This chapter contains the procedures and regulatory provisions necessary to administer this Development Code in order to provide for land use consistency with the general plan, regulate uses which have the potential to adversely affect surrounding properties, promote an attractive, livable and economically viable community, and provide flexibility in standards and requirements when special circumstances exist.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The land use applications set forth in this chapter shall be reviewed and approved in accordance with the following basic procedures, and with the applicable provisions of this chapter for each type of application:

1.

Public hearing by the city council and/or planning commission, in which the reviewing authority invites public testimony for and against the land use proposal, reviews evidence and renders its decision; or

2.

Administrative review, used when land use decisions are made based upon standards that have been adopted by the city as law or policy. The reviewing authority shall be the city planner, or his or her designee. The reviewing authority may render a land use decision without giving notice to surrounding property owners and other parties. However, where deemed necessary, the reviewing authority may require that notice be provided to contiguous property owners pursuant to Section 17.03.030.B.

B.

Review procedures for each application type are specified in Sections 17.03.150 through 17.03.320 of this chapter.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

General Provisions.

1.

When a provision of this title or other applicable ordinance of the City of Big Bear Lake or state law requires notice to the public of a proposed land use decision, notice shall be provided pursuant to this section. Notice may be given in such other manner as is required by state law or deemed necessary or desirable by the city planner.

2.

Notice shall be given by first class mail to any person who has filed a written request for such notice.

3.

Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, pursuant to state law.

4.

"Surrounding property," for the purposes of this section, shall be defined as those properties that fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:

a.

If the subject property is five acres or less in size, all properties within three hundred (300) foot radius shall be notified;

b.

If the subject property is greater than five acres but ten (10) or less acres in size, all properties within a five hundred (500) foot radius shall be notified;

c.

If the subject property is greater than ten (10) acres in size, all properties within a seven hundred (700) foot radius shall be notified;

d.

The city planner may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.

5.

"Contiguous property," for the purpose of this section, shall be defined as those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way and easements.

6.

A one-eighth page display advertisement in a newspaper of general circulation within the city may be substituted for individual property owner notice, whenever the individual notice would require notification of one thousand (1,000) or more property owners.

B.

Public Hearing Notification.

1.

At least ten (10) days before the required public hearing on a land use decision, the city planner shall cause notice of the time and place of the public hearing on the project to be given pursuant to this section.

2.

Notice shall be published once in a newspaper of general circulation within the city for land use approvals requiring a public hearing, if such a newspaper has been legally adjudicated for this purpose.

3.

Notice shall be posted at least ten (10) days prior to the public hearing in at least three public places within the boundary of the city.

4.

Notice shall be mailed or delivered to the owner of the property or the owner's agent and to the project applicant.

5.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those services may be significantly affected.

6.

The notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general description of the matter to be considered, a general description, in text or by diagram, of the location of the real property (if any) that is the subject of the hearing, and whether a negative declaration or environmental impact report has been prepared.

7.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice shall be mailed or delivered to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit, when one or more representatives of this community can reasonably be identified.

8.

Additional public notification beyond the boundaries specified in Section 17.03.030.A.4 above may be required for a development related project as determined by the city planner in any one of the following circumstances:

a.

The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or,

b.

The proposed development is a proposed n infill project which requires a general plan amendment or environmental impact report; or,

c.

As determined to be necessary and desirable by the city planner based on the nature of the proposed project.

9.

In determining the boundaries of an expanded notification area, the following criteria shall be used:

a.

The expanded area may be directly affected by the proposed project due to proposed or established circulation, drainage patterns, view, grading, or other environmental or infrastructure conditions; or

b.

The expanded area is an integral part of the affected neighborhood or subdivision.

c.

If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within thirty (30) days, as part of the city's notice of complete application, of the expanded notification area to be included in the mailings, and shall be required to submit three sets of gummed address labels based on the latest equalized tax assessors rolls for the expanded area. The application shall not be deemed complete until the labels have been submitted.

C.

Notification of Administrative Actions.

1.

Any administrative actions that necessitate notifications shall adhere to the specifics for that particular action, as stated in this chapter.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Scope. Applications for all land use decisions shall be made to the planning division on forms available from the division. Each application for a land use decision shall be accompanied by such information and materials deemed necessary by the division and as listed in the application to render the requested land use decision. All applications shall comply with all applicable procedures of this section and shall be consistent with the following:

1.

Any application made under the provisions of the Development Code may be initiated by the city council, or by any person who has a legal interest in the property that is the subject of the application, unless otherwise indicated in this Development Code.

2.

All land use decisions that are subject to the California Environmental Quality Act shall be reviewed by the planning division.

3.

When more than one land use decision is required for a single project, all applications shall be filed concurrently, unless otherwise approved by the city planner.

4.

The planning division shall prepare written guidelines that set forth detailed procedures for the review of each application type, and which outline the information and materials required for each application. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be deemed incomplete or not accepted for filing.

B.

Application Fees and Deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by resolution of the city council, and other applicable agencies, to cover the cost incurred in the processing of the application(s).

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The following time limits are established for accepting land use applications as complete, unless otherwise required or authorized by applicable law.

1.

Any application for a permit or entitlement pursuant to this Development Code must be accepted as complete for processing by the planning division in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the city planner. In addition to the standard submittal requirements, the planning division may request, in writing, information necessary for the complete analysis of an application. All required materials, information, and fees shall be provided by the applicant before the application is deemed complete for processing.

2.

Within thirty (30) calendar days after receipt of an application, the planning division shall review the application and determine if it is complete for processing and shall notify the applicant of such determination in writing. Said notice shall also indicate the information and/or plans necessary to make the application complete. Upon receipt of the required items by the planning division, the information shall be reviewed for completeness and a determination of completion shall be made within thirty (30) calendar days and such determination shall be transmitted to the applicant in writing. If the written determination is not made within that thirty (30) day period, the application shall be deemed complete for purposes of this chapter.

3.

Incomplete actions. In the event an initial application for which requested information to complete the application has not been received within ninety (90) days, the application shall automatically be deemed abandoned and no further action on the application may be conducted.

B.

The city planner or his/her designee and the applicant may mutually agree to a reasonable extension of these time limits, as permitted by state law.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

Editor's note— Ord. No. 2022-503, § 4(Exh. 1), adopted August 15, 2022, repealed § 17.03.060 which pertained to appeals of determination of incomplete applications and derived from Ord. 2003-333, adopted 2003; Ord. No. 2011-417, adopted December 12, 2011.

The following time limits are established for rendering land use decisions, unless otherwise required or authorized by applicable law.

A.

Except for legislative acts of the city council, the city shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:

1.

If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time except as provided in Section 17.03.070.A.3.

2.

If an environmental impact report (EIR) is prepared, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in Section 17.03.070.A.3.

3.

Should compelling circumstances justify additional time to complete the environmental review process, no more than one extension of time may be granted by the planning division, if the project applicant requests or consents to such an extension, for a period not to exceed 90 calendar days from the date of the extension, subject to the applicable provisions of state law and the city's adopted CEQA Guidelines. No other extension, continuance, or waiver of these time limits either by the project applicant or the city shall be permitted, pursuant to state law.

4.

The planning commission shall approve, conditionally approve, extend, or disapprove a tentative map within the legal time limits established by the Subdivision Map Act. These time limits or any other time limits for reporting and acting on maps as specified in Title 16 (Subdivisions) of the Municipal Code or any other applicable adopted ordinance, policy or code, may be extended by mutual consent of the subdivider and the planning division. Upon consent of the subdivider, a waiver of any of these time limits may be obtained for the purpose of permitting concurrent processing of related land use applications. Pursuant to California Government Code Section 66452.1(c), the time limits for action on a tentative map commence after the certification of an EIR, adoption of a negative declaration, or a determination that the project is exempt from CEQA review.

B.

When a land use application decision is contingent on approval of another application which requires legislative action, such as a general plan amendment or zone change, the time limits specified by this section for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, the referring authority shall prepare a statement containing the reasons for referring the land use decisions.

B.

Prior to rendering a land use decision, the reviewing authority shall address each of the required findings or criteria that apply to the application type as described in this chapter. Evidence or testimony shall be given to substantiate the reviewing authority's determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the reviewing authority.

C.

From time to time, hearings on development applications may be continued, provided that the time and place to which continued is announced prior to adjournment of the meeting from which continued. Where such continuances are requested by the applicant, the city may require payment of fees as specified by city council resolution, to reimburse costs reasonably borne for such continuance of the public hearing.

D.

The reviewing authority may take an action of denial without prejudice on a land use application. Such action shall allow the applicant to reapply for the same permit immediately upon the effective date of the decision unless otherwise specified in the Development Code.

E.

In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety and general welfare.

F.

The reviewing authority shall ensure that each application approval is consistent with the San Bernardino County Hazardous Waste Management Plan, and shall add conditions of approval as deemed necessary to ensure compliance with said plan.

G.

For legislative actions such as general and specific plan amendments, zone changes, and development-related ordinances, the planning commission shall review and make a recommendation to the city council as the final reviewing authority.

H.

The planning commission shall adopt and publish rules for the conduct of their hearings or meetings on zoning matters.

I.

When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of such hearing.

J.

When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Ordinances approving land use decisions shall become effective thirty (30) days after the second reading of the ordinance, unless some later date is specified within the ordinance.

B.

Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the eleventh such day is not a city business day. In such circumstances, the land use decision shall become effective on the next city business day following such eleventh day.

C.

Land use decisions made by administrative action shall become effective on the eleventh day after the written notice of the land use decision has been deposited in the U.S. mail, except when the eleventh such day is not a city business day. In such instances, the land use decision shall become effective on the next city business day following such eleventh day.

D.

Notwithstanding the provisions of this section, land use decisions which are made contingent upon approval of a legislative action, such as a general plan amendment or zone change, shall become effective on the date when the approval of the last such application to which they are subject becomes effective.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Minor modifications to the approved site plan or the conditions of approval for a development project may be approved by the city planner through an application for a minor modification, pursuant to Section 17.03.250 of this Development Code. However, should the city planner determine that the proposed modification(s) may have significant impacts on the project site or surrounding properties, the city planner may require submittal of an application and approval of a major modification to the original project approval. In the latter case, the review procedures for the requested modification(s) shall be those that were applicable to the project when originally reviewed.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Prior to its effective date, any land use decision made in accordance with the provisions of this Development Code by a reviewing authority other than the city council, may be appealed by the applicant, a member of the city council, or any other person as follows:

1.

The planning commission shall consider appeals regarding land use decisions made by the city planner.

2.

The city council shall consider appeals regarding land use decisions made by the planning commission.

3.

Appeals of any actions of the city planner or planning commission, as outlined above, may be made by any person in the manner described below. While an appeal is pending, the establishment of any affected structure or use is to be held in abeyance.

B.

Applications for an appeal of a land use decision, including an appeal filed by a member of the city council, shall be made upon forms supplied by the reviewing authority to which the appeal is being made. All such applications for appeals shall be submitted to the planning division and shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the city council, shall be paid at the time the appeal is filed.

C.

An appeal of a land use decision must be filed prior to the date on which such land use decision becomes effective, as specified in Section 17.03.090 of this chapter. Within thirty (30) days of the acceptance of an application for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act), the city planner or city clerk shall establish a hearing date and shall give notice of the date, time and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

D.

Any member of the city council who appeals a land use decision made in accordance with the provisions of this Development Code to the city council shall abstain from participating as a member of the city council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the city council in the same manner as, and in the time provided for, members of the general public.

E.

Notwithstanding the provisions of Section 17.03.110.D. regarding appeal procedures for any city council member, the city council may vote at a regularly scheduled meeting to review a decision by the planning commission, within ten calendar days of such decision. The application decision requested for city council review shall be agendized at the next regularly scheduled meeting and shall not be subject to payment of a fee.

F.

The appeal hearing shall be a hearing de novo. Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute such other or additional decision or determination as it may find warranted under the provisions of the Development Code, or other applicable adopted city code, resolution or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original decision maker, including the requirements for environmental review. The appropriate authority shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a city council decision, to the planning commission.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Any conditional land use decision made in accordance with the provisions of this Development Code shall be subject to the following time limitations:

1.

Unless all conditions have been complied with and the occupancy, use or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Development Code, the land use decision shall become null and void. For the purposes of this section, the term "inaugurated" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.

2.

