Buellton City Zoning Code
CHAPTER 19
08 LAND USE PERMIT PROCEDURES
§ 19.08.010 Purpose of chapter.
This chapter provides procedures for the preparation, filing, processing by the planning department, and the approval or disapproval of land use permit applications. The types of land uses allowed in each zone and the type of land use permit required for each are determined by Chapter 19.02 of this title. Procedures for changing or obtaining relief from the requirements of this title (such as rezonings, variances and appeals) are in Chapter 19.10 of this title.
(Prior code § 19.08.010; Ord. 94-13, 1994)
§ 19.08.020 Multiple land use permit applications.
When the planning department receives applications for two or more land use permits described by this title that relate to the same development project, and the individual applications are under the separate jurisdiction for final decision, all of the applications shall be submitted as follows:
A.
If the separate applications are under the jurisdiction of, and involve a final decision by, the director and the zoning administrator, all applications shall be submitted to the zoning administrator.
B.
If the separate applications are under the jurisdiction of, and involve a final decision by, the director and/or zoning administrator and the planning commission, all applications shall be submitted to the planning commission.
C.
If the separate applications are under the jurisdiction of, and involve a final decision by, the director and/or zoning administrator, and/or the planning commission and city council, all applications shall be submitted first to the planning commission for their review and recommend approval, conditional approval, or denial to the city council and final decision by the city council.
(Prior code § 19.08.020; Ord. 94-13, 1994; Ord. 01-04 § 4, 2002)
§ 19.08.030 Re-applications.
No land use permit application described by this chapter shall be accepted nor acted upon if within the past one year, substantially the same application has been made and denied by the planning commission, zoning administrator, or the city council, which covers substantially the same real property, unless either the planning commission, zoning administrator, or the city council permits such re-application because of an express finding that one or more of the following applies:
A.
That new evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant;
B.
That there has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property; or
C.
That a mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.
(Prior code § 19.08.030; Ord. 94-13, 1994)
§ 19.08.100 Zoning clearance.
When zoning clearance is required by Chapter 19.02 of this title to authorize a proposed land use, the permit application shall be processed as provided by this section.
A.
Jurisdiction. The director shall have jurisdiction over all zoning clearances and their extensions of time.
B.
Application Contents. Applications for zoning clearance shall include the forms provided by the planning department, together with all additional information and materials specified on the "required application contents" list furnished by the planning department with all land use permit applications.
C.
Timing of Approval.
1.
A zoning clearance shall not be issued until all necessary approvals, except building permits, have been obtained.
2.
In the case of a development that requires a public hearing and final action by the planning commission or the zoning administrator, the planning department shall not issue a zoning clearance within ten calendar days of the date that the planning commission or zoning administrator took final action, during which time an appeal may be filed according to Section 19.10.130 of this title.
3.
If a zoning clearance is requested for property subject to a resolution of the city council initiating a rezoning, a zoning clearance shall not be issued while the proceedings are pending on such rezoning unless the proposed buildings or structures would conform to both the existing zoning of such property and the rezoning initiated by the city council or unless a preliminary development plan was approved by the city before the adoption of the resolution.
D.
Findings for Approval. A zoning clearance shall be issued only if all of the following findings are made:
1.
That the proposed development conforms to the applicable policies and provisions of this title and the general plan.
2.
That the proposed development is located on a legally created lot as determined by the city engineer.
3.
That the subject property is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this title, and such zoning violation processing fees as established from time to time by the city council have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures under Section 19.10.200 et seq.
4.
That the proposed development is in conformance with the community design guidelines.
E.
Time Limits. Zoning clearances shall expire one year after date of issuance unless, prior to the expiration date, the applicant, or applicant's successor, has established or commenced the proposed land use, completed substantial physical construction on the building or structure to be used, or applied to the planning director for a time extension. An applicant, or applicant's successor, may apply for a single one-year time extension, which the planning director may approve upon a showing of good cause. Upon expiration of a zoning clearance and any time extension, an applicant, or applicant's successor, must apply for a new zoning clearance in order to proceed with the proposed land use. A zoning clearance shall lapse and thereafter become null and void if the exercise and use of the rights granted by such zoning clearance are discontinued for a consecutive period of one year.
F.
