Administrative Permits and Actions. Except when combined with legislative actions or other non-administrative actions defined in this article, the Director, also defined in this Zoning Code as the designee of the Director, is the designated Review Authority for the following quasi-judicial permits and actions. The Director, at the Director's sole discretion, may elevate the level of review to a higher Review Authority.

Quasi-Judicial Permits and Actions. Except when combined with legislative actions, the Commission is the designated Review Authority for the following quasi-judicial permits and actions. Additionally, the Director may refer review of administrative permits and actions to the Commission. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 25.100 (Public Hearings and Notice).

Legislative Actions. The designated Review Authority for all legislative actions is the Council, with recommendations from the Commission. A public hearing is required for the following legislative actions in compliance with Chapter 25.100 (Public Hearings and Notice).

Procedures. This chapter provides procedures and requirements for the preparation, filing, initial processing, and review of applications for the land use entitlements required by this Zoning Code.

Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate City actions taken in the absence of a clear showing of intent not to comply with this Zoning Code.

Concurrent Filing. An applicant for a development project that requires the filing of more than one application pursuant to this Zoning Code shall file all related applications concurrently, together with all application fees required by Section 25.62.040 (Application Fees), unless these requirements are waived by the Director.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed—and approved or denied—by the highest Review Authority designated by this Zoning Code for any of the applications. For example, a project for which applications for zoning map amendment and a conditional use permit are filed shall have both applications decided by the Council, instead of the Commission being the final decision-making authority for the conditional use permit as otherwise required by Table 6-1 (Review Authority). In the example cited, the Commission would still hear all the applications (the zoning map amendment and the conditional use permit) and forward recommendations to the Council.

Application Contents. Applications for amendments, entitlements, and other matters pertaining to this Zoning Code shall be filed with the Community Development Department in the following manner:

Status of Application. Acceptance of the application does not constitute an indication of approval by the City nor of the application being deemed complete. If an applicant fails to provide all of the information required in the application or any additional information required in support of the application, the application will not be deemed complete.

Eligible Applicants. Applications shall be made by the owners of a property or their agents with the written consent of the owner.

Pre-Application Conference.

Filing Fees Required.

Refunds and Withdrawals.

An application may only be filed by the owner of the subject property or a lessee or authorized agent of the property owner with the written consent of the property owner. With the Director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

The application shall be signed by the owner of record or may be signed by the lessee or by authorized agent of the property owner if written authorization from the owner of record is filed concurrently with the application.

Review for Completeness.

Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

Multi-Unit Residential and Mixed-Use Developments. Where a multi-unit residential development or mixed-use development in which at least two-thirds of the square footage consists of residential use, and where such developments qualify for streamlined processing pursuant to Government Code Section 65400 et seq., the provisions of Government Code Sections 65400 et seq. shall apply.

Wireless Communications Facilities. The provisions of subsections A and B above shall not apply to wireless communications facilities. The review for completeness and the processing of such applications shall comply with applicable Federal Communication Commission regulations.

CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with CEQA to determine whether:

Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall comply with CEQA and the CEQA Guidelines.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the City's CEQA compliance review. These studies shall become public documents, and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

Application Evaluation. The Director or designee shall review all completed applications to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, applicable Specific Plan, and CEQA.

Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with the provisions of the Zoning Code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the General Plan.

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The conditional use permit and minor use permit are provided for this purpose.

Approval of a conditional use permit or minor use permit is required to authorize proposed land uses specified by Article 2 (Zoning Districts, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a conditional use permit or minor use permit.

The Director shall review and process an application in accordance with the standards set forth in this Article 6.

Once the application and all supporting information and documentation have been received and the application deemed complete, notice of the application shall be given according to the provision of Section 25.88.050.B (Notice). Notice shall be given to all property owners within 300 feet of the subject property. The notice shall also state that, unless a written request for a public hearing is received by the Community Development Department within 10 days after the date of the notice, the Director shall take action on the application and may either grant or deny the minor use permit and may impose conditions as applicable. The Director shall issue a written determination that shall state the findings for the decision.

If a written request for a public hearing is received, the Director shall schedule the application for a public hearing before the Planning Commission at the next available Commission hearing in accordance with Chapter 25.100 (Public Hearings and Notice). The person filing the written request may be charged a fee to cover hearing costs.

Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 25.62.080 (Project Evaluation and Staff Reports).

Notice and Hearings.

The proposed use is consistent with the General Plan and any applicable specific plan.

The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code.

The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity.

The site is physically suitable in terms of:

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

A conditional use permit or minor use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.

In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing conditional use permit or minor use permit shall submit a project description (e.g., narrative and/or a site and floor plan) to the Director ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval. A fee may be imposed for the review of the project description and conditions of approval in compliance with the City's fee resolution.

Is compatible with the physical and environmental characteristics of the site and surrounding properties, with the intent to minimize conflicts;

Provides for safe and convenient access and circulation for pedestrians and vehicles;

Exemplifies the best professional high-quality design practices;

Allows for and encourages individual identity for specific uses and structures;

Encourages the maintenance of a distinct neighborhood and/or community identity;

Minimizes or eliminates negative or undesirable visual impacts;

Provides for the adequate dedication of land for public purposes and the provision of public infrastructure associated with the subject development; and

Implements General Plan policies, applicable design guidelines, and any other applicable City planning-related documents.

Design Review Required. No one shall construct any structure, or relocate, rebuild, or significantly enlarge or modify any existing structure or site until design review has been completed and approved in compliance with this chapter and a building permit has been issued.

Two Levels of Design Review. Two levels of design review are hereby established, and the thresholds set forth below shall apply to design review.

Design Review – Major. Major design review is a discretionary Planning Commission review process that includes public notice with a public hearing conducted as is required for all Commission actions. The following shall be subject to major design review.

Design Review – Minor. Minor design review is a Director-level review process that includes public notice as set forth in Section 25.68.070 (Minor Design Review Process). Minor design review shall apply to the BAC zoning district and parcels with frontage along California Drive and Highland Avenue between Burlingame Avenue and Howard Avenue. In these applicable areas, any façade improvement that meets any of the following criteria shall be subject to minor design review:

Single-Unit and Two-Unit Dwellings. Additions of second stories or higher to single-unit and two-unit dwellings shall be exempt from design review if they meet all of the following criteria and are not subject to design review under Section 25.68.020.C.1.c, d and e (Design Review – Major):

Commercial, Industrial, and Mixed-Use Zoning Districts.

With the approval of the Planning Commission, the Director shall establish a list of design professionals available to advise the Director and Commission on applications in residential districts made under this chapter. The persons included on the list shall be persons in the business of residential design who have practiced their design profession involving residential designs in the City and who are willing to contract with the City to provide advisory services under this chapter.

For applications involving commercial, industrial, mixed use, educational, and institutional development applications, with the approval of the Commission, the Director shall establish a list of design professionals who shall be persons in the business of commercial design and who are willing to contract with the City to provide advisory services under this chapter.

Study Session. Upon completion of an application, the application and design plans shall be referred to the Planning Commission for study. The study meeting shall be noticed in accordance with the provisions for Planning Commission notice in this title. If, at the study meeting, the Commission determines that only minor changes are needed, or that the requested changes can be adequately addressed by the project design professional, the Commission may order that the application be exempt from subsection B below. If the Commission makes such an order, the application will proceed directly to hearing under subsection C, D, or E below, as applicable. Criteria for review by the Commission shall be established by the Director, based on design guidelines contained in the adopted specific plan for the area or other applicable design guidelines.

Design Review Appointee. The Commission may refer the application for further design review by a design review consultant on the established list. The plans submitted shall be referred by the Director on a random basis to an appointed professional described above in Section 25.68.040 (Design Review Consultant List) for review and comment. The appointee shall conduct an analysis using as the criteria the design guidelines contained in the adopted specific plan for the area or other applicable design guidelines. In the course of review, the appointee may request additional information from the applicant. Upon completion, the appointee shall prepare a report identifying how the plans do or do not conform with applicable design guidelines. The report shall be forwarded to the Commission for action and consideration pursuant to subsections C, D, and E below. No mailed notice of the appointee's review shall be required.