Where circumstances warrant, the reviewing authority may grant an extension of time. The length of such extension shall be determined by the reviewing authority based on the limitation specified in this chapter, but in no case shall a conditional land use decision be extended for a total approval period exceeding three years unless otherwise provided by state law. The reviewing authority of an application for an extension of time of a previously approved development project shall be the authority which reviewed the original application, except where such application was approved on appeal, in which case the reviewing authority shall be the appeal body. All requests for a time extension shall be submitted in complete form within ninety (90) days prior to the expiration date and must be deemed complete by the city by the expiration date in accordance with Sections 17.03.050 and 17.03.060, or the project approval will be deemed to have expired.

3.

Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than twenty-four (24) months.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The city may request that a project applicant or developer attend a pre-construction conference prior to the issuance of grading and/or construction permits for a conditionally approved development project. The purpose of this conference is to acquaint the developer with the requirements, policies and procedures of the city, to identify special conditions of approval and/or mitigation measures which must be addressed at the construction stage, and to familiarize the city with anticipated construction schedules and personnel.

B.

The applicant may be required to submit materials at the time of application to facilitate review of construction related issues on the project.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, or land, or portion thereof, shall be made unless zoning clearance is first obtained from the planning division, in addition to other required approvals, inspections, and certificates.

B.

New buildings, building expansions and building alterations. Final clearance from the planning division shall be granted only after such new buildings, enlargement, or alteration have been completed in conformity with the provisions of the Development Code and with any approved site development plans and required conditions, and when the proposed use conforms to the Development Code and any other applicable adopted city ordinances, resolutions, ordinances, or standards.

C.

Existing buildings and undeveloped land. Except as provided in Section 17.03.320 (Non-Conforming Uses and Structures), final clearance from the planning division shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements for such building or land conform to the property development standards of the Development Code and other applicable city codes, resolutions, ordinances, or standards. Such standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the reviewing authority to be necessary or required by any regulating authority for the particular use.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

An applicant may submit materials for and attend a preliminary development review conference to evaluate the development proposal prior to acceptance of a formal application. The purpose of this conference is to acquaint the city and other agencies with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinance and improvement standards applicable to the proposal, and to identify any significant development opportunities and/or constraints on the site.

B.

The preliminary development review shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.

C.

Application for pre-development review shall be made at the planning division and shall be accompanied by the appropriate fee as adopted by the city council or other agencies. The applicant shall submit development plans and or other applicable materials, showing proposed land use types, areas and locations. The conceptual development plan and/or materials shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section. The application shall include an affidavit signed by the applicant indicating their understanding that the preliminary development review is not an application for a "development project" as defined in California Government Code Section 65920 et seq., and that the time limits of the Permit Streamlining Act are not applicable.

D.

The preliminary development review shall address, but not be limited to, the following subject matter, as applicable.

1.

Subject Parcel: its size, location, dimensions and area; any existing improvements or development on site; existing general plan and zoning designations.

2.

Proposed Development Project: uses proposed for the site, type and placement of buildings and other improvements.

3.

Characteristics of the Project Site and Vicinity: existing and proposed land use designations and development on adjacent parcels; any identified natural or manmade hazards on site or in the vicinity.

4.

Proposed Circulation Improvements, Both On and Off-Site: access points and vehicular access ways, parking, loading, and pedestrian circulation, location and width of existing and proposed improvements on adjacent roadways.

5.

Public Improvements: type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements.

6.

Open Space: location, amount, type and method of maintenance for proposed open space and landscaped areas.

7.

Community Service Impacts: estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

The plot plan review process is intended to promote orderly and attractive development, recognize environmental limitations on development, stabilize land values and investments, and promote the general welfare by preventing the establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of the general plan or of this Development Code or which are not properly related to their sites, surroundings, traffic circulation, or environmental setting.

A.

General Provisions.

1.

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development project(s) which requires a plot plan review, without having first complied with the provisions of this chapter.

2.

Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the applicable zone district in which the project site is located.

3.

The following uses have been determined to be exempt from plot plan review requirements:

a.

Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the building official and city planner. For purposes of this section, the term "substantial changes" shall mean a change which requires a different occupancy classification under the applicable fire and building codes, or which alters the use of the building from one general use category to another (such as a change from residential to commercial, or a change from office to retail use). The term "greater impact" shall mean a significant increase in the number of vehicle trips generated by the use, or in the amount or type of solid waste generated by the use.

b.

Alterations to building exteriors not resulting in substantial changes of use, drainage patterns, parking, traffic, easements, or greater impacts on infrastructure and public services, as determined by the city planner. For purposes of this section, the term "substantial changes" shall mean a change in use type or use classification as set forth in paragraph 17.03.160.A.3.a, or a change which results in changed or increased stormwater runoff, increased parking requirements, increased trip generation, the need for dedication of easements, greater incompatibility with surrounding properties and uses, and/or increased demand for public services.

c.

Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements. For purposes of this section, the term "constrained by existing infrastructure" shall mean that any proposed maintenance and/or repair will not alter the site so as to change drainage flows, obstruct easements, or conflict with existing utilities or rights-of-way.

d.

Replacement and/or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the building official and city planner to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and general plan designations. For purposes of this section, the term "partially destroyed" shall mean that the cost to repair the structure shall not exceed fifty percent (50%) of the value of the structure.

e.

Expansions to multiple residential, commercial, or industrial buildings or structures of twenty-five percent (25%) or less of the total floor area, or no more than five thousand (5,000) square feet, whichever is less, where the proposed expansion will not result in a change in the land use or intensity or cause increased impacts on existing infrastructure and public services, as determined by the city planner. A new plot plan review or major modification shall be required where an addition, which combined with any addition approved within twenty-four (24) months of the filing of the application, exceeds twenty-five percent (25%) of the total floor area or five thousand (5,000) square feet, whichever is less.

f.

Reductions of floor or building area within a previously approved plot plan review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review.

g.

Single-family residential development (one residence per parcel) on existing lots of record.

4.

Where permitted by the zone and unless otherwise specified, the following uses shall require approval of a plot plan review.

a.

Any use that is listed as permitted with plot plan review in the applicable zone district.

b.

Any new construction of a commercial, industrial, multiple family residential, or institutional use (including public and quasi-public facilities), except as otherwise specified in this Development Code.

c.

Additions to pre-existing multiple residential, commercial, or industrial structures or uses which have been legally established under the provisions of an approved plot plan review and which are permitted as such in the applicable zone district, which will result in an increase in total floor area of twenty-five percent (25%) or greater, or expansions of five thousand (5,000) square feet or greater.

d.

Projects involving a change or intensification of land use, when the new use is permitted in the underlying zone district with plot plan review.

e.

A conversion of a single-family house to any other use, except as otherwise specified in this Development Code.

5.

All applications for plot plan review or a major modification of a plot plan review shall be reviewed by the planning commission.

6.

Any use existing on the effective date of this Development Code, which was permitted subject to an approved plot plan review, shall be deemed a pre-existing use. Such use may continue in accordance with this section, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of a site or building containing a previously approved plot plan review use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto, shall comply with Section 17.03.320 of this chapter regulating non-conforming uses until such use is brought into conformance with this Development Code. Any use existing on the effective date of this Development Code which would require approval of a plot plan review to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a plot plan review to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as "non-conforming."

B.

Application Procedure.

1.

Preliminary Development Review. A conference between city staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.

2.

Formal Application Submittal.

a.

The project applicant must be the property owner or an authorized agent.

b.

After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive site plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the planning division, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the planning division.

c.

The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050, of this chapter.

3.

Plot Plan. The application shall be accompanied by the required number of plot plan maps, drawn at a minimum scale of 1" = 20' or other scale approved by the planning division, on standard sheets of twenty-four (24) inches by thirty-six (36) inches. The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the planning division.

4.

Drawings and Elevations.

a.

Elevations showing the general appearance, features and heights of proposed structures shall be submitted, as required on the application checklist.

b.

When required by the planning division, drawings and elevations shall be submitted in addition to those accompanying the site plan, which shall include but not be limited to the following:

(1)

Roof overhangs and any other parts of the structures that protrude from the building surfaces.

(2)

Details indicating rooftop-screening material, methods, and a view analysis of proposed screening, when required.

(3)

Uses of each room on floor plans, if required.

C.

Approval Requirements.

1.

A plot plan review approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

2.

A project approved by plot plan review shall be inaugurated within twenty-four (24) months from the effective date of the decision. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120, of this chapter.

3.

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

a.

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the proposed development.

b.

On and off-site improvements, including but not limited to the following:

(1)

Grading improvements, erosion control measures, and drainage facilities and structures necessary to protect the public safety.

(2)

Curbs and gutters, street pavement, sidewalks, street lights and traffic control devices, and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.

(3)

Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the city, department of water and power, and fire protection district.

(4)

Sanitary sewer facilities and connections.

(5)

Services from public utilities where provided.

(6)

Street trees and landscaping.

(7)

On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.

(8)

Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate.

(9)

In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.

D.

Determination by the Approval Authority. The approval authority shall determine the merits of the proposed development project and its compliance with the principles, standards, policies and goals of the general plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a plot plan review project:

1.

The proposed use and design of the project are consistent with the goals, policies, and objectives of the general plan;

2.

The proposed use and design of the project are consistent with the purpose, intent and standards of the Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake;

3.

The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application except as otherwise approved;

4.

The proposed use and design of the project will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and

5.

The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.

E.

Revisions and Modification. Revisions or modifications to an approved plot plan review can be requested by the applicant in accordance with the procedures and criteria specified below:

1.

Minor Revisions. A revision or modification to an approved plot plan review such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the city planner upon submittal of an application, required materials and applicable fees for minor modification, pursuant to Section 17.03.250.

2.

Major Revisions. A major revision or modification to an approved plot plan review such as, but not limited to, change in conditions, expansions, intensification or location of buildings and structures on the site, may be requested by the applicant. Such request shall be processed through application of a major modification or new plot plan review, pursuant to the provisions contained in this section.

F.

New Applications Following Denial. Following the denial of an application for a plot plan review, no application for a plot plan review for the same or substantially the same use and design on the same or substantially the same site shall be filed within one year from the date of denial.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

The purpose of a conditional use permit is to allow certain uses that contribute to the orderly growth and development of the city to be properly integrated into the surroundings in which they are to be located. The conditional use permit process is intended to provide an opportunity for public review and evaluation of site-specific requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code. In addition, the conditional use permit ensures ongoing compliance with conditions of operation, which may be applied to the use in order to protect public health, safety and welfare, and to ensure compliance with the general plan goals, objectives and policies.

B.

General Provisions.

1.

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development projects that require a conditional use permit, without having first complied with the provisions of this chapter.

2.

In granting any conditional use permit, the reviewing authority shall affix those conditions, which it deems necessary in order to safeguard the public health, safety and general welfare of the district and to ensure compliance with the general plan. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the zone district in which the project is located. The city may require dedication of land or easements for public use, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

3.

Any use existing on the effective date of this Development Code, which was permitted subject to an approved conditional use permit, shall be deemed a pre-existing conditional use. Such use may continue in accordance with this Development Code, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of the use or building containing a previously approved conditional use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto shall comply with Section 17.03.320 of this chapter regulating non-conforming uses, until such use is brought into conformance with the Development Code. Any use existing on the effective date of this Development Code which would require approval of a conditional use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a conditional use permit to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as "non-conforming."

4.

The planning commission shall review requests for conditional use permits at a public hearing, pursuant to Section 17.03.030 of this chapter.

5.

Uses listed as "uses permitted subject to approval of a conditional use permit" may be permitted in the applicable zone districts pursuant to the provisions of this article.

C.

Application Procedure.

1.

Preliminary Development Review. A conference between city staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.

2.

Formal Application Submittal.

a.

The project applicant must be the property owner or an authorized agent.

b.

After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive plot plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the planning division, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the planning division.

c.

The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050 of this Development Code.

3.

Plot Plan. The application shall be accompanied by the required number of plot plans, drawn at a minimum scale of 1" = 20' or other scale approved by the planning division, on standard sheets of twenty-four (24) inches by thirty-six (36) inches. The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the planning division.

4.

Drawings and Elevations.

a.

Elevations showing the general appearance and features of proposed structures shall be submitted, as required on the application checklist.

b.

When required by the planning division, drawings and elevations shall be submitted in addition to those accompanying the plot plan, which shall include but not be limited to the following:

(1)

Roof overhangs and any other parts of the structures that protrude from the building surfaces.