Revocation. Issuance of a zoning clearance is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all such conditions, the director may revoke the approval and all authorization for development.
 |
(Prior code § 19.08.100; Ord. 94-13, 1994; Ord. 06-02 § 8, 2006; Ord. 16-03 § 2, 2016)
§ 19.08.110 Minor and conditional use permits.
This section and Chapter 19.02 of this title provide for uses that are essential or desirable but cannot be readily classified as allowable in individual zones subject only to zoning clearance because of their special character, uniqueness of size or scope, or possible effect of public facilities or surrounding uses. The intent of this section is to provide for discretionary review of such uses. When a minor use permit or conditional use permit are required by Chapter 19.02 of this title to authorize a proposed land use, the permit application shall be processed as follows.
A.
Jurisdiction.
1.
The zoning administrator shall have jurisdiction over all minor use permits and extensions of time thereof and the planning commission shall have jurisdiction over all conditional use permits and their extensions of time.
2.
In no event shall an application be under the jurisdiction of both the planning commission and the zoning administrator. In the event that a portion of a project would need planning commission action, the total project shall be under the jurisdiction of the planning commission.
3.
If a minor use permit or conditional use permit is submitted in conjunction with an application for a general plan amendment, rezoning, tentative map or any other entitlement which requires final action by the city council, the planning commission shall recommend approval, conditional approval, or denial to the city council. The planning department shall provide to the city clerk the recommendation of the planning commission, together with all forms of notice required, in accordance with Section 19.10.400 of this title, of the time and place of a public hearing before the city council to consider the applications. The city clerk shall set the matter for public hearing and cause to be published all required notices for the public hearing on the applications. The decision of the city council shall be final.
B.
Application Contents. Applications for minor use permits and conditional use permits shall include the forms provided by the planning department, together with all additional information and materials specified on the "required application contents" list furnished by the planning department with all land use permit applications.
C.
Processing.
1.
Upon receipt of the required copies of the permit application, the planning department shall process the application through environmental review.
2.
Upon completion of environmental review and a staff report, the planning commission or zoning administrator shall then consider the requested minor use permit or conditional use permit at a noticed public hearing and either approve, conditionally approve, or deny the request. Notice of the time and place of the hearing shall be given in accordance with Section 19.10.400 of this title.
3.
The action of the planning commission or zoning administrator shall be final subject to appeal to the city council as provided under Section 19.10.130 of this title.
4.
Minor use permits and conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety, and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.
5.
Any amendments to a minor or conditional use permit shall be processed in the same manner as specified by this title for approval of the original permit.
D.
Findings Required for Approval. A minor use permit or conditional use permit application shall be approved or conditionally approved only if all of the following findings are made:
1.
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
2.
That significant environmental impacts are mitigated to the maximum extent feasible.
3.
That streets and highways are adequate and properly designed.
4.
That there are adequate public services, including, but not limited to, fire protection, water supply, sewage disposal, and police protection to serve the project.
5.
That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will be compatible with the surrounding area.
6.
That the project is in conformance with the applicable provisions and policies of this title and the general plan.
7.
That the proposed development is in conformance with the community design guidelines.
E.
Time Limits.
1.
Minor and conditional use permits shall expire five years after approval unless, prior to the expiration date, the applicant, or applicant's successor, has completed substantial physical construction on the development or applied to the planning commission for a time extension. An applicant, or applicant's successor, may apply for two one-year time extensions, which the planning commission or city council may approve upon a showing of good cause. Upon expiration of a minor or conditional use permit and any time extension, an applicant, or applicant's successor, must apply for a new minor or conditional use permit in order to proceed with the development.
2.
A minor or conditional use permit shall lapse and thereafter become null and void if the exercise and use of the rights granted by such permit are discontinued for a consecutive period of one year.
F.
Revocation. If any of the conditions of the permit are not complied with, the planning commission or zoning administrator, after written notice to the permittee and a noticed public hearing, may revoke the permit.
G.
Site and Design Review.
1.
Preliminary Site and Design Review. All projects shall be reviewed by the planning commission within the first 30 days of an initial project submittal to review and provide preliminary comments on the site design and architectural elevations. A color board shall be submitted with the initial submittal of a project to assist in the review of the project by staff and the planning commission. The planning commission shall also determine whether story poles are required for projects that are 25 feet in height or less as referenced in paragraph 2 of this subsection G.
2.