Single-Unit and Two-Unit Dwellings. A major design review application for any single-unit or two-unit dwelling in any zoning district shall be reviewed by the Commission for the following considerations:

Multi-Unit Dwellings. A major design review application for multi-unit dwellings in any zoning district shall be reviewed by the Commission for the following considerations:

Commercial, Industrial, and Mixed-Use Zoning Districts. A major design review application for a property in commercial, industrial, and mixed-use zoning districts shall be reviewed by the Commission for the following considerations:

Burden of Proof. The applicant shall bear the burden of demonstrating to the satisfaction of the Commission that the applicant's design and project comply with the design criteria set forth in subsection C, D, or E above, as applicable.

Commission Action. The Commission may deny, deny without prejudice, approve, or approve with conditions any application under this section.

Required Findings. Any decision to approve a major design review application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Review. Upon making the determination that a minor design review application is complete, the Director or designee shall review the application for consistency with any applicable design guidelines and prepare written findings indicating how the application does or not comply with applicable design guidelines. Prior to preparing the findings and any conditions of approval, the Director may give the applicant the opportunity to revise plans to achieve compliance.

Public Notice of Action. Upon completion of the findings and determination that the application complies with applicable design guidelines, notice shall be given to all property owners within 300 feet of the subject property. The notice shall also state that, unless a written request for a public hearing is received by the Community Development Department within 10 days after the date of the notice, the Director shall take action on the application and shall grant the minor design review and may impose conditions as applicable. The Director shall issue a written determination that shall state the findings for the decision.

Call for Review of the Director's Action. If a written request for a public hearing is received, the Director shall schedule the application for a public hearing before the Planning Commission at the next available Commission hearing in accordance with Chapter 25.100 (Public Hearings and Notice). The person filing the written request may be charged a fee to cover hearing costs.

Director or Commission Action. The Director—or the Commission on a Call for Review—may deny, deny without prejudice, approve, or approve with conditions any application under this section.

Required Findings. Any decision to approve a minor design review application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

The purpose of this chapter is to provide processes for the review of certain hillside development proposals to ensure compliance with the provisions of Section 25.20.040 (Hillside Overlay Zone) and Chapter 25.68 (Design Review).

The provisions of this chapter shall apply to all areas in the City located within the Hillside Overlay (H) Zone, as shown on the Zoning Map.

The requirements of Chapter 25.68 (Design Review) shall apply to Hillside Area Construction Permits for such projects that trigger design review pursuant to Section 25.68.020 (Applicability and Types of Design Review).

Design Review and Hillside Area Construction Permit. New construction that triggers design review pursuant to Section 25.68.020 (Applicability and Types of Design Review) shall file an application for both design review and a Hillside Area Construction Permit following the application filing requirements of Section 25.68.050 (Application Filing).

Hillside Area Construction Permit Only. New construction that does not trigger design review shall require the filing of an application for a Hillside Area Construction Permit. Such application shall be filed and processed in compliance with Section 25.68.050 (Application Filing). The application shall include the information and materials specified in the most up-to-date Department handout for Hillside Area Construction Permit applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 25.70.030 (Required Findings for Hillside Area Construction Permits), below.

Story Poles. Prior to filing an application for a Hillside Area Construction Permit, an applicant is encouraged to install story poles to help visualize the proposed addition or new structure and assess potential view impacts on neighboring properties. In review of the application, the Commission may require that story poles be installed. Story poles shall be installed as specified in the most up-to-date Department handout for Story Pole Installation Requirements.

Design Review and Hillside Area Construction Permit. New construction that requires design review shall follow the application review and processing procedures pursuant to Section 25.68.060 (Major Design Review Application Review and Processing).

Hillside Area Construction Permit Only.

Design Review and Hillside Area Construction Permit. In addition to the required findings for design review pursuant to Sections 25.68.060.C. (Major Design Review) and 25.68.070 (Minor Design Review Application Review and Processing), the following additional findings shall be made for any permit in the Hillside Overlay Zone:

Hillside Area Construction Permit Only. The following findings shall be made for any permit in the Hillside Overlay Zone:

Purpose. It is the purpose of this chapter to:

Applicability. No person shall commence or carry on any home occupation within the City without first having procured a permit from the Director. The Director shall issue a permit when the applicant shows that the home occupation meets all requirements of this chapter. Every home occupation shall fully comply with all City, County, and State codes, ordinances, rules, and regulations.