(2)

Details indicating rooftop-screening materials, methods and view analysis of proposed screening, when required.

(3)

Uses of each room, or floor plans, if required.

5.

Other Pertinent Information, as Required. Where deemed necessary by the planning division to complete the city's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, provisions for on- or off-site security, and other similar conditions of operation.

D.

Approval Requirements.

1.

Conditional use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

2.

The uses authorized by the conditional use permit shall be commenced within the period of time specified by the planning commission, not to exceed twenty-four (24) months from the effective date of the decision, except as otherwise specified in the conditional use permit. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the conditional use permit.

3.

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

a.

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

b.

On and off-site improvements, including but not limited to the following:

(1)

Grading improvements, erosion control measures, and drainage facilities necessary to protect the public safety.

(2)

Curbs and gutters, street pavement, sidewalks, street lights, traffic control devices and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.

(3)

Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the city, department of water and power, and fire protection district.

(4)

Sanitary sewer facilities and connections.

(5)

Services from public utilities where provided.

(6)

Street trees and landscaping.

(7)

On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.

(8)

Surfacing of parking areas subject to city specifications.

(9)

In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and area.

c.

Regulation of uses and operations on the site, including but not limited to the following:

(1)

Regulation of use.

(2)

Regulation of time for certain activities.

(3)

Duration of use.

(4)

Regulation of noise, vibration, odors and lights.

(5)

Maintenance of special yard, spaces and buffer areas.

(6)

Regulation of points of vehicular ingress and egress.

(7)

Regulation of signs.

(8)

Required landscaping and site maintenance.

(9)

Such other conditions as will make possible the development of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of the Development Code.

E.

Determination by the Approval Authority. The approval authority will determine the merits of the proposed conditional use permit, and its compliance with the principles, standards, policies and goals of the general plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a conditional use permit:

1.

The proposed use and design are consistent with the goals, policies, and objectives of the general plan;

2.

The proposed use and design are beneficial and desirable to the community and is consistent with the purpose, intent and standards of the Development Code and other applicable codes and ordinances adopted by the City of Big Bear Lake;

3.

The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application;

4.

The proposed project and the on-going operation of the use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and

5.

The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.

F.

Revisions and Modifications.

1.

Revisions or modifications of an approved conditional use permit may be requested by the applicant in accordance with the procedures and criteria specified below. Further, the planning commission may periodically review, modify or revoke a conditional use permit as specified herein, if it determines that the use is not being conducted in accordance with the project approval, or that the use is being conducted in such a manner that it has become detrimental to the public health, safety, or welfare.

2.

Revisions/Modifications by Applicant.

a.

Minor Revisions. A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site or impact fire and life safety, may be acted on by the city planner upon submittal of an application, required materials, and applicable fees for minor modification, pursuant to Section 17.03.250.

b.

Major Revisions. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or any change which may have the potential to impact fire and life safety, may be requested by the applicant. Such request shall be processed through application of a major modification or new conditional use permit, as determined by the city planner.

3.

Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner, which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

G.

Modification or Revocation.

1.

Any conditional use permit granted pursuant to this section, or granted under any of the development codes of the city and still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one or more of the following conditions exist:

a.

That the use is detrimental to the public health or safety or is a nuisance;

b.

That the permit or approval was obtained by fraud;

c.

That the use for which the permit or approval was granted has ceased, or has been suspended for one year or more;

d.

That the applicant has not complied with one or more of the conditions of approval or the permit or approval requirements.

2.

Any such finding shall be by the planning commission, after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given ten (10) days of advance written notice by first class mail directed to the applicant's address of record (or such successor's address so furnished) as per the files of the planning division. Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the planning commission and the determination pursuant thereto, shall be subject to appeal pursuant to Section 17.03.110. Action of the planning commission or the city council on appeal shall be by resolution, and shall contain specific findings and specific action relative to the revocation.

3.

Notwithstanding the provisions set forth above, the planning commission, or the city council on appeal, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered temporary, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from any action of the planning commission shall be permitted, and such action of the planning commission or city council shall be final and conclusive.

4.

New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The purpose of a variance or minor deviation shall be to ensure that no property, because of special circumstances specifically related to its size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone district.

B.

General Provisions.

1.

In no case shall a variance or minor deviation be granted to permit a use other than a use permitted or conditionally permitted in the zone district applicable to the property.

2.

Any variance or minor deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

C.

Reviewing Authority.

1.

The reviewing authority may grant a minor deviation or variance from any property development standard (including setbacks and heights) in the city's adopted Development Code, subject to the procedures set forth in this section.

2.

Review and approval for the following minor deviation requests will be through administrative review, pursuant to the following provisions and based upon the findings contained in Section 17.03.180.G.3, except that if a development project proposed concurrently with such minor deviation will be reviewed by the planning commission or city council, the reviewing authority for the project may approve the minor deviation in conjunction with the project approval.

a.

Fence Height. Excepting within any front yard setback area, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of twenty percent (20%), where topography or a difference in grade between abutting sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, or to provide additional security when warranted, provided that the increased height does not encroach into the vehicle sight distance or otherwise impede visibility of motorists.

b.

Setbacks. The required setback may be decreased by not more than fifteen percent (15%) where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.

c.

Off-site Parking. A maximum of fifteen percent (15%) of the required parking for a use may be located off-site. Said parking shall not be located more than three hundred (300) feet walking distance from the building entrance on the site of the use which such parking will serve, provided that the city planner determines that the use will be served as effectively, safely, and conveniently as it would be served if parking was located on the site for which it is required. The reviewing authority shall require an agreement to ensure on-going availability and maintenance of off-site parking facilities.

d.

On-site Parking. A maximum of fifteen percent (15%) reduction in the required on-site parking spaces may be granted provided that a suitable area exists on the site on which to provide the additional required spaces if needed, and based upon a finding that the reduction will not result in an adverse impact on parking availability or traffic congestion.

e.

Minor Reconfiguration of Existing Parking. The reviewing authority may authorize minor reconfiguration of an existing parking lot in order to comply with the requirements of the Americans with Disabilities Act. Such reconfiguration may include a maximum fifteen percent (15%) reduction of the applicable on-site parking requirements when it is demonstrated that the reduction will not result in an adverse impact on parking availability or traffic congestion.

f.

Loading Facilities. A maximum reduction in the number of loading spaces of one space may be granted by the reviewing authority, based upon a finding supported by evidence that such space will not be needed by the use.

g.

On-site Landscaping. The reviewing authority may authorize a fifteen percent (15%) decrease in the required on-site landscaping requirement, where it can be demonstrated that such reduction is necessary in order to provide for necessary public transportation and transit improvements, such as bus turnouts and turning lanes; where site constraints preclude the relocation of such landscaping to another location; and where the overall appearance of the site will not be adversely affected.

h.

Landscape Setback Area. The reviewing authority may allow averaging of the required landscape setback area adjacent to streets, provided the following conditions are met:

(1)

The required on-site landscaping requirement is fully met on the site.

(2)

No more than thirty percent (30%) of the landscape setback area along the site frontage shall be allowed to be reduced in width.

(3)

In no case shall the landscaped setback area be less than ten (10) feet.

(4)

The overall landscape design shall not be adversely affected.

i.

Other deviations from development standards determined by the city planner to be minor in nature, provided that such deviation does not exceed fifteen percent (15%) of any required specification and no adverse effects will result from the deviation.

3.

In calculating percentages specified in this section, rounding up of fractions shall not be permitted.

4.

Any request to deviate from development standards required by this Development Code which is not listed in Section 17.03.180.C.2 shall be deemed a variance and shall be reviewed by the planning commission at a public hearing.

5.

The planning commission is authorized to grant variances in accordance with the procedures in this section, with respect to development standards which include but are not limited to the following:

a.

Fences, walls, and screening.

b.

Site area, width and depth.

c.

Front, rear and side yards.

d.

Lot coverage.

e.

Height of structures.

f.

Landscaped areas and planters.

g.

Performance standards.

h.

Loading areas and facilities, provided that any reduction in the number of loading spaces is supported by evidence demonstrating that the space will not be needed by the use.

i.

Sign height, number and location.

j.

Parking spaces and parking lot configuration.

k.

Driveway width and location.

D.

Application Procedures.

1.

An application for a minor deviation or variance shall be filed with the planning division, along with the required fee. The signed application shall be made by the property owner or his authorized agent.

2.

An application for a minor deviation or variance shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, and any other data required by the planning division to adequately review the application.

E.

Notice Requirements.

1.

Minor Deviation. Prior to rendering a decision, the city planner shall provide written notice to contiguous property owners of the requested minor deviation. Such notice shall contain a description of the type and location of the requested minor deviation and the anticipated decision date, and shall allow ten (10) days to submit comments to the city. Upon the passage of ten (10) days, the city planner may render a decision.

2.

Variance. The planning commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in Section 17.03.030.

F.

Approval Requirements. The following requirements may be placed upon a minor deviation or variance by the reviewing authority as conditions of approval. All such conditions shall be binding upon the applicants and their successors.

1.

Requirements for special yards, open spaces, buffers, fences, walls, and screening.

2.

Requirements for installation and maintenance of landscaping and erosion control measures, and for preservation of existing trees.

3.

Requirements for access improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

4.

Requirements for maintenance of landscaping and other improvements.

5.

Establishment of development schedules or time limits for performance, completion, or removal.

6.

Requirements for periodic review by the reviewing authority.

7.

Any other such conditions as the reviewing authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the reviewing authority to make the findings required by Section 17.03.180.G.3 of this chapter.

G.

Determination by the Approval Authority.

1.

Minor Deviation. In evaluating a request for a minor deviation, the city planner shall determine that the request satisfies all of the required findings contained in paragraph G.3 of this section, and that the request is consistent with the general plan and all applicable codes and ordinances.

2.

Variance. The planning commission will determine the merits of any proposed variance, and its compliance with the principles, standards, policies, and goals of the general plan and the Development Code. Approval of any variance shall be based upon all of the findings to be made by the approval authority in approving or denying a variance as contained in paragraph G.3 of this section, and a determination that the request is consistent with the general plan and all applicable codes and ordinances.

3.

Findings for Approval of a Minor Deviation or Variance:

a.

There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this Development Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical land use district classification;

b.

Granting the minor deviation or variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to the property for which the variance is sought;

c.

Granting the minor deviation or variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in such vicinity and land use district in which the property is located; and

d.

Granting the minor deviation or variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

H.

New Application Following Denial. Following the denial of a minor deviation or variance application, no application for the same or substantially the same application on the same or substantially the same site shall be filed within one year of the date of denial.

I.

Appeal Procedure.

1.

Prior to its effective date, any decision made on a minor deviation request by the city planner may be appealed to the planning commission, pursuant to the provisions of Section 17.03.110.

2.

Prior to its effective date, any decision made on a variance request by the planning commission may be appealed to the city council, pursuant to the provisions of Section 17.03.110.

J.

Voiding of Variances or Minor Deviations.

1.

Except as otherwise provided in this section, any variance or minor deviation granted under the provisions of this Code shall become null and void unless:

a.

The construction authorized by said variance or minor deviation has been inaugurated within twelve (12) months of the effective date of said variance or minor deviation, and pursued diligently to completion; or

b.

The occupancy of land or buildings authorized by such variance or minor deviation has taken place within twelve (12) months of the effective date of such variance or minor exception.

2.

Where a minor deviation or variance request is granted concurrently with one or more other entitlements, the minor deviation or variance shall be in effect for the time period allotted under the other land use entitlements.

3.

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established herein, the reviewing authority may grant an extension of time for a period not to exceed twelve (12) additional months except as provided herein. Where a minor deviation or variance request is granted concurrently with one or more entitlements, an extension of the variance may be considered by the reviewing authority concurrently with the time extension requests for the other entitlements; however, in no event shall a variance or minor deviation be extended beyond the expiration date of any other land use entitlement on the project site.

4.

The reviewing authority may void any variance or minor deviation for non-compliance with the conditions set forth in approving the variance or minor deviation. If the city planner determines that a variance or minor deviation is not in compliance with the conditions set forth in approving the variance or minor deviation, the city planner shall provide notice and an opportunity for a hearing to the approval holder before making a decision to revoke or not revoke the approval. After setting a date for a public hearing, the city planner shall notify the applicant and owners of the variance or minor deviation approval in question. Such notice shall be sent by certified mail and shall state that the planning commission will be reviewing the variance or minor deviation for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this chapter. If the planning commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the planning commission may revoke the variance or minor deviation or impose additional conditions to ensure compliance. The variance or minor deviation holder may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the general plan justify such action, zoning boundaries and/or designations may be amended through the procedures established in this section.

