)
Projects Involving the Construction of Buildings. Site work has progressed beyond grading and completion of structural foundations and construction is occurring above grade within 12 months of the effective date of the zoning approval or date of approval of an extension of zoning approval, and construction continues with reasonable progress and no interruption greater than 180 consecutive days, provided that:
(1)
Single Construction Period Projects. When no extended project phasing schedule has been authorized substantial work shall be performed for all proposed buildings;
(2)
Phased Projects. Where a project phasing schedule has been approved, construction permits shall be obtained and substantial work shall be performed on at least one approved building.
(Ord. 68 § 9-2.114, 1983; Ord. 552 § 2, 2010)
§ 9-2.114 Project completion.
A development project is considered completed when:
(a)
A certificate of occupancy has been issued by the Building Official verifying that all structures, site improvements and/or off-site work has been completed and any bonds (Section 9-2.121) guaranteeing site improvements have been released;
(b)
When the Planning Director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in accordance with all applicable provisions of this title and any adopted conditions.
(Ord. 68 § 9-2.115, 1983; Ord. 552 § 2, 2010)
§ 9-2.115 Occupancy or use of partially completed projects.
Multiple building projects (including but not limited to apartment or office complexes and shopping centers) may be granted certificates of occupancy for individual completed buildings in advance of completion of the entire project when:
(b)
The Planning Director determines that the completed structures are capable of functioning independently from structures remaining to be completed;
(c)
Occupancy of individual structures will not inhibit the completion of the total project;
(d)
Partial occupancy during completion will not have a potential adverse effect on persons in the area or nearby properties; and
(Ord. 68 § 9-2.116, 1983; Ord. 552 § 2, 2010)
§ 9-2.116 Occupancy with incomplete site improvements.
In the case of projects where all structures are complete, but improvements required by this title or adopted conditions (including, but not limited to, landscaping, curb and gutter, paving, etc.) are not complete, a certificate of occupancy may be issued, provided that:
(b)
The Planning Director determines that such buildings can function safely in advance of the completion of the lacking site improvements; and
(Ord. 68 § 9-2.117, 1983; Ord. 552 § 2, 2010)
§ 9-2.117 Extension of entitlement.
(a)
Initial Extension. The Planning Director may grant a one year extension to the time limit for any entitlement (Section 9-2.112). Such extension shall be requested in writing on or before the date of expiration of the entitlement. The Planning Director shall grant an extension only after finding that:
(1)
There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and
(2)
There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project.
Disapproval of a requested extension by the Planning Director may be appealed to the Planning Commission as set forth in Section 9-1.111(a). |
(b)
Continuing Extensions. The Planning Commission may grant additional extensions after an initial extension, provided that each such extension shall not exceed one year. Continuing extension may be granted when the applicant has filed a written request with the Planning Department on or before the date of expiration of the initial extension, and provided that the Planning Commission makes the following findings:
(1)
That substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant; and
(2)
The findings specified in Section 9-2.117(a).
(Ord. 68 § 9-2.118, 1983; Ord. 552 § 2, 2010)
§ 9-2.118 Lapse of entitlement.
In the event that any of the circumstances listed in this section occur, an entitlement shall be deemed to have lapsed. No use of land or structure, the entitlement for which has lapsed pursuant to this section, shall be reactivated, reestablished, or used unless a new entitlement is first obtained.
(a)
Completed Projects. When a project has been completed or an authorized use not involving construction has been established (Section 9-2.114), the entitlement which authorized the project shall retain valid and in force, including any conditions of approval adopted in connection therewith, unless:
(1)
An approved use or structure authorized through plot plan approval is removed from the site, and the site remains vacant for a period exceeding six consecutive months, in which case the plot plan approval shall lapse;
(2)
The circumstance described in subsection (b) of this section occurs, in which case conditional use permit approval shall lapse;
(3)
A use or structure authorized through precise plan or conditional use permit approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 24 consecutive months; or
(b)
Condition Declared Void. The conditional use permit shall cease to be valid in the event that a judgment of a court of competent jurisdiction declares one or more of the conditions of a conditional use permit approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.