Story Poles and Modeling. For all projects that exceed 25 feet in height, story poles shall be erected on the project site no later than 30 days before the first public hearing on the project and shall remain in place until a final decision is made on the project. A surveyor or registered civil engineer may be required to certify in writing to the city that the story poles are properly located and reflect proposed heights. Story poles may also be required for projects that are less than 25 feet in height as determined by the planning commission during the preliminary site and design review process referenced in paragraph 1 of this subsection G. A scale model, a three-dimensional computer graphic presentation, or a three-dimensional graphic rendering shall be provided at the public hearings for the project. Said model or graphic presentations shall include structures on all surrounding properties. The city council may waive the requirement for story poles, scale models, or graphic presentations upon a written request to the city council demonstrating that these items would not provide clarification for review of the project.
 |
(Prior code § 19.08.110; Ord. 94-13, 1994; Ord. 01-04 § 5, 2002; Ord. 06-02 § 9, 2006; Ord. 09-06 § 3, 2009; Ord. 16-03 § 2, 2016)
§ 19.08.120 Development plans.
The development plan process provides for the discretionary review by the city of projects allowed by right within their respective zoning districts which, because of the type, scale, or location of the development, require more detailed review than that afforded by the zoning clearance process. When development plan approval is required by Chapter 19.02 of this title to authorize a proposed land use, the permit application shall be processed as follows.
A.
Applicability.
1.
Whenever Chapter 19.02 of this title requires development plan approval for a specified land use, a development plan application shall be filed with the department and approved only for:
a.
The first development of a vacant site; or
b.
The replacement of an existing building, structure, or site improvement; or
c.
The construction of an additional building, structure, or site improvement not authorized by a development plan; or
d.
An existing building, structure, or site improvement proposed for expansion or alteration, that was not originally authorized by a development plan.
After the construction of a building, structure, or site improvement authorized by development plan approval is completed, the replacement of an existing land use with a new use that is listed as allowed by Chapter 19.02 of this title shall require zoning clearance (Section 19.08.100) instead of a new development plan, except where the proposed new use is prohibited by conditions of approval of the previous development plan. |
2.
When development plan approval is required by Chapter 19.02 of this title, no construction permit shall be issued for any development, including grading, for any property subject to the provisions of this section until a preliminary and/or final development plan has been approved as provided by this section, with the exception that the director may waive the requirements of this section if the project involves only a minor alteration, addition, or replacement to an existing structure, and where there is a previously approved final development plan on file in the planning department, the project is in substantial conformance with such development plan.
3.
An applicant may file a preliminary and then a final development plan, or just a final development plan. When only a final development plan is filed, it shall be processed in the same manner as a preliminary development plan.
4.
No portion of any property not included within the boundaries of the development plan shall be entitled to any development permits.
B.
Jurisdiction. In the service commercial (CS) and light industry (M-1) zoning districts, preliminary and final development plans for buildings and structures that do not exceed a total of 10,000 square feet in gross floor area for the entire parcel shall be under the jurisdiction of the director and shall be processed as set forth herein.
C.
Application Contents. Applications for preliminary and final development plans shall include the forms provided by the planning department, together with all additional information and materials specified on the "required application contents" list furnished by the planning department with all land use permit applications.
D.
Processing of Preliminary Development Plan.
1.
Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the general plan must incorporate measures or be accompanied by any additional permit applications necessary to make the project consistent. The planning department may refuse to accept for processing any application the director finds to be inconsistent with the general plan.
2.
Upon receipt of the preliminary development plan, the planning department shall process the plan through environmental review pursuant to the city CEQA guidelines.
3.
If the preliminary development plan is under the jurisdiction of the director, a public hearing shall not be required. However, notice shall be given at least ten days prior to the date of the director's decision as provided in Section 19.10.400 of this title. The director may approve, conditionally approve, or deny the plan. The director shall give notice of approval pursuant to Section 19.10.400(A)(2) of this title. The director's decision shall be final, subject to appeal to the planning commission as provided in Section 19.10.130 of this title.
4.
The planning commission shall consider preliminary development plans within its jurisdiction at a noticed public hearing and approve, conditionally approve, or deny the plan. The planning commission's action shall be final, subject to appeal to the city council as provided in Section 19.10.130 of this title.
5.