B.

General Provisions.

1.

A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of property, by filing an application for a zone change as prescribed in this section. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents must join in filing the application. If deemed appropriate by the city to expand the boundaries of any proposed zone change, notice shall be given to all property owners within the proposed expansion boundaries.

2.

A change in the boundaries of any zone may be initiated by the city council.

3.

An application for a zone change may be filed concurrently with any other application(s) on the same property.

4.

Following the denial of an application for a change in zone, an application for the same or substantially the same change on the same or substantially the same property shall not be accepted within one year of the date of denial.

5.

A change in zone shall be indicated on the zoning map, along with a notation listing the number and date of each ordinance amending the zoning map, within the revision block of said map.

C.

Application Procedure.

1.

An application for a change of zone shall be made on a form provided for that purpose by the planning division, along with the required fee as established by city council resolution.

2.

The city planner may require additional information if deemed necessary to enable the planning commission and city council to determine whether the change is consistent with the standards of this Development Code and the maps and policies of the general plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on each application for a zone change. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the proposed zone change is consistent with all of the required findings for approval as set forth in paragraph F of this section, and, if so, shall provide a written report recommending to the city council that the zone change be granted or granted in a modified form. If the planning commission determines that the proposed change does not meet the required findings for approval, the planning commission shall deny the application and their action is final, unless the matter is set for hearing pursuant to Section 17.03.110 and Section 65856 of the California Government Code.

3.

When the planning commission determines, following a public hearing on a proposed zone change, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the commission may recommend an alternate classification, following new notice and public hearing. In making a modified recommendation, the planning commission must determine that the recommended alternative is more appropriate for the subject property and is consistent with the general plan and the Development Code.

E.

Action by the City Council.

1.

Upon recommendation of the planning commission to approve a proposed zone change, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the council shall make specific findings as to whether the change is consistent with the objectives of this Development Code and the general plan. If the city council makes all of these findings, as contained in paragraph F of this section, it shall introduce an ordinance amending the zoning map.

3.

The city council shall not modify a recommendation of the planning commission on a zone change until it has requested and considered a report of the planning commission on the modification. Failure of the planning commission to report within forty (40) calendar days after receipt of the council request shall be deemed to be in concurrence with the modification.

F.

Required Findings for Approval. Approval of a change of zone shall be based on all of the following findings:

1.

The proposed change in zone is consistent with the general plan;

2.

The site of the proposed change in zone is suitable for any of the land uses permitted within the proposed zone district;

3.

The proposed change in zone is reasonable and beneficial at this time; and

4.

The proposed change in zone will not have a substantial adverse effect on surrounding properties or the community in general.

G.

Pre-Zoning.

1.

For the purpose of establishing zone district boundaries to become effective only upon annexation, property outside the corporate boundaries of the City of Big Bear Lake and within the adopted sphere of influence may be classified within one or more zones in the same manner and subject to the same procedural requirements as prescribed for property within the city.

2.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to show the potential or "pre-zoned" classification to become effective upon annexation. The zoning map shall also identify each zone or zones applicable to such property with the label "Pre-Zoning" or "PZ" in addition to such other map designation as may be applicable.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. These provisions are intended to provide the city council with a procedure to amend the Development Code when deemed necessary or appropriate to protect public health, safety and welfare or to implement the policies of the general plan.

B.

General Provisions.

1.

A Development Code amendment may be initiated by any person or entity having a legal interest in property within the city. If the amendment is directly related to a parcel of land, the owner or the authorized agent of the owner of property must file the application. Further, if property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents must join in filing the application.

2.

A Development Code amendment may be initiated by the city council.

3.

Following the denial of an application for a Development Code amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial, except as initiated by the planning commission or city council.

4.

A Development Code amendment adopted by the city council shall be incorporated into the Development Code.

C.

Application Procedure.

1.

An application shall be made on a form provided for that purpose by the planning division. An application initiated by a private person or agency shall be accompanied by a fee established by city council resolution and all necessary application materials.

2.

The city planner may require additional information if necessary to enable the planning commission and city council to determine whether the amendment is consistent with the objectives of the city's general plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on each application for a Development Code amendment. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the Development Code amendment is consistent with all of the required findings for approval as set forth in paragraph F of this section, and shall provide a written report recommending to the city council that the Development Code amendment be approved, approved as amended, or denied based upon said findings.

E.

Action by City Council.

1.

Upon recommendation of the planning commission on a proposed Development Code amendment, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the city council shall determine whether the proposed Development Code amendment meets all of the criteria as set forth in the required findings for approval in paragraph F of this section. If the city council makes these required findings, it shall introduce an ordinance amending the Development Code.

3.

The city council shall not modify a recommendation of the planning commission on a Development Code amendment until it has requested and considered a report of the planning commission on the modification. Failure of the planning commission to report within forty (40) calendar days after receipt of the city council request shall be deemed to be in concurrence with the modification.

F.

Approval Requirements. Prior to taking an action to approve or recommend approval of a Development Code amendment, the reviewing authority shall find as follows:

1.

The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan;

2.

The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety, convenience and/or general welfare;

3.

The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and

4.

The proposed Development Code amendment is reasonable and beneficial at this time.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The procedures contained in this section allow the city planner upon a written request, or the planning commission upon referral by the city planner, to determine whether a use not specifically listed as a use that is principally permitted or conditionally permitted in a particular zoning district of the city, should be given such designation based upon a similarity to uses already listed.

B.

General Provisions.

1.

Where the term "similar uses permitted by city planner determination" is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the city planner as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.

2.

The city planner may refer a determination on an unlisted use to the planning commission, pursuant to Section 17.03.080.A.

3.

In no instance shall the city planner or the planning commission determine, nor shall these regulations be so interpreted, that a use shall be permitted in a zone when such use is specifically first listed as permissible in a zone district allowing more intensive uses.

4.

The procedures of this section shall not be substituted for the Development Code amendment procedure as a means of adding new uses to the list of permitted or conditional uses.

5.

The planning commission may, on its own motion or at the request of any party affected thereby, reconsider and change a written decision regarding unlisted uses previously determined by the planning commission or by the city planner.

6.

The city planner's determination regarding conformance of a use to a zone district may be appealed to the planning commission, pursuant to [Section] 17.03.110. The planning commission's determination regarding conformance of a use to a zone district may be appealed to the city council, pursuant to [Section] 17.03.110.

C.

Application Procedure. Application for a determination on an unlisted use shall be made in writing to the city planner, and shall include a detailed description of the proposed use and such other information as may be required to facilitate review of the request, along with the required fee as established by resolution of the city council.

D.

Investigation and Report. The city planner shall prepare a report, which will address the following, and shall submit copies to the applicant and/or to the planning commission:

1.

Comparison of the proposed use to the type and intensity of other uses principally permitted or conditionally permitted in the same zone district.

2.

Evaluation of the purpose and intent of that zone district.

3.

Review of the general plan to compare the proposed use characteristics with the applicable goals, policies and land use designations.

E.

Determination. The city planner, or the planning commission upon referral by the city planner, shall base the decision upon all of the following findings:

1.

The use in question is of a similar type and intensity to, and no more objectionable than, other principally permitted or conditionally permitted uses in the same zone district;

2.

The use in question meets the purpose and intent of the district in which it is proposed; and

3.

The use in question meets and conforms to the applicable policies and maps of the general plan.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. This section provides procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Section 65864 et seq. of the California Government Code.

B.

General Provisions.

1.

Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property, which is the subject of the development agreement, or an authorized agent of a person who has a legal or equitable interest. The city planner may require an applicant to submit a title report or other evidence satisfactory to the city planner to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant.

2.

An application for a development agreement may be filed concurrently with any other application(s) having a direct relationship to the property, which is the subject of the proposed agreement.

C.

Application Procedure.

1.

An application for a development agreement shall be made on a form provided for that purpose by the planning division, along with the required fee and deposit established by the city council.

2.

A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Said agreement shall be in a form acceptable to the city attorney and shall contain those elements required by California Government Code Section 65865.2. If deemed appropriate, the city attorney may draft the initial agreement for review by the parties thereto. Any legal fees incurred by the city in drafting or reviewing a development agreement shall be paid by the applicant.

3.

The city planner may require additional information if deemed necessary to enable the planning commission and city council to determine whether the development agreement is consistent with the objectives of the city's general plan, Development Code and any applicable specific plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the development agreement is consistent with all of the required findings for approval as contained in paragraph F of this section, and shall recommend to the city council that the development agreement be approved, approved as amended, or denied.

E.

Action by City Council.

1.

Upon receiving a recommendation from the planning commission on a proposed development agreement, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the city council shall determine if the development agreement is consistent with all of the findings contained within paragraph F of this section. If determined to be consistent, the city council shall introduce an ordinance adopting the development agreement. After final approval, the agreement shall be recorded within ten (10) calendar days.

F.

Approval Requirements. Prior to taking an action to approve or recommend approval of a development agreement, the reviewing authority shall find as follows:

1.

The proposed development agreement conforms with the maps and policies of the general plan and any applicable specific plan;

2.

The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5;

3.

The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public; and

4.

The proposed development agreement provides clear and substantial benefit to the residents of the City of Big Bear Lake.

G.

Ongoing Review. The city shall periodically review all approved development agreements to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form, materials, and fees as established by city council resolution.

H.

Amendments to Approved Development Agreements. Any amendment to a previously-approved development agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in said agreement.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. This section provides procedures and requirements for the consideration of affordable housing agreements for the purposes specified in and as authorized by Section 65915 et seq. of the California Government Code. Such agreements may be used to obtain density bonuses and other incentives to promote the establishment of housing units affordable to households with very low income, lower income, and eligible residents, as defined in Section 17.25.200.A.1 of the Development Code.

B.

General Provisions.

1.

Only a qualified applicant may file a request for an affordable housing agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the application, or an authorized agent of such person.

2.

Where a request for an affordable housing agreement does not involve an existing development, the application shall be filed concurrently with all other required development applications.

3.

The affordable housing agreement may only be requested for development projects consisting of (prior to any density increase) five or more dwelling units.

4.

The terms of an affordable housing agreement shall be consistent with the requirements of Section 17.25.200 of the Development Code pertaining to affordable housing.

5.

In accordance with California Government Code Section 65915(h), the city may grant incentives to developers of affordable housing projects including: (1) a reduction in site development standards or modifications to zoning or architectural design requirements; (2) mixed use zoning; or (3) other identifiable concessions that result in cost reductions to the project.

6.

In accordance with California Government Code Section 65915(b), the city may deny the request for certain incentives and concessions based upon making written findings that such incentives or concessions are not necessary to reduce affordable housing costs or rents.

C.

Application Procedure.

1.

An applicant for an affordable housing agreement may submit a preliminary development review application, pursuant to Section 17.03.150 of the Development Code, and the city shall notify the applicant of the procedures needed to proceed with the application in no less than ninety (90) days from receipt of a complete preliminary development review application.

2.

An application for an affordable housing agreement shall be made on a form provided for that purpose by the planning division, along with the required fee and/or deposit established by the city council.

3.

The application shall be accompanied by the appropriate number of draft density bonus agreements as listed on the application, in a form acceptable to the city attorney and the improvement agency, and shall include the following provisions as well as any other provisions deemed necessary by the city to review of the application:

a.

The terms and conditions of the agreement shall run with the land which is to be developed with or converted to affordable housing units, shall be binding upon any or all successor in interest of the applicant, and shall be recorded prior to issuance of any permits for the project;

b.

The deeds to the designated affordable dwelling units shall contain a covenant stating that the applicant or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the city confirming that the price of the units is consistent with the limits established for very low-, low- and/or moderate-income households;

c.

The improvement agency shall have the authority to enter into the affordable housing agreement for the purpose of assuring that the designated affordable dwelling units are continuously occupied by eligible households.

4.

The city planner may require additional information if deemed necessary to enable the planning commission to determine whether the affordable housing agreement is consistent with the objectives of the general plan and any applicable specific plan.

D.

Review by the Planning Commission.

1.

The planning commission shall hold a public hearing on an application for an affordable housing agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the affordable housing agreement is consistent with the required findings for approval as set forth in paragraph E of this section.

E.