Permit Not Transferable. No home occupation permit shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

Contractor's office where employees report or assemble as a part of the job for other than administrative or bookkeeping purposes; office only is permitted.

Barbershop or beauty salon.

Carpentry, cabinet making, and welding/metal work.

Massage studio.

Automobile repairing or painting.

Medical clinic.

Hospital.

Kennel or other boarding of pets.

Medical or dental offices.

Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

Within 10 working days after the filing of an application for a home occupation permit, the Director shall either issue or deny the permit and shall serve notice of such action upon the applicant by mailing a copy of such notice to the applicant at the address appearing on the application. The Director's decision shall be final unless an appeal is filed pursuant to Chapter 25.98 (Appeals and Calls for Review).

The Director (or the Commission on a referral or appeal) may approve a home occupation permit application, with or without conditions, only if it first makes all of the following findings. Failure of the Review Authority to make all of the following findings shall result in denial of the home occupation permit application.

Compliance Required. Home occupations shall comply with the applicable locational, developmental, and operational standards identified in this section as well as any conditions imposed on the home occupation permit.

Required Standards. Each home occupation shall comply with all of the following standards.

General. A use qualifies as a cottage food operation by meeting all the following requirements:

Cottage Food Operation Standards. A cottage food operation shall:

R-1 and R-2 Zoning Districts.

Commercial, Mixed-Use, and Downtown Zoning Districts. In the C-1, BFC, CMU, BRMU, RRMU, NBMU, and Downtown zoning districts, the following shall qualify, except as noted:

Industrial Zoning District. In the Industrial Innovation zoning district:

Application Review. The Director shall review the application for compliance with the provisions of this title and act to approve, approve with conditions, or deny a minor modification application.

Public Notice for Minor Modification. Notice of the intent to approve a minor modification application, or approve with conditions, shall be mailed by the Director to the applicant and all owners of property within 100 feet of the exterior boundaries of the subject property. The notice shall state that any interested party may file an appeal to the Planning Commission of the Director's intended decision within the 10-day period stated in the notice. In the event the Director acts to deny the application, no public notice shall be required. However, the Director shall notify the applicant of the right to appeal the denial to the Planning Commission.

If an appeal is received, the Director shall schedule the appeal for a public hearing before the Planning Commission at the next available Commission hearing in accordance with Chapter 25.100 (Public Hearings and Notice). The person filing the appeal may be charged a fee to cover hearing costs.

Is consistent with the General Plan.

Will not adversely affect neighboring properties.

Will not be detrimental to the health, safety, or general welfare of the persons residing or working on the site or in the vicinity.

Is justified by specified environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

Purpose. The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests.

Applicability. In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice. Typical improvements which may be considered for reasonable accommodation provisions include ramps, walls, handrails, elevators or lifts, or other similar physical improvements necessary to accommodate a person's disability. The reasonable accommodation would allow exceptions to setback, lot coverage and floor area provisions of this title that are deemed necessary to accommodate these improvements.

Definition. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts.

Limitations. This chapter shall be interpreted and applied in accordance with the Acts, and nothing in this chapter shall be deemed to create greater rights than exist under the Acts.

Application Requirements. In addition to the application filing requirements set forth in Chapter 25.62 (Application Processing Procedures), an applicant for a reasonable accommodation shall provide the following information, as well as any information stated on the application form.

Review.

Findings. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this section. In making a determination regarding the reasonableness of a requested accommodation, the following findings shall be made:

Decision. The Director shall issue a written determination of the action and may grant or deny the accommodation request based on the request meeting the findings outlined in this chapter.

Purpose. The special permit is established for the purpose of allowing the structures and development approaches specified in this chapter that are not permitted as a matter of right but which may be considered compatible and appropriate if such uses or features are designed or arranged on a site or in a structure in a particular manner and in accordance with conditions imposed by the Planning Commission.

Applicability. In its review of a special permit application, the Commission may impose such requirements and conditions with respect to location, construction, architectural features, architectural consistency within the structure, site planning, and time limits for the special permit as it deems necessary for the protection of adjacent properties, the streetscape, the neighborhood, and the public interest. Such deviations may apply to, but not be limited to, building height, variety of roofline on a structure, daylight plane angle, façade articulation, and exterior finish materials.