(Ord. 68 § 9-2.119, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
§ 9-2.119 Applications deemed approved.
Any conditional use permit application which is automatically approved, pursuant to Section 65956 of the Government Code, shall be subject to all applicable provisions of this title, which provisions must be satisfied by the applicant prior to any construction permit being issued.
(Ord. 68 § 9-2.120, 1983; Ord. 552 § 2, 2010)
§ 9-2.120 Applications deemed withdrawn.
(a)
Any application received and processed shall be deemed withdrawn if it has been held in abeyance or continuance, awaiting the submittal of additional required information by the applicant, and if the applicant has not submitted such information within 12 months of the last written notification to the applicant requesting additional information in advance of either a decision to accept the application for processing or review by the Planning Commission or City Council, to which the applicant has not responded.
(b)
When an application is deemed withdrawn, or has been withdrawn by the applicant, the Community Development Director or designee shall return the entire application package to the applicant, including accompanying information and any portion of the filing fee not used in processing up to the point of withdrawal. The return application shall also be accompanied by a letter explaining the requirements for refiling. A withdrawn application may be refiled at any time, provided that it shall be received and processed as a new application.
(Ord. 68 § 9-2.121, 1983; Ord. 524 § 2, 2008; Ord. 552 § 2, 2010)
§ 9-2.121 Guarantees of performance.
When required by the provisions of this title, or by condition of approval of a conditional use permit, appropriate security or guarantees shall be provided by the applicant as set forth in this section. A bond, cash deposit or other acceptable security is used to guarantee the proper completion of required improvements, drainage facilities, grading, revegetation, site restoration after use, reclamation and/or the removal of structures, equipment or other materials, preservation of certain site features, or compliance with other provisions of this title or adopted conditions of approval. The Planning Director may determine that a project is not eligible to provide a bond, cash deposit, or similar security to guarantee the completion of uncompleted work if such work is minor in nature, can be reasonably completed in a short time, or is otherwise inappropriate for such performance guarantees. The guarantee shall be a bond, cash deposit or other acceptable security unless otherwise provided in Chapter 9-6. The use of the terms bond, cash deposit, guarantee and security in this section shall all mean guarantees of performance.
(a)
Posting. The guarantee is to be posted with the Planning Department, with the City named as beneficiary.
(b)
Form of Bond. A surety bond or other guarantee shall be in a form approved by the City Attorney, including default provisions, and shall provide that, in the event suit is brought upon the bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the court.
(c)
Amount of Bond. The guarantee is to be of an amount established by the Planning Director equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval; provided, however, that where a guarantee is required by conditional use permit condition of approval to preserve identified site features, the guarantee is to be in such amount as the Planning Commission deems necessary to assure compliance with the applicable condition.
(d)
Release of Bond. At the request of an applicant, or before the expiration of a bond or guarantee, the Planning Director will review the project and issue a completion statement if all provisions of this title and conditions of approval have been met. Upon issuance of the completion statement, the guarantee bond or cash deposit will be released. If the Planning Director determines that the project does not meet the applicable requirements, the applicant shall be notified in writing of such deficiencies. A time period for their correction shall be mutually agreed upon by the applicant and the Planning Director, with the security being held until all such requirements are satisfied. Where no agreement is reached following written notification by the Planning Director, or where an agreed time period for completion is exceeded, the bond shall be called.
(Ord. 68 § 9-2.122, 1983; Ord. 552 § 2, 2010)
§ 9-2.122 Housing Accountability Act streamlined review.
Projects defined as "housing development projects" by Government Code Section 65589.5(h)(2) are subject to unique regulations, including review timeframes, a limit on the number of public meetings, and specific findings in case of denial or a reduction in density. If conflicts occur between other procedures in Title 9 and the procedures of Government Code Section 65589.5(h)(2), Government Code Section 65589.5(h)(2), as it may be amended from time to time, control.
(Ord. 671, 6/25/2024)