Required Findings for Approval. Prior to taking an action to approve or recommend approval of an affordable housing agreement, the reviewing authority shall determine that all of the following findings can be made.

1.

The proposed affordable housing agreement is consistent with the maps and policies of the general plan and any applicable specific plan.

2.

The proposed affordable housing agreement will promote achievement of the goals of the Housing Element to provide affordable housing to eligible households.

3.

The proposed affordable housing agreement complies with the applicable requirements of the Development Code and state law pertaining to affordable housing incentives.

F.

Ongoing Review.

1.

The Improvement Agency shall periodically review all approved affordable housing agreements to determine whether the applicant or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement.

2.

The improvement agency may require that the applicant submit documentation, along with an application form and review fees as established by the city council, to provide for periodic compliance reviews.

G.

Amendments. Any amendments to a previously-approved affordable housing agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in the approved agreement.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The zoning clearance procedure is intended to ensure that a proposed use of land and/or building(s), or the minor alterations of land and building(s) within the city, meet the requirements of the Development Code and, if applicable, the conditions of approval for a previously approved permit.

B.

General Provisions.

1.

A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a zoning clearance include, but are not limited to establishment of a new use within an existing building in conjunction with obtaining a business license; individual homes on lots of record; and minor additions to structures or lots, including patio covers, pools/spas and detached accessory structures.

2.

In no case shall a zoning clearance be issued for a use other than a use permitted within that zone district.

3.

Approval of a zoning clearance shall be by administrative review without public notice.

C.

Application Procedure.

1.

A request for a zoning clearance may be submitted on a form provided for that purpose by the planning division, along with the required fee as established by the city council. Alternatively, a zoning clearance may be obtained through the plan check process through routing and approval by the planning division of construction plans, where applicable.

2.

The city planner may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance.

3.

A zoning clearance shall be filed by the owner of the subject property or his or her authorized agent.

D.

Review Criteria. A zoning clearance shall be approved provided that the proposed use of land or structures meets all of the following criteria.

1.

The use is permissible under the present zoning on the land and does not require additional land use entitlements such as a conditional use permit or plot plan review;

2.

The use is consistent with the policies and maps of the general plan;

3.

The use complies with all applicable terms and conditions of any existing entitlement;

4.

The use meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or has been deemed to be legally non-conforming with respect to these standards; and

5.

There are no violations of the Municipal Code existing on the subject property.

E.

Effective Period of Zoning Clearance Approval. A zoning clearance verifies that a specified use or structure is consistent with the Development Code, zoning map and applicable city ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable Code provisions, may invalidate the zoning clearance.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The minor modification process provides a means of reviewing requests for proposed changes to approved development plans and/or existing approved development projects which, as determined by the city planner based upon the criteria specified in paragraph E of this section, are minor in nature and which are in substantial conformance with previously approved entitlements, conditions of approval, and zoning regulations applicable to the property.

B.

Application Procedure.

1.

An application for a minor modification meeting the criteria specified in paragraph D of this section shall be filed prior to the commencement of any construction related to the modification.

2.

A minor modification shall be filed by the owner of the subject property or his or her authorized agent.

3.

A request for a minor modification shall be submitted on a form provided for that purpose by the planning division, along with the required fee established by the city council.

4.

The city planner may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor modification.

C.

Notice Procedure. Approval of a minor modification shall be by administrative review without public notice.

D.

Applicability. The minor modification procedure may be utilized for the following types of revisions to previously approved development projects:

1.

To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;

2.

To allow minor changes to approved building footprint(s) within the buildable area of a project site, which do not enlarge the total building area by more than twenty-five percent (25%) of the total floor area, or no more than five thousand (5,000) square feet, whichever is less, provided that such addition does not exceed allowable lot coverage;

3.

To allow minor reconfiguration or striping of parking lots which will not decrease the number of parking spaces for an approved project;

4.

To allow minor changes in building materials and colors for an approved project, which do not substantially change the overall design of the theme or character of the building;

5.

To allow the addition of minor accessory structures to an approved project, provided that such structure(s) will not increase the total building area by more than twenty-five percent (25%), or no more than five thousand (5,000) square feet, whichever is less, provided that such addition does not exceed allowable lot coverage;

6.

To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition, provided that the intent and purpose of such original condition is fully met; or

7.

Other requests similar to the above minor modifications, as determined by the city planner.

E.

Review Criteria. A minor modification may be approved provided that the proposed modification meets all of the following criteria.

1.

The modification is listed under paragraph D of this section above and does not require additional land use entitlements such as a conditional use permit or plot plan review;

2.

The modification is consistent with the policies and maps of the general plan;

3.

The modification complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;

4.

The proposed structure or addition meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or the requested modification is to a legal non-conforming use or structure pursuant to Section 17.03.320; and

5.

There are no violations of the Municipal Code existing on the subject property.

F.

Approval Requirements.

1.

If the minor modification applies to a previously approved plan for which there is an uninaugurated plot plan review or conditional use permit, the minor modification shall be commenced within the same time period as approved for the plot plan review or conditional use permit.

2.

If the minor modification applies to an existing development for which there is not an uninaugurated approval, the minor modification shall be commenced within twelve (12) months from the effective date of the decision, except as otherwise specified in the decision. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the decision.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

Editor's note— Ord. No. 2022-503, § 4(Exh. 1), adopted August 15, 2022, repealed § 17.03.260 which pertained to large family day care and derived from Ord. 2003-333, adopted 2003; and Ord. No. 2011-417, adopted December 12, 2011.

A.

Purpose. The purpose of the home occupation permit provisions is to permit the establishment and operation of businesses within the home, in such a way as to minimize any impacts of such businesses on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence of the surrounding neighborhood.

B.

General Provisions.

1.

No home occupation may occur and no permit for a home occupation shall be issued unless the procedures and criteria specified in this section are satisfied.

2.

If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the city.

3.

Home occupation permits are valid only for the person(s) and residence approved by the city and are nontransferable.

4.

The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.

5.

The operator of a home occupation shall obtain and maintain a current business license from the city.

C.

Application Procedure.

1.

An application for a home occupation permit shall be filed with the planning division, along with a fee as established by resolution of the city council.

2.

The review procedure shall be administrative review, pursuant to Section 17.03.020.A. of this chapter. The city planner or designee shall be the reviewing authority, however, the city planner may refer the application to the planning commission pursuant to Section 17.03.080.A. of this chapter.

D.

Mandatory Conditions of Operation.

1.

No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation is such a manner as to change the residential character and appearance of the dwelling, or in similar manner as to cause the structure to be recognized as a place where a home occupation is conducted.

2.

A garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of one covered parking space.

3.

There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation.

4.

A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible or otherwise noticeable, outside the dwelling unit the dwelling unit structure. There shall be no outdoor storage of materials or equipment relating to the home occupation, nor shall merchandise be visible from outside the home. For purposes of interpreting this paragraph, an attached or detached garage shall be considered as part of the dwelling unit.

5.

No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other devise outside the dwelling unit structure, or causes fluctuation in the line voltage outside the dwelling unit structure.

6.

The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters, which serve only the home occupation, shall not be permitted.

7.

No more than one employee other than a resident of the dwelling shall be employed on the premises of a home occupation, other than the personal attendant of a disabled resident business owner or employee.

8.

There shall be no greater number of customers, clients, or visitors coming to the residence for purposes of the home occupation than the number of visitors typically expected to visit a residence in which a home occupation is not being conducted.

9.

The point of sale for products or merchandise shall not be from residential premises.

10.

The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.

11.

No vehicles or trailers except those normally incidental to a residential use shall be parked so as to be visible from the public right-of-way.

12.

The home occupation shall not affect nor reduce the parking spaces required by the Development Code.

13.

Home occupations shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses. No deliveries may originate from or be made to the premises except during the hours of nine a.m. to five p.m.

14.

Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.

15.

No mechanical or construction equipment which is not typically found in residential districts shall be stored on the premises. Warehousing of goods, wares or merchandise shall be prohibited.

16.

There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or that disturb the peace.

17.

No home occupation shall include the sale or storage of fire arms, ordnance, ammunition or other weapons which are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation.

18.

No signs relating to the home occupation shall be allowed.

E.

Additional Conditions for Mobile Businesses. Home occupation permits for mobile business may be permitted, provided that the mobile business is operated pursuant to the mandatory conditions of operation described above in paragraph D, in addition to the following conditions which specifically apply to mobile businesses:

1.

The service provided by the mobile business must be in compliance with the zone in which the work is performed.

2.

The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.

3.

Any automotive related services shall be limited to cleaning, detailing, and minor replacement or repair to glass and/or accessory parts; no mobile business operating under a home occupation permit shall be permitted to conduct auto repair, auto body or engine work.

4.

No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.

5.

No work shall be conducted on city-owned property, including parks, parking lots, or public rights-of-way.

F.

Determination by the Approval Authority. In evaluating a request for a home occupation permit, the city planner shall determine that the applicant has agreed to comply with all applicable requirements as contained in paragraphs D and E of this section. Based on compliance with applicable codes and ordinances the city planner may render a decision, and shall clearly state, in writing, any conditions of approval for the project or the reasons for denial.

G.

Periodic Review by City Planner. The city planner may periodically review any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner, which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the city planner deems that there is sufficient evidence to warrant a full examination, then a public hearing date may be set.

H.

Modification or Revocation by the City Planner.

1.

If the city planner determines that the home occupation is not being conducted in compliance with the requirements of this section, the city planner shall notify the operator of the home occupation of the date for a hearing on the operator's compliance with this section. Such notice shall be sent by certified mail and shall state that the city planner will be reviewing the home occupation permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with Section 17.03.030 of the Development Code.

2.

The city planner shall fully investigate the evidence and prepare a report regarding the reported violation of the home occupation permit requirements. A copy of the report shall be sent to the operator of the home occupation business. Upon conclusion of the hearing, the city planner shall make on the following determination and take such accompanying action:

a.

Find that the home occupation permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or

b.

Find that the home occupation permit is not being conducted in an appropriate manner and impose modifications to conditions as are determined to be necessary to bring the use into compliance with applicable regulations; or

c.

Find that the home occupation permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the city planner may revoke the home occupation permit and order the operation to cease and desist in the time specified by the city planner.

I.

Lapse of Approval.

1.

A home occupation permit approved under the provision of this section shall become null and void upon expiration of a business license issued in conjunction with the home occupation permit and will require the filing of a new application, including applicable fees, with the city if the use is recommenced.

2.

Where a home occupation permit has been nullified pursuant to paragraph 1 of this Section 17.03.270.I, a new application for the same or substantially the same use on the same site may be filed immediately.

J.

New Application Following Denial. Following the denial or revocation of a home occupation permit, no application for a home occupation permit for the same or substantially the same business on the same site shall be filed within one year from the date of denial or revocation.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Purpose and Applicability. The specific plan process is intended to provide a method of comprehensive planning for large scale, mixed-use development projects which are anticipated to be built in successive phases over a longer period of time than is typically granted for other development entitlements. Projects for which a specific plan would be appropriate would generally meet the following criteria:

1.

The project site is not presently served by infrastructure and community services needed to support the proposed development, nor do comprehensive plans to provide these facilities exist.

2.

The proposed mix and intensity of land uses, and their relationship to the project site, warrant consideration of special development standards and criteria beyond those otherwise provided in the Development Code.

3.

Specific development plans for each portion of the subject property are not known at the time of project review, but are anticipated to be submitted subsequently as the project develops in conformance with the approved comprehensive development plan.

4.

Due to the long-term nature of the project and the cost of providing substantial infrastructure improvements, an implementation plan addressing financing, phasing and maintenance of public improvements is necessary to ensure the project is developed in accordance with the general plan.

B.

General Provisions.

1.

A specific plan may be proposed within any zone district(s), provided that the proposed type and intensity of use is consistent with the general plan.

2.

Adoption of a specific plan shall constitute a change of zone. Upon adoption, the official zoning map shall be revised to indicate the approved specific plan and its identification number.

3.

Applications for a specific plan may be accompanied by other applications for entitlements, which may be reviewed concurrently, provided that the effective date of any additional approvals shall be on or after the effective date of the specific plan.

4.

Any application for a specific plan shall be processed in accordance with Government Code Sections 65450 through 65457 and the provisions of this section of the Development Code.

C.

Required Contents of a Specific Plan.

1.