Applicability. The following are structures and development approaches allowed in the R-1 zoning district with a special permit:

Required Findings. Any decision to approve a special permit application in the R-1 zoning district pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Applicability. The following are structures and development approaches allowed in the R-2 zoning district with a special permit:

Required Findings. Any decision to approve a special permit application in the R-2 zoning district pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Applicability. The following are structures and development approaches allowed in the R-3 and R-4 zoning districts with a special permit:

Required Findings. Any decision to approve a special permit application in the R-3 and R-4 zoning districts pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Applicability. The following are structures and development approaches allowed in the BAC, HMU, MMU, BMU, DAC, CAC, CAR, CMU and BRMU zoning districts with a special permit:

Required Findings. Any decision to approve a special permit application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Applicability. The following are structures and development approaches allowed in the BFC, I-I, RRMU, and NBMU zoning districts with a special permit:

Required Findings. Any decision to approve a special permit application pursuant to this chapter shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Applicability. In the BFC, I-I, RRMU, and NBMU zoning districts, a special permit application is required for any proposal utilizing Tier 2 or Tier 3 development standards as provided in the respective chapter. Additional development capacity provided in Tiers 2 and 3 may only be allowed with the applicant's provision of community benefits approved by the Review Authority. The value of the benefit shall be proportional to the value of the additional development capacity provided in Tiers 2 and 3, as determined by the Review Authority.

Required Findings. Any decision to approve a special permit application for additional development capacity as provided in Tiers 2 and 3 shall be supported by written findings addressing the criteria set forth in this chapter. In making such determination, the following findings shall be made:

Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 25.62.080 (Project Evaluation and Staff Reports).

Notice and Hearings. A public hearing before the Planning Commission shall be required for all special permits in compliance with Chapter 25.100 (Public Hearings and Notice).

Purpose. This chapter provides a method for preparing, processing, reviewing, and adopting Specific Plans in compliance with Government Code Section 65450 et seq., or as that section may be amended or replaced from time to time. In addition, this chapter provides a method for amending Specific Plans to ensure their continued effectiveness and responsiveness to market demands over time. A Specific Plan is intended to provide for flexibility in the establishment of land use regulations by allowing for innovative use of land resources and development; a variety of building, development, and housing types; land use mixes; site design; development concepts; and effective and safe pedestrian and vehicular circulation.

Applicability. A Specific Plan may be prepared for any property or group of properties in the City for the purpose of implementing the General Plan. As a matter of City policy, the Council may establish a minimum project area requirement for the preparation of a Specific Plan.

City Council. By the majority consensus of the City Council; or

Property Owner(s). By an application being filed by the owner(s) of one or more parcels, or the owner's authorized agent, that would be the subject of the Specific Plan. If the property for which a Specific Plan or Specific Plan amendment is proposed is held in multiple ownerships, all the owners or their authorized agents shall join in filing the application. If initiated by a property owner(s), a pre-application conference as specified in subsection C, below is required.

Pre-Application Conference Required. A pre-application conference with the Director is required before the filing of a specific plan application. The City may establish fees for the pre-application conference.

Filing. An application for a Specific Plan or an amendment shall be filed and processed in compliance with Chapter 25.62 (Application Processing Procedures). The application shall include the information and materials specified by the most up-to-date Department handout for Specific Plan applications, together with any required fee.

Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 25.62.080 (Project Evaluation and Staff Reports).

Notice and Hearings.

The proposed Specific Plan or Specific Plan amendment is consistent with the General Plan, including its goals, policies, and implementation programs.

The proposed Specific Plan or Specific Plan amendment is a desirable planning tool to implement the provisions of the General Plan.

The proposed Specific Plan or Specific Plan amendment will not adversely affect the public health, safety and general welfare or result in an illogical land use pattern.

In the case of a Specific Plan amendment, that the amendment will not create internal inconsistencies within the Specific Plan and is consistent with the purpose and intent of the Specific Plan it is amending.

Purpose. The purpose of this chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this chapter.