If the preliminary development plan is submitted in conjunction with an application for a general plan amendment, rezoning, tentative map or any other entitlement which requires final action by the city council, the planning commission shall recommend approval, conditional approval, or denial to the city council. The planning department shall provide to the city clerk the recommendation of the planning commission, together with all forms of notice required, in accordance with Section 19.10.400 of this title, of the time and place of a public hearing before the city council to consider the applications. The city clerk shall set the matter for public hearing and cause to be published all required notices for the public hearing on the applications. The decision of the city council shall be final.
6.
If a revised preliminary development plan is required, it shall be processed in the same manner as the original plan. When approved by the planning commission or director, such revised plan automatically supersedes any previously approved plan.
E.
Processing of Final Development Plan.
1.
Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this title or the general plan must be accompanied by an application to make the project consistent. The planning department may refuse to accept for processing any application the director finds to be inconsistent with the general plan.
2.
Upon receipt of the final development plan, the planning department shall process the plan through environmental review, unless there is no change from the preliminary development plan.
3.
When either the planning commission or director has approved a preliminary development plan, the director shall review the final development plan for conformance with the preliminary development plan and shall approve, conditionally approve, or deny the final development plan, without a public hearing. The director shall give notice of approval pursuant to Section 19.10.400(A)(2) of this title. The director's action shall be final subject to appeal to the planning commission as provided in Section 19.10.130 of this title.
4.
If the final development plan has any substantial changes from the preliminary development plan approved by the planning commission, other than those required by conditions set in the preliminary development plan, the director shall refer the final development plan to the planning commission for approval.
5.
When there is no preliminary development plan, the final development plan shall be processed in the same way as a preliminary development plan, as provided by subsection D of this section.
F.
Findings Required for Approval.
1.
Preliminary Development Plan. A preliminary development plan shall be approved only if all of the following findings can be made:
a.
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and intensity of development proposed.
b.
That adverse impacts are mitigated to the maximum extent feasible.
c.
That streets and highways are adequate and properly designed.
d.
That there are adequate public services, including, but not limited to, fire protection, water supply, sewage disposal, and police protection to serve the project.
e.
That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding areas.
f.
That the project is in conformance with the applicable provisions of this title and the general plan.
g.
That the project will not conflict with any easements required for public access through, or public use of a portion of the property.
h.
That the proposed development is in conformance with the community design guidelines.
2.
Final or Revised Final Development Plan. A final or revised final development plan shall be approved only if all of the following findings are made, in addition to the findings required by subsection (F)(1) of this section:
a.
The plan is in substantial conformity with any approved preliminary or revised preliminary development plan except when the planning commission or director considers a final development plan for which there is no previously approved preliminary development plan. In this case, the planning commission or director may consider the final development plan as both a preliminary and final plan.
b.
The plan is in conformance with all applicable provisions and policies of the city general plan and this title.
c.
That the proposed development is in conformance with the community design guidelines.
G.
Conditions, Restrictions, and Modifications.
1.
At the time the preliminary or final development plan is approved, the director, planning commission, or city council may modify the building height limit, distance between buildings, setback, yard, parking, building coverage, landscaping or screening requirements specified in the applicable zone district when the director, planning commission, or city council finds that such modifications are justified.
2.
As a condition of approval of any preliminary or final development plan, the director, planning commission, or city council may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and welfare, or to implement the purposes of this title.
3.
The director, planning commission, or city council may require as a condition of approval of any development plan, the preservation of trees existing on the property.
H.
Time Limits.
1.
Preliminary development plans shall expire two years after approval unless, prior to the expiration date, the applicant, or applicant's successor, has submitted a final development plan application for the development or applied to the planning commission for a time extension. An applicant, or applicant's successor, may apply for a one-year time extension, which the planning commission or city council may approve upon a showing of good cause. Upon expiration of a preliminary development plan and any time extension, an applicant, or applicant's successor, must apply for a new development plan in order to proceed with the development.
2.
Final development plans shall expire five years after approval unless, prior to the expiration date, the applicant, or applicant's successor, has completed substantial physical construction on the development or applied to the planning commission for a time extension. An applicant, or applicant's successor, may apply for two one-year time extensions, which the planning commission or city council may approve upon a showing of good cause. Upon expiration of a final development plan and any time extension, an applicant, or applicant's successor, must apply for a new development plan in order to proceed with the development. A development plan shall lapse and thereafter become null and void if the exercise and use of the rights granted by such development plan are discontinued for a consecutive period of one year.