Narrative Report. The purpose of a specific plan narrative report is to describe the proposed development, place it within the regional setting, and provide detailed information necessary for plan review. The report may be organized in any manner necessary to present the required information. The report, however, must be clear, concise, and organized in a logical manner to facilitate review and processing. Maps, tables and graphic illustrations shall be required when appropriate. The required report contents shall be included as set forth in the specific plan application provided by the planning division, and shall include but not be limited to the following information:

a.

Information regarding the property, developer, owner, representatives and consultants preparing the report;

b.

Table of contents, including lists of maps and figures;

c.

A discussion of the nature and intent of the proposed development;

d.

A descriptive analysis of the project site;

e.

Quantified information on the impacts of project build-out;

f.

A development plan for all proposed land uses in the project (including open space);

g.

A description of existing infrastructure, projected improvements needed to serve the project, and a plan for providing needed infrastructure, including community facilities;

h.

A circulation plan for the project;

i.

Development standards applicable to development within the specific plan;

j.

Special design standards applicable to the project, including but not limited to signage, landscaping, fences and walls, lighting, and entry monumentation;

k.

Proposed phasing of the project;

l.

An implementation plan for the project; and

m.

A discussion of how the project conforms to the general plan policies and maps.

2.

Maps. The purpose of specific plan maps is to graphically depict characteristics of the project site, its regional setting, the proposed nature and intensity of development, project phasing, and other pertinent information needed for project review. All required maps must be submitted at a reduced scale suitable for inclusion in the narrative report, as well as at a larger scale suitable for display. Required contents of maps shall be as set forth in the specific plan application provided by the planning division, and shall include but not be limited to the following information:

a.

Existing conditions of the project site, including topography, natural drainage courses, existing structures, roads, easements, uses, zoning and general plan designations;

b.

The proposed development plan, including phasing;

c.

The proposed circulation plan, including phasing; and

d.

Any proposed landscape, design or amenity features.

D.

Review Procedure.

1.

The planning commission shall hold a public hearing on each proposal for a specific plan. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. The planning commission shall determine whether the specific plan is consistent with this Development Code and with the general plan, and may recommend to the city council that the specific plan be approved, or approved in modified form by the city council, based on the appropriate findings as contained in this section. If the planning commission determines that a proposed specific plan is not in conformance with the general plan or that the findings for approval cannot be made, the planning commission may deny the application based upon the findings contained in this section, and their action is final unless appealed, pursuant to Section 17.03.110.

2.

Upon recommendation of the planning commission on a proposed specific plan, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. Following the closing of the public hearing, the city council shall make specific findings as to whether the specific plan is consistent with the Development Code and general plan. The city council may adopt the specific plan by ordinance or by resolution, based upon the appropriate findings as contained in paragraph E of this section.

E.

Required Findings for Approval. Prior to approving a specific plan, all of the following findings supported by adequate evidence shall be made by the city council:

1.

The distribution, location and extent of land uses, including open space, as depicted in the specific plan is consistent with the general plan;

2.

The specific plan provides for adequate public infrastructure and services needed to support the land uses described in the plan, meaning the proposed distribution, location, extent and intensity of transportation, sewage, water, drainage, solid waste disposal, energy, parks, community facilities and other essential facilities;

3.

The standards and development criteria, including requirements for resource utilization, will ensure that development proceeds in an orderly fashion and maintains a high level of quality;

4.

The specific plan contains implementation measures, including financing programs, to ensure that development is supported by adequate infrastructure as it occurs;

5.

The site is suitable for the type and intensity of development proposed; and

6.

The flexibility in development standards afforded by the specific plan process has resulted in a project providing more superior design and amenities than would occur under more traditional zoning practices, and the project provides clear and substantial benefit to the City of Big Bear Lake.

F.

Amendments and Modifications to Approved Specific Plans. Unless otherwise set forth within the specific plan, amendments or modifications to an approved specific plan shall be processed as follows:

1.

Minor Revisions. A revision or modification to an approved specific plan, including but not limited to minor density transfers, minor adjustments to the alignment of roadways or utilities, minor modifications to landscaping, wall materials or streetscape design, which will not increase or change the use or intensity of the site, may be acted on by the city planner upon submittal of an application, required materials and applicable fees for a minor modification, pursuant to Section 17.03.250.

2.

Amendments or Major Revisions. Any request for a revision or modification to an approved specific plan which, in the opinion of the city planner, does not constitute a minor revision will be processed as a major revision in the following manner:

a.

An amendment or major revision to the text of an approved specific plan will be processed using the application procedures, review process and findings for approval as set forth for development code amendments in Section 17.03.200, in addition to the finding contained in Section 17.03.280.F.2.c.

b.

An amendment or major revision to the land use map or land use exhibits of an approved specific plan will be processed using the application procedures, review process and findings for approval as set forth for zone changes in Section 17.03.190, in addition to the finding contained in Section 17.03.280.F.2.c.

c.

Any approval of an amendment to a specific plan text or map shall also be based upon a finding that such amendment conforms to the intent and applicable goals and policies of the specific plan.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The purpose of this section is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, to minimize any adverse effects on surrounding properties and the environment, and to ensure that the temporary use is removed in a timely manner and the site restored to its original condition.

B.

Uses Allowed by Temporary Use Permit.

1.

Any temporary use specifically allowed in a zone district, pursuant to issuance of a temporary use permit.

2.

Construction staging area, which shall mean the temporary use of property by a licensed contractor engaged on a permitted construction project for storage of construction equipment and materials, only for the duration of the construction project.

3.

Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.

4.

Seasonal activities, including the retail sale of agricultural products prior to holidays, such as Christmas trees or pumpkins, haunted houses or other similar events.

5.

Temporary structures for specific uses and time periods. Such structures may include manufactured or modular buildings, trailer coaches, self-contained recreational vehicles, or similar temporary facilities for uses including the following:

a.

Temporary construction offices on active construction sites;

b.

Temporary sales offices for residential, time-share or condominium projects;

c.

Caretaker's or security guard's residence or office on active construction sites;

d.

Temporary residence for a property owner for use during construction of a permanent residence on the property;

e.

Tanks, pumps and similar structures for groundwater quality remediation;

f.

Portable information carts/booths, which shall mean small structures that do not have a permanent foundation which may be relocated from place to place and are utilized only to display and provide information, such as pamphlets and brochures on local activities, lodging and restaurants, of a general nature and as a benefit to visitors and the general public

g.

Temporary storage containers for use on active construction sites only; and

h.

Other temporary uses determined by the city planner to be similar in nature and intensity to the above listed uses.

C.

General Provisions.

1.

Temporary uses shall be established only in those zone districts where temporary uses are expressly permitted or conditionally permitted.

2.

A temporary use or structure as defined in this section which does not have a valid and current temporary use permit as specified herein is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.

3.

Permission of the property owner or authorized agent shall be provided to the city with each request for a temporary use permit.

4.

The reviewing authority may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, sanitary facilities, refuse collection and disposal, fire protection, provision of utilities, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed temporary use.

5.

Unless otherwise specified by an approved temporary use permit, all sites for temporary uses shall be cleaned of trash, debris and any temporary structures within five days after the termination of the use.

6.

The city may require a cash deposit or other security as approved by the city attorney to defray the costs of cleanup of a site by the city, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or conversion of any temporary use to a permanent use allowed in the subject zone district.

7.

A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this section, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this section which allow such temporary uses or structures.

8.

Other uses and activities similar in scope and nature to the temporary uses listed in this section may be permitted subject to the procedures that would apply to the temporary use most similar in scope and nature, as determined by the city planner.

D.

Application Procedure.

1.

A request for a temporary use permit shall be submitted to the planning division on a form provided for that purpose by the planning division, along with the required fee established by resolution of the city council.

2.

The city planner may require additional information where deemed necessary to complete the city's review and evaluation.

E.

Approval Authority. The reviewing authority for temporary use permits shall be the city planner or his/her designee. The city planner may refer a temporary use application to the planning commission as specified in Section 17.03.080.A.

F.

Notice Procedure. Approval of a temporary use permit shall be by administrative review without public notice.

G.

Conditions for Temporary Uses.

1.

Temporary Structures.

a.

Number and duration. One temporary structure per site may be allowed for a period of up to one year initially, with an option for a one-year extension of time, not to exceed a total of two years. One or more additional temporary structures may be approved for construction projects by the reviewing authority based upon special circumstances related to the development including, but not limited to size, location or complexity of the project.

b.

Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size.

c.

The applicant shall provide evidence of a valid vehicle license of registration and State Division of Housing approval for any trailer coach as prescribed in the Health and Safety Code of the State of California.

d.

The temporary structure installation shall meet all applicable requirements and regulations of the building and safety department and fire department.

e.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the improvements authorized by the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, temporary structures shall be removed from the site.

2.

Stockpiling.

a.

No stockpiling shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.

b.

Stockpiled material should not exceed a height of seven feet, and should be evenly spread, except as otherwise approved. No material shall cover the trunk of any tree above ground level, or be placed within the dripline of any tree.

c.

The location of stockpiled material shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.

d.

During placement or removal of stockpiled materials, appropriate traffic control measures shall be taken, as determined by the city engineer. Truck access to the stockpiling area from adjacent right-of-way shall be approved by the city engineer.

e.

The applicant shall be required to submit a stormwater pollution prevention plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the city engineer.

f.

Dust control measures shall be implemented during stockpiling or removal operations as deemed necessary by the city engineer.

g.

Erosion control measures on stockpiled materials shall be implemented as determined necessary by the city engineer.

h.

Approval of a temporary use permit for stockpiling may be granted for an initial period of up to six months. One extension of time may be granted, not to exceed an additional six months.

i.

The city may require surety, as approved by the city attorney and city engineer, to guarantee removal of stockpiled material prior to expiration of the temporary use permit allowing such stockpiling.

3.

Construction Staging Area.

a.

Hours of operation at construction staging areas shall be from seven a.m. to seven p.m. Monday through Friday except as otherwise authorized in the temporary use permit. In areas adjacent to residences and/or commercial lodging facilities, these hours may be modified to limit noise impacts on these uses. Weekend hours may be allowed by the reviewing authority on a case-by-case basis, provided that impacts to surrounding properties are considered.

b.

No staging area shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.

c.

Any stockpiled material within the staging area shall not exceed a height of five feet, and should be evenly spread. No material shall cover the trunk of any tree above the ground level, or be placed within the dripline of any tree.

d.

The staging area shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.

e.

Appropriate traffic control measures shall be taken, as determined by the city engineer. Truck access to the area from adjacent rights-of-way shall be approved by the city engineer.

f.

The applicant shall be required to submit a stormwater pollution prevention plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the city engineer.

g.

Dust control and erosion control measures shall be taken as deemed necessary by the city engineer.

h.

Staging area shall be secured with approved fencing and/or barriers to the prevent access by the general public to construction equipment and materials, as deemed necessary by the building official to protect public health and safety.

i.

All applicable agency approvals shall be required for any storage of hazardous materials, and applicant shall comply with applicable requirements of all agencies having jurisdiction over these materials.

4.

Groundwater Quality Remediation Equipment.

a.

All above ground structures shall meet the applicable setbacks of the zone district.

b.

The remediation system shall be allowed for an initial period of time not to exceed twenty-four (24) months. An extension of time may be granted based on a determination by the regional water quality control board that additional remediation is necessary.

c.

Equipment shall be screened from public view in an attractive manner.

d.

Adequate noise attenuation shall be provided to ensure that noise levels at the property line meet general plan guidelines.

5.

Seasonal activities, subject to the following requirements:

a.

Zoning. Permitted only on non-residentially zoned properties.

b.

Christmas tree sales shall be limited to the period of time between November 15 and December 25, both dates inclusive. No structures, including but not limited to poles, fences, lights, spray booths, and sheds, shall be erected or maintained on the site, and no Christmas trees shall be delivered to or remain on the site, sooner than the Saturday prior to November 15 or later than December 31.

c.

Sales of pumpkins from pumpkin lots shall be limited to the period of time between September 15 and October 31, both dates inclusive. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no pumpkins shall be delivered to or remain on the site, sooner than the Saturday prior to September 15 or later than November 5.

d.

Operation of haunted houses shall be limited to the period of time between October 1 and November 1, both dates inclusive. Haunted houses shall only be permitted in permanent buildings with appropriate occupancy rating, as determined by the Building and Safety and Fire Departments. Any temporary interior modifications are subject to approval of permits and inspections by the Building and Safety and Fire Departments.

H.

In approving any temporary use permit application; the reviewing authority must make all of the following findings.