Temporary Use Defined. For purposes of this chapter, a temporary land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and lasting from one to 30 days, and generally not more than 30 consecutive days in duration. Temporary uses shall consist of the following categories.

Construction Sites – On-site.

Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Director.

Garage and Yard Sales. Garage and yard sales (i.e., personal property sales) conducted as required by Chapter 6.22 (Merchandise Sales from Residences).

Publicly Owned Property. Events that are to be conducted on publicly owned property by the government entity owning the subject property.

Contractor Construction Sites – Off-site. The temporary use of a site for an off-site contractor construction, staging, or storage area(s). The permit may be effective for up to 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion building permit authorizing the construction project, whichever occurs first.

Farmers' Markets. Farmers' markets may occur under the terms established by a temporary use permit specific to that operation.

Special Events.

Temporary Residential Real Estate Sales Offices. One temporary real estate office, provided that:

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum period of 12 months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, mixed-use, and research and development zones of the City.

Temporary Work Trailers.

Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

Director's Review. The Director shall review the application and shall record the decision in writing with the findings on which the decision is based.

Required Findings. The Director (or the Council on a referral or appeal) may approve a temporary use permit application, with or without conditions, only after first making all of the following findings:

May Impose Conditions. In approving a temporary use permit application, the Director (or the Council on a referral or appeal) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 25.82.060 (Findings and Decision).

Appropriate Conditions. The conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include, but are not limited to, the following:

Purpose. The purpose of this chapter is to ensure that:

Applicability. The Commission, or Council on appeal, may approve a variance that allows for any adjustment from any of the development standards required by this title only after first making the findings specified in Section 25.84.030 (Findings and Decision).

Limitations. This chapter does not grant the power to approve variances to allow land uses or activities in a zoning district that are explicitly prohibited.

Filing. An application for a variance shall be filed and processed in compliance with Chapter 25.62 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for variance applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 25.84.030 (Findings and Decision). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 25.62.060 (Initial Application Review).

Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.

Notice, Hearings, and Appeals.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same zoning district;

The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;

The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; and

That the use of the property will be compatible with the aesthetics, mass, bulk, and character of existing and potential uses of properties in the general vicinity.

Approvals, Permits, and Variances.

Agreements, Plans, and Amendments.

Time Period. To ensure continued compliance with the provisions of this title, a permit or approval shall be issued within 24 months following the effective date of the permit or approval, unless, by conditions of the permit or approval, a different (either greater [up to a maximum of 36 months] or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved in compliance with Section 25.88.030.C (Time Extensions).

Reasonable Limits. Any time limit set by the applicable Review Authority shall be reasonable, based upon the size and the nature of the proposed project.

Time Extensions.

Further Extensions Deemed New Application. An application for an extension of the permit or approval in excess of 36 months following the original date of approval (original 24 months plus up to an additional 12 months) shall be treated as a new application.

Effect of Expiration. Where the permit or approval has expired and/or has been deemed void:

Conformance Required.

Notice of Hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing, except for the minor changes outlined below in subsection C. Notice shall be given in compliance with Chapter 25.100 (Public Hearings and Notice).

Minor Changes by Director. The Director, following criteria established by the Planning Commission from time to time, may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:

Grounds. Any permit or approval previously granted or issued under this title may be revoked or suspended on any one or more of the following grounds:

Notice. Written notice to revoke or modify a permit or approval shall be served on the permittee and property owner, as shown on the last equalized assessment roll, either personally or by form providing proof of delivery, and shall state:

Hearing. If a hearing is requested, at least 10 days' notice shall be given to the requested party. At any such hearing, the permittee or property owner shall be given the opportunity to be heard, and he or she may call witnesses and present evidence in his or her behalf. Upon conclusion of such hearing, the Planning Commission shall determine whether or not the permit or approval shall be suspended or revoked. Such determination may be appealed to the Council.

Circumstances under which the permit or approval was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit or approval can no longer be made;

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;

One or more conditions of approval have been violated, or have not been complied with or fulfilled;

Failure or refusal to allow inspections for compliance; or

Improvements authorized by the permit or approval are in violation of any code, law, ordinance, regulation, or statute, or the use or structure is being operated or maintained in a manner which constitutes a nuisance.