I.
Site and Design Review.
1.
Preliminary Site and Design Review. All projects shall be reviewed by the planning commission within the first 30 days of an initial project submittal to review and provide preliminary comments on the site design and architectural elevations. A color board shall be submitted with the initial submittal of a project to assist in the review of the project by staff and the planning commission. The planning commission shall also determine whether story poles are required for projects that are 25 feet in height or less as referenced in paragraph 2 of this subsection I.
2.
Story Poles and Modeling. For all projects that exceed 25 feet in height, story poles shall be erected on the project site no later than 30 days before the first public hearing on the project and shall remain in place until a final decision is made on the project. A surveyor or registered civil engineer may be required to certify in writing to the city that the story poles are properly located and reflect proposed heights. Story poles may also be required for projects that are less than 25 feet in height as determined by the planning commission during the preliminary site and design review process referenced in paragraph 1 of this subsection I. A scale model, a three-dimensional computer graphic presentation, or a three-dimensional graphic rendering shall be provided at the public hearings for the project. Said model or graphic presentations shall include structures on all surrounding properties. The city council may waive the requirement for story poles, scale models, or graphic presentations upon a written request to the city council demonstrating that these items would not provide clarification for review of the project.
(Prior code § 19.08.120; Ord. 94-13, 1994; Ord. 01-04 § 6, 2002; Ord. 6-02 § 10, 2006; Ord. 09-06 § 3, 2009; Ord. 16-03 § 2, 2016)
§ 19.08.130 Development agreements.
A.
Purpose. This section outlines the procedures and requirements for the review and approval of development agreements. The provisions of this section are fully consistent with the requirements of state law (Section 65864 et seq., of the California Government Code).
In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this section, state law (Government Code Section 65864 et seq., cited above), and the agreement itself. Should any discrepancies between the meaning of these provisions arise, reference shall be made to the following documents, and in the following order:
1.
The plain terms of the development agreement itself;
2.
The provisions of state law (Government Code Section 65864 et seq.); and
3.
The provisions of this section.
B.
Application.
1.
Any owner of real property may request and apply to enter into a development agreement provided the following:
a.
The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the director, and
b.
The application is made on forms approved, and contains all information required by the department, and is accompanied by the required filing fee;
2.
The director is empowered to receive, review and process, together with recommendations for commission and council consideration, all applications for development agreements; and
3.
Processing fees shall be collected for any application for a development agreement made in compliance with the provisions of this title.
C.
Public Hearings.
1.
Upon finding the application for a development agreement complete, the director shall set the application, together with staff recommendations, for public hearing before the commission in compliance with Section 19.10.400 (Public hearings). Following conclusion of the public hearing, the commission shall make a recommendation to the council.
2.
Upon receipt of the commission recommendation, the city clerk shall set the application and report for public hearing before the council. After the public hearing, the council shall approve, conditionally approve or disapprove the application.
3.
Should the council approve or conditionally approve the application, it shall as a part of its action of approval direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the city manager.
4.
The ordinance shall contain findings that the development agreement is consistent with this title, the general plan, and any applicable specific plan.
D.
Content of Development Agreement.
1.
Mandatory Contents. All development agreements shall contain the following provisions:
a.
Duration of the agreement;
b.
Permitted uses for the subject property;
c.
Density or intensity of the permitted uses;
d.
Approved site plans, elevations, floor plans and sections;
e.
Provisions, if any, for reservation or dedication of land for public purposes;
f.
Protection from either a future growth control ordinance or a future increase in development and/or impact fees;
g.
A tiered amendment review procedure that may incorporate the following:
i.
Director sign-off for minor modifications to the development project, and
ii.
Approval of major modifications to the development project by the council; and
h.
The possibility of subsequent discovery of health and safety issues such as a "compelling public necessity" (i.e., a new environmental health hazard is discovered), which would necessitate a reconsideration or amendment of the previously approved development agreement.
2.
Permissive Contents. A development agreement may include the following:
a.
Conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that these provisions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;
b.
Provisions which require that construction shall be commenced within a specified time and that the project or any single phase, be completed within a specified time;
c.
Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and
d.
Any other terms, conditions and requirements as the council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.
E.
Execution and Recordation.
1.
The city shall execute development agreements on or after the date upon which the resolution approving the agreement is enacted.