1.

The use is consistent with the general purposes of the general plan and this section and the specific provision of the zoning district in which the site is located and any other applicable codes and policies.

2.

Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects of adjacent properties.

3.

The operation and maintenance of the use will be conducted in a manner compatible with existing uses on adjoining properties and surrounding area.

4.

The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for pedestrian safety.

5.

All structures and equipment are erected and maintained in compliance with the City of Big Bear Lake Municipal Code.

6.

The subject site will be restored to its original or better condition upon termination of the temporary use.

I.

Termination of Temporary Uses.

1.

Prior to issuance of any grading or construction permits for temporary uses, the applicant shall submit verification in writing to the city that he or she has read and agrees to all the requirements of the temporary use permit, including the time limits for operation as specified in the approval. No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this section. If no maximum time period is specified in this section for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.

2.

If the city planner determines that a temporary use which is being operated pursuant to a temporary use permit is being conducted in violation of this Code or the terms and conditions of such permit, the city planner shall provide notice and an opportunity for a hearing to the permit holder before making a decision to revoke or not revoke the permit. After setting a date for a public hearing, the city planner shall notify the applicant and owners of the temporary use permit in question. Such notice shall be sent by certified mail and shall state that the planning commission will be reviewing the temporary use permit for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this chapter. If the planning commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the planning commission may revoke the permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

Editor's note— Ord. No. 2012-422, § 4, adopted Dec. 10, 2012, repealed § 17.03.300, which pertained to special event permits and derived from Ord. 2003-333 § 4 (Exh. A (part), 2003); Ord. No. 2011-417, § 4(Exh. A), 12-12-2011.

Editor's note— Ord. No. 2021-488, § 5(Exh. A), adopted January 11, 2021, repealed § 17.03.310, which pertained to transient private home rentals and derived from Ord. 2003-333 § 4 (Exh. A (part), 2003); Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2020-484, § 4(Exh. 2), 9-14-2020.

Editor's note— Ord. No. 2021-488, § 5(Exh. A), adopted January 11, 2021, repealed § 17.03.315, which pertained to enforcement of transient private home rental provisions and derived from Ord. 2007-375 § 5, 2007; Ord. No. 2011-417, § 4(Exh. A), 12-12-2011.

A.

Purpose and Intent. The city's intent in adopting the provisions of this Development Code is to ensure that new and existing land uses and structures are brought into conformance with the goals and policies of the general plan. The eventual elimination of existing nonconforming uses and structures benefits the health, safety and welfare of the community, protects property values, promotes economic development, and protects residential neighborhoods, by abating substandard structures and promoting compatibility of land uses within zone districts.

Notwithstanding the benefits of eliminating nonconformities, the city recognizes the financial investments, which may have been made in nonconforming properties, and the rights of individual property owners to yield a fair return or amortization from those investments. In addition, the city recognizes that the continuation of certain nonconforming conditions may not be detrimental to adjacent uses or properties, or the community in general, and that provisions are needed to allow for full use of nonconforming properties in these cases.

Based on these considerations, the intent of this section is to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. While permitting the continued use and maintenance of legal nonconforming structures, this section is intended to limit their continued number and extent by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Development Code, and by prohibiting their restoration after destruction. It is also the intent of this section to establish regulations and procedures which ensure that the elimination of nonconforming uses and structures occurs as expeditiously and as fairly as possible, while avoiding any unreasonable limitations on established property rights.

B.

General Provisions.

1.

No property in the city shall be used for any purposes other than those permitted in the zoning district in which the property has been classified, except as provided in this section.

2.

An existing use shall be deemed a "legal nonconforming use" if, prior to its establishment, the required permits were obtained or if the use was in compliance with codes and ordinances in existence at the time of establishment. Structures and uses not having acquired the permits required at the time of construction or establishment shall be considered "illegal."

3.

Illegal uses or structures have no vested rights. Any use or structure which has been unlawfully established and which does not conform to the use provisions or development standards of the zone district in which it is located is in violation of the city's Development Code, and shall be deemed a public nuisance and shall be subject to all available measures for abatement and correction of the code violation(s) pursuant to the Municipal Code.

4.

Any portion of a legal nonconforming structure or use that is altered or changed to a conforming structure or use may not thereafter be used for a nonconforming use.

5.

Routine maintenance and repairs, such as painting, plumbing repair, and similar work, may be performed on a legal nonconforming use or structure to ensure the protection of public health, safety and welfare. All nonconforming uses and structures are subject to all applicable property maintenance and substandard building codes and ordinances. Alterations and repairs that are necessary to maintain public health, safety and welfare, as determined necessary by the chief building official, may be performed on a nonconforming use or structure subject to all applicable codes and regulations.

6.

Nothing in this section shall prohibit the establishment of special regulations for specific nonconforming uses and structures regulated by other sections of the Development Code. Such regulations may provide for the retirement or amortization of those specific uses and structures.

7.

When a building or structure is relocated to another site, it shall be made conforming in all respects with the provisions of the Development Code and all other applicable laws and regulations.

C.

Continuation of Nonconforming Uses and Structures.

1.

A use lawfully occupying a structure or a site, that does not conform with the use provisions and development standards for the zone district in which the use is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this section.

2.

A structure lawfully occupying a site that does not conform with the development standards contained in the Development Code, including but not limited to standards for front yards, side yards, rear yards, height, lot coverage, distances between structures, and parking facilities for the zone district in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained, except as otherwise provided in this section.

3.

Notwithstanding the provisions of paragraphs C.1 and C.2 above, if any legal nonconforming use or structure is determined to be operated and/or maintained in such a manner as to be a nuisance, a blighted property, or a direct and substantial detriment to the right of other properties in the vicinity, then the nonconforming use or structure may be subject to the abatement and/or amortization provisions of this section.

4.

Any one of the following occurrences shall immediately terminate the right to maintain and/or operate a nonconforming use or structure except as otherwise provided in this section:

a.

Changing a nonconforming use to a use not permitted in the zoning district;

b.

Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity; or

c.

The addition to a nonconforming use of another use not permitted in the zoning district.

D.

Existing Approvals.

1.

Approved entitlements to use existing structures and/or property. Nothing in this section shall be deemed or construed to prevent the ultimate use of a project site, which has been approved or conditionally approved by the city prior to the effective date of this Development Code or any amendment thereto, provided that the use has been established as of such effective date.

2.

Facilities Under Construction. Nothing in this section shall be deemed or construed to prevent the completion and use, in accordance with this section, of any building or structure under construction before the effective date of this Development Code or any amendment thereto, provided that all of the following conditions exist:

a.

That such construction or the proposed use of such building or structure is not, at the effective date, in violation of any other law or regulation.

b.

That the applicable grading and building permits have been issued and that substantial construction of such building has been performed and substantial liabilities have been incurred in good faith reliance on such permits. For the purposes of this section the issuance of a grading permit alone shall not constitute a vested right to develop and where the grading plan would result in a non-conformity, said permit shall be null and void on the effective date of this section.

c.

That all applicable permits remain valid, reasonable progress toward completion is being made and that work has not been ceased for a continuous period of more than one hundred eighty (180) days.

3.

Time Extensions. Time extension applications filed or under consideration after the effective date of the Development Code or any amendment thereto, shall be subject to the procedures, standards and regulations contained within this Development Code, as amended from time to time, on the date such application is approved.

E.

Exceptions to Nonconforming Status.

1.

Public utility facilities and uses. Nothing in this section pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment and facilities; provided, that there is no change or increase of those areas to be occupied by such uses.

2.

A nonconforming structure, which is determined by the city council to have historic or cultural value to the community may be deemed to be exempt from the requirements of this section regarding elimination of nonconforming uses and structures, and such structure may be maintained, rehabilitated, and expanded pursuant to applicable codes and ordinances.

F.

Abandonment of Nonconforming Uses and Structures.

1.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of one year or more, the nonconforming use shall not be reestablished, and the use of the site thereafter shall be in conformity with the zone district and development standards for the zone in which it is located. This section may not apply to nonconforming dwelling units. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume said nonconforming use at some future time.

2.

Loss of right to nonconforming parking. All nonconforming rights related to parking shall be lost if the primary structure on the lot is demolished. Rights shall not be lost if a building is merely vacated.

3.

Abandonment/revocation of rights through nuisance, blight or detrimental effect upon adjoining, abutting or adjacent property. Any nonconforming use which is operated in such a way as to be a nuisance or a direct detriment to adjoining, abutting or adjacent properties or which is neglected to the point of being a blight on the community may be considered to have had its nonconforming rights abandoned, provided that the following process occurs:

a.

A fully noticed public hearing shall be held before the planning commission; and

b.

The planning commission, or city council on appeal, shall find that:

(1)

The use adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area; or

(2)

The use jeopardizes or endangers the public health or safety; or

(3)

The use constitutes a direct and substantial detriment to surrounding uses by repeated adverse activities and incidences, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning), excessive noise, traffic violations, curfew violations, lewd conduct or police detentions and arrests; or

(4)

The uses cause repeated violations under Public Health and Safety Code, Title 8 or Title 9; and

(5)

The owner or operator has been unwilling or unable to eliminate the adverse activities, if any.

c.

If it finds that conditions and/or modifications of the use will be ineffective in eliminating the adverse activities, the planning commission, or city council on appeal, shall revoke only the nonconforming rights to the use.

d.

Continuation of any use after abandonment or revocation pursuant to this subsection shall constitute a violation of this section and shall be penalized as provided for in the applicable sections of the Municipal Code.

G.

Provisions for Legal Nonconforming Residential Uses and Structures.

1.

Legal nonconforming primary residential uses may be continued and expanded if they meet all of the following conditions:

a.

The use shall not have been discontinued for a continuous period of one year or more.

b.

Any proposed expansion (including but not limited to room additions, carports, garages and accessory structures) shall not increase the nonconformity of the structure or use, and shall conform to all applicable codes and ordinances.

c.

There shall be no increase in residential density (units per acre) as a result of the proposed expansion.

d.

There shall be no increase in the overall site area of the nonconforming use.

e.

No residential dwelling shall be deemed nonconforming solely because it does not meet required side yard setbacks, provided that it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.

f.

Approval for the alteration of a legal nonconforming residential use or structure shall be obtained through a minor modification pursuant to Section 17.03.250 for any expansion of less than twenty-five percent (25%) of the original floor area, or through approval of a plot plan review by the planning commission pursuant to Section 17.03.160 for any alteration greater than twenty-five percent (25%) of the original floor area.

g.

For residential uses which are nonconforming as to parking, the addition of new dwelling units shall require the provision of additional parking spaces for the new dwelling units as well as to meet the parking requirements of existing units, in accordance with the standards for new construction.

2.

Legal nonconforming accessory uses in residential zones shall meet the following requirements:

a.

Animal uses. Any legal nonconforming use involving the keeping of animals in residential zones may be maintained if the use is not discontinued.

b.

Fences. Nonconforming fences within any street-yard setback area of a residentially zoned property shall be deemed to be legally nonconforming if they meet all of the following requirements:

(1)

Fencing material shall be open so as not to obstruct views above forty-eight (48) inches from the ground level;

(2)

Fencing material shall be of decorative construction, including but not limited to wood, tubular steel, wrought iron, decorative masonry block, or a combination of these and similar materials (not to include chain-link fencing);

(3)

Fence shall not encroach into the public right-of-way;

(4)

Fence shall not obstruct vehicle sight distance at intersections and driveway approaches;

(5)

Fence shall not obstruct snowplows during snow removal operations.

c.

Parking. No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking requirements, provided that it complies with the parking requirements in effect at the time a building permit was issued for its construction.

H.

Non-residential Nonconforming Uses and Structures.

1.

Parking.

a.

A use with nonconforming parking may change to another use without adding parking, except that if the new use would require more parking than the existing use, then the applicant must add parking equal to the difference between the parking requirement of the existing use and that of the new use (net change in parking intensity).

b.

A use which is consistent with the zone district but which is nonconforming with respect to adequacy of parking may be expanded, provided that parking is provided for the expansion area in conformance with the parking requirement in effect at the time of said expansion.

2.

Alterations and Expansions of Nonconforming Non-Residential Structures When the Use is Consistent With the Zone District.

a.

Alterations to the exterior of a nonconforming structure when the use is conforming, and when there is no expansion of floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.

b.