2.
A development agreement shall be recorded in the office of the Santa Barbara County Recorder no later than ten days after it is executed.
F.
Periodic Review.
1.
Every development agreement approved and executed in compliance with this section shall be subject to periodic council review, during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 19.01.060 (Fees).
2.
The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.
3.
If, as a result of periodic review the council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.
G.
Effect of Development Agreement. Unless otherwise provided by the development agreement the rules, regulations and official policies governing permitted uses of the land, density and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations and official policies in force at the time of execution of the agreement. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.
 |
(Ord. 95-01 § 3, 1995)
§ 19.08.140 Specific plans.
A.
Purpose. The purpose of this section is to set forth procedures for the preparation, adoption, amendment, or repeal of specific plans. This process provides for a coordinated level of planning and design for one or a combination of parcels that warrant special study by virtue of size, shape, topography, ownership or the application of important general plan policies as necessary and appropriate to protect valuable resources, foster economic goals, facilitate community revitalization and/or accommodate mixed uses.
B.
Process.
1.
The preparation, adoption, amendment, or repeal of a specific plan may be initiated by the planning commission, city council or applicant in the time and manner provided in Section 19.10.110.A.
2.
Applications to initiate the specific plan process by private parties shall be made on forms approved, and contains all information required by the planning department, and is accompanied by the required filing fee.
3.
A specific plan shall include the elements specified in Government Code Section 65451 and all other materials as deemed necessary or appropriate by the planning director, in consultation with the planning commission and city council pursuant to Section 19.08.140.C.
4.
The adoption of specific plans, as well as their subsequent amendment or repeal, shall be subject to the notice and hearing requirements set forth in Section 19.10.110.A. Additional forms of public participation may be required pursuant to Section 19.08.140.C.
5.
A specific plan shall be adopted by either ordinance or resolution. If adopted by ordinance, use and development standards embodied within the specific plan shall supersede corresponding standards contained in the zoning ordinance.
6.
A specific plan shall not be adopted unless all of the following criteria have been met:
a.
The form and substance of the specific plan, as well as the process used in its preparation and adoption, are consistent with the requirements set forth in Section 19.08.140.C.
b.
The specific plan is in conformance with all applicable policies and implementation programs set forth in the general plan.
c.
The specific plan will not be detrimental to the health, safety, comfort, convenience, property values, and general welfare of the community.
d.
The specific plan will not adversely affect such necessary community services as traffic circulation, sewage disposal, fire protection, police protection, and water supply.
e.
That the proposed development in the specific plan is in conformance with the community design guidelines.
C.
Methodology. Within 30 days following initiation of the specific plan process, the planning director shall convene a joint meeting of the planning commission and city council to prescribe the specific methodology to be employed in preparing the specific plan. Not later than 60 days following initiation of the specific plan process, the city council shall declare its findings by resolution regarding the following matters:
1.
The scope, specificity and format of documentation to be included in the specific plan including, as deemed appropriate, site characterization, base maps, environmental data, and design development plans.
2.
Issues particular to the site including, as deemed appropriate, special studies required to ascertain market support and project feasibility, economic and fiscal impact, infrastructure capacity, and environmental resources.
3.
Roles and responsibilities relative to document preparation, project management, consultant involvement, review process, public participation, performance schedule and document reproduction.
D.
Effect.
1.
All zoning actions, subdivisions, public improvement projects, development agreements, and any other discretionary land use permits and approvals within the effective area of an adopted specific plan shall be consistent with the specific plan.
2.
At the time of adoption of the specific plan, the city council shall make a determination as to whether the existing zoning on the property is consistent with the specific plan under the provisions of Section 65860(a) of the Government Code. If the city council finds that it is not consistent, then either the city or proponent of the specific plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the specific plan.
3.
No development shall commence on properties for which a specific plan has been adopted until a development plan, as required under the applicable zoning district, has been approved.
(Ord. 00-07 § 1, 2001; Ord. 06-02 § 11, 2006)
§ 19.08.150 Standard conditions of approval.
All zoning clearances, including residential projects approved under Section 19.16.013(C)(5)(a), shall comply with standard conditions of approval imposed by the resolution of the city council, as may be adopted and amended from time to time. All land use permits, other than zoning clearances, shall be subject to standard conditions of approval imposed by the resolution of the city council and may be modified or expanded in connection with the discretionary approval process applicable to each such land use permit.