Alterations and/or expansions of a nonconforming structure and/or site when the use is conforming that involve expansion of no more than twenty-five percent (25%) or five hundred (500) square feet, whichever is less, in floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.

c.

Alterations and/or expansion of a nonconforming structure and/or site when the use is conforming that involve expansion of greater than twenty-five percent (25%) in floor area or site area may be permitted by plot plan review approval, pursuant to Section 17.03.160.

d.

For any proposed expansion of a nonconforming structure or site, where the use is conforming, of fifty percent (50%) or more of the floor area or site area, the city may require that the entire site be brought into conformance with applicable development standards and policies, to the extent these improvements can be reasonably accommodated on the site. For such expansions of less than fifty percent (50%), the city may require that the expansion area(s) be improved in compliance with applicable standards and policies.

e.

A nonconforming building or structure which conforms as to use and complies with the building code, including the issuance of all necessary permits, but which does not conform to the development standards for the district within which it is located, may be altered, added to or enlarged only to the extent that such alteration, addition or enlargement and the use and occupancy thereof fully complies with the applicable development standards for the district within which it is located and with all other applicable regulations.

f.

Accessory structures. Whenever a nonconforming structure is modified pursuant to this section, the city may require that nonconforming accessory structures and uses on the site be brought into conformance with applicable standards and policies. This includes but is not limited to trash enclosures, fences and walls, outdoor storage areas, exterior lighting, storage buildings and removal of unpermitted storage containers. This does not pertain to non-conforming signs, which are governed by Chapter 17.12.

3.

Provisions for Nonconforming Non-Residential Uses.

a.

In order to encourage and promote the conversion of nonconforming nonresidential uses to those which conform with the general plan and zoning designations, no expansion of these uses shall be allowed with respect to either site area or floor area, and no building expansions shall be permitted for these uses, except as provided in this section.

b.

Any proposed alteration to a structure or site in which a nonconforming nonresidential use is located shall require approval of a conditional use permit by the planning commission pursuant to Section 17.03.170. In addition to the findings for conditional use permit listed in Section 17.03.170.E, the planning commission shall make all of the following findings in approving any alteration to a nonconforming nonresidential use, or to a structure in which such use is located:

(1)

The proposed alteration will not prolong the normal remaining life of the nonconforming use.

(2)

The proposed alteration of the nonconforming use will not be detrimental to or prevent the attainment of goals, objectives, and policies specified in the general plan.

(3)

The proposed alteration will not be detrimental to public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.

(4)

The proposed alteration will not change the primary use of the land or increase the intensity of that use.

(5)

The existing nonconforming use and proposed alteration comply with all other applicable city policies, codes and ordinances regulating operation of such uses.

c.

In approving a conditional use permit for alteration of a nonconforming nonresidential use, the planning commission may add conditions which it deems necessary and reasonably feasible to ensure that the nonconforming use is operated in a manner compatible with adjoining properties and the surrounding area and which are needed to reduce any adverse impacts from traffic, noise, light and glare, hours of operation, loading, screening of storage and refuse areas, or other aspects of site design and/or operation of the nonconforming use.

d.

Any use which was originally established in a zone district by right and has since been reclassified as a use permitted by conditional use permit in that district shall obtain a conditional use permit prior to the expansion of the use or any structure related to the use. For the purposes of this section, an application to change an alcoholic beverage license to expand the range of beverages sold shall be considered an expansion of that use.

I.

Repair and Restoration of Nonconforming Structures.

1.

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if the expense of the restoration exceeds fifty percent (50%) of the replacement cost of the structure at the time the construction is proposed. Any nonconforming structure, or structure occupied by a nonconforming use which is partially destroyed may be restored, provided that restoration is started within one hundred eighty (180) days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure or structure occupied by a nonconforming use is damaged in excess of fifty percent (50%) of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform to all the regulations of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be cured.

2.

Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the planning commission, subject to appeal to the city council. The burden of proof shall be on the owner to demonstrate by a preponderance of the evidence that the cost of repairs is less than fifty percent (50%) of the replacement cost of the structure.

3.

Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the uniform construction codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of the repair or rebuilding.

4.

Whenever a nonconforming structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

5.

In accordance with Government Code Section 65852.25(a), the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling, which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. Any reconstruction performed pursuant to this paragraph shall conform to the city's adopted construction codes at the time such reconstruction is undertaken.

6.

In accordance with Government Code Section 65852.25(b), the reconstruction, restoration, or rebuilding of a multifamily dwelling may be prohibited if the planning commission determines that the reconstruction, rebuilding, or restoration will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood; or will be detrimental or injurious to property and improvements in the neighborhood; or that the existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted; or that there no longer exists a zone in which the existing nonconforming use is permitted.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Purpose and Intent. The intent of this section is to provide criteria for uses and buildings that are occupied by large retail commercial uses as designated with a footnote in Table 17.35.030.A that are subject to the provisions of Section 17.35.220 (Development Standards for Large Retail Uses). Existing large retail commercial uses and structures that occupy a building or collection of buildings on one parcel or adjacent parcel that exceeds a maximum of forty thousand (40,000) square feet shall be deemed transitional uses and structures.

B.

General Provisions.

1.

Transitional uses and structures for which permits were properly obtained and occupied with large retail commercial uses of greater than forty thousand (40,000) square feet of gross floor area established prior to the adoption of this ordinance may continue to operate and be occupied by large retail commercial uses. A new large retail use may occupy a transitional structure occupied by a large retail commercial use at the time of adoption of this ordinance, as long as there is no expansion of the floor area.

2.

Ordinary maintenance and repairs, such as painting, plumbing repair, and similar work may be performed on transitional structures occupied by large retail uses prior to the adoption of this ordinance.

3.

Alterations to the exterior of transitional structures may be allowed subject to approval of a minor modification, pursuant to Section 17.03.250, provided that there is no expansion of the floor area.

4.

Transitional structures occupied by large retail commercial uses for which proper permits were obtained at the time of adoption of this ordinance that are damaged or destroyed may be rebuilt to the same footprint and gross square footage that existed at the time of adoption of this ordinance. The rebuilding of a damaged or destroyed structure shall comply with the requirements of the Uniform Construction Codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of rebuilding.

a.

The rebuilding of damaged or destroyed transitional structures in compliance with the maximum size for large retail commercial uses and structures provided in Section 17.35.050.A and Section 17.35.220 is strongly encouraged. Any rebuilding of damaged or destroyed transitional structures shall comply with the applicable development standards for the zone district within which it is located and with all other applicable regulations to the extent that these can be accommodated on the site.

b.

A development incentive such as a reduction or waiver of development standards, including but not limited to parking, setback, open space, or architectural requirements may be approved by the reviewing authority when the damaged or destroyed transitional structure is reconstructed in conformance with the size limitations specified in Section 17.35.050.A and Section 17.35.220; and when the reviewing authority finds that such waiver or reduction promotes and maintain Big Bear Lake's unique mountain setting and shopping experience, and does not conflict with the health, safety and welfare of the general public.

5.

Whenever a transitional structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, including Section 17.35.050.A and Section 17.35.220.

6.

Any interpretation of the provisions of this section shall be heard and resolved by the planning commission, subject to appeal to the city council.

(Ord. 2004-344 § 4 (Exh. 4 (part)), 2004)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The purpose and intent of this section is to establish procedures for the installation of wireless communication facilities within all zones in the city.

B.

General Provisions.

1.

Any project that involves the installation, location, design, placement, or modification of a wireless communication facility (as defined in Section 17.02.030 of the Development Code), is required to submit the appropriate land use application accompanied with the following information.

a.

A signed copy of the lease or other authorizations required for the placement of the wireless communication facility at the location proposed, including proof that applicant is authorized to install and operate the proposed wireless communication facility. Such submissions need not disclose financial terms.

b.

A description of the concealment elements associated with the wireless communication facility, including but not limited to painting and shielding.

c.

A report signed by a California licensed professional engineer with expertise in radio communications facilities and the calculation of radio frequency emissions containing the following:

i.

Number and type of proposed antennas.

ii.

The make, model and manufacturer of the proposed antennas.

iii.

A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including the height above grade, materials and lighting.

iv.

The frequency, modulation and class of service.

v.

Transmission and maximum effective radiated power. Direction of maximum lobes and associated radiation.

vi.

A certification that the facility will comply with all applicable standards for radio frequency emissions, including cumulative effects, and a description of the manner in which the radio frequency emissions for the facility were calculated and the results of those calculations.

d.

Noise levels and lighting levels that will be associated with the wireless communication facility.

e.

Specific actions that will be taken to minimize the disruption to persons, property and traffic, and to limit harms to persons and property.

f.

A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by the city planner.

g.

A description of the anticipated maintenance program.

h.

A detailed description of the existing wireless communication facility and of the modifications that are proposed to be made to the existing wireless communication facility; the dimensions and specific location of the wireless communication facility and its elements, including but not limited to any accessory equipment that will be installed. Description must include detail on any excavations and deployment outside the current site including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones.

i.

For modifications to a "tower" or "base station" (as those terms are defined in 47 C.F.R. § 1.40001(b)), written verification from a California licensed professional engineer certifying that the host wireless support structure or structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas and other equipment, extensions and appurtenances associated with the modification, and that the modification will not cause the facility to violate existing fall zone requirements.

j.

A copy of the approval or permit of the base station or tower that is to be modified along with copies of the initial application, and any subsequent modification applications and permits, even if denied, and of any city-required conditions placed on the initial or subsequent permits, such as, but not limited to, safety, setbacks, fencing, landscaping, and concealment or stealth requirements.

k.

Identification of all the conditions that were placed upon the base station or tower which is to be modified, and for any condition where the wireless communication facility after modification will no longer be in compliance, a clear description of the variation from the underlying conditions. To the extent the modification to an existing wireless communication facility includes replacement in the form of "hardening" of the tower or base station, provide analysis by a California licensed engineer as to why this hardening is necessary for an eligible Section 6409(a) collocation, replacement, or removal of transmission equipment, and percentage of the structure that is being replaced.

l.

Vicinity map, including topographic areas, three hundred (300) foot radius from proposed site/facility, residential and school zones and major roads/highways. The distance of the proposed communication facility from existing residentially designated/zoned areas, existing residences, schools, major roads and highways, and all other telecommunication sites and facilities (including other providers' locations) within a one thousand (1,000) foot radius shall be delineated on the vicinity map.

m.

An evidence of needs report detailing operational and capacity needs of the provider's system within the City of Big Bear Lake or immediately adjacent areas. The report shall detail how the proposed communication facility is technically necessary to address current demand and technical limitations of the current system, including technical evidence, if applicable, regarding significant gaps in the provider's coverage and that there are no less intrusive means to address that significant gap.

n.

Photographs and scale drawings showing the proposed site prior to performance of the work proposed, and photo simulations and scale drawings showing the dimensions and locations of the wireless communication facility after the work is performed (multiple photographs should be submitted as required to show all facilities that will be visible at the site).

o.

Statement by the applicant of willingness to allow others to collocate on the wireless communication facility and certifying that such collocation will be available to future applicants for wireless communication facilities, subject to good faith negotiations and technical feasibility.

2.

Renewal. Applications for renewal of an existing conditional use permit for a wireless communication facility shall include the name of the holder of the permit, the date the original permit was granted, whether there have been any changes to the wireless communication facility since the issuance of the original permit, and a certification that the wireless communication facility is in compliance with the existing permit and all applicable statutes, laws, rules, and regulations.

(Ord. No. 2017-454, § 4(Exh. 1, § C), 6-12-2017)

A.

Purpose. It is the policy of the jurisdiction, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

B.

Findings. The federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;

1.

The housing element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;

2.

The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

3.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

C.

Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

D.

Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning, zoning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and building and safety departments.

E.

Requesting Reasonable Accommodation.

1.

In order to make housing available to an individual with a disability, any eligible person as defined in subsection C. may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

a.

Name and address of the individual(s) requesting reasonable accommodation;

b.

Name and address of the property owner(s);

c.

Address of the property for which accommodation is requested;

d.

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

e.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

3.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

F.

Reviewing Authority.

1.

Requests for reasonable accommodation shall be reviewed by the "reviewing authority," using the criteria set forth in subsection G.

2.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection G.

3.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

G.

Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

H.

Written Decision on the Request for Reasonable Accommodation.

1.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection G. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the planning commission.

3.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by subsection F., the request shall be deemed granted.

4.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

I.

Appeals.

1.

Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 2022-506, § 4(Exh. A), 10-3-2022)