Editor's Note: Ord. 05-05 repeals Section 19.08.150, Housing element consistency, which was added by Ord. 05-02, but was not codified, and adds a new Section 19.08.150, Standard conditions of approval.
(Ord. 05-05 § 2(D), 2005)
§ 19.08.160 Adaptive retrofit permit.
This section implements relevant provisions of the Fair Employment and Housing Act which prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of a person's disability. Disabled persons (as defined in Section 19.16.012) have the right to use the services of a guide, signal or service dog or other such designated animal and to keep such animals in or around their dwellings. At the request of a disabled person (or by someone acting on behalf of such person with his or her written consent), a housing provider must make reasonable accommodations in rules, policies, practices or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. The housing provider must allow a disabled person (at the tenant's expense or at the expense of someone acting on behalf of such person with his or her written consent) to reasonably modify existing premises if the modifications are necessary to afford the disabled person full enjoyment of the premises. Where such modifications require an exception in development standards of the underlying zone district, an adaptive retrofit permit application shall be processed as follows:
A.
Jurisdiction.
1.
The zoning administrator shall have jurisdiction over all adaptive retrofit permits and extensions of time thereof.
2.
In no event shall an application be under the jurisdiction of both the planning commission and the zoning administrator. In the event that a portion of a project would need planning commission action, the total project shall be under the jurisdiction of the planning commission.
3.
If an adaptive retrofit permit is submitted in conjunction with an application for a general plan amendment, rezoning, tentative map or any other entitlement which requires final action by the city council, the planning commission shall recommend approval, conditional approval, or denial to the city council. The planning department shall provide to the city clerk the recommendation of the planning commission, together with all forms of notice required, in accordance with Section 19.10.400 of this title, of the time and place of a public hearing before the city council to consider the applications. The city clerk shall set the matter for public hearing and cause to be published all required notices for the public hearing on the applications. The decision of the city council shall be final.
B.
Application Contents. Applications for adaptive retrofit permits shall include the forms provided by the planning department, together with all additional information and materials specified on the required application contents list furnished by the planning department with all land use permit applications.
C.
Processing.
1.
Upon receipt of the required copies of the permit application, the planning department shall process the application through environmental review.
2.
Upon completion of environmental review and a staff report, the zoning administrator shall then consider the requested adaptive retrofit permit at a noticed public hearing and either approve, conditionally approve, or deny the request. Notice of the time and place of the hearing shall be given in accordance with Section 19.10.400 of this title.
3.
The action of the zoning administrator shall be final subject to appeal to the planning commission as provided under Section 19.10.130 of this title.
4.
Adaptive retrofit permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety, and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.
5.
Any amendments to an adaptive retrofit permit shall be processed in the same manner as specified by this title for approval of the original permit.
D.
Findings Required for Approval. An adaptive retrofit permit application shall be approved or conditionally approved only if all of the following findings are made:
1.
That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the adaptive retrofit proposed;
2.
That significant environmental impacts are mitigated to the maximum extent feasible;
3.
The specific modification in building height limit, distance between buildings, setback, yard, parking, building coverage, landscaping or screening requirements specified in the applicable zone district is necessary and appropriate to accommodate the needs of the disabled person;
4.
That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will be compatible with the surrounding area;
5.
That the project is in conformance with the applicable provisions and policies of this title and the general plan.
E.
Time Limits.
1.
At the time the zoning administrator approves an adaptive retrofit permit, a time limit may be established within which construction must commence or the use must begin. The time limit shall be a reasonable time based on the size and nature of the proposed development or use. If no date is specified, the time limit shall be one year from the date of approval. Such time may be extended by the zoning administrator once for good cause shown, provided a written request, including a statement of reasons for the time extension, is filed with the planning department prior to the expiration date.
2.
An adaptive retrofit permit shall become null and void and be automatically revoked if the approved use is discontinued for a period of more than one year. The time limit may be extended by the zoning administrator one time for good cause shown, provided a written request, including a statement of reasons for the time extension request, is filed with the planning department prior to the expiration date.
F.
Revocation. If any of the conditions of the adaptive retrofit permit are not complied with, the zoning administrator, after written notice to the permittee and a noticed public hearing, may revoke the permit.
(Ord. 06-10 § 2(F)(4), 2006)