Chico City Zoning Code
DIVISION III
LAND USE AND DEVELOPMENT PERMIT PROCEDURES
Chapter 19.19 ACCESSORY DWELLING UNIT PERMITS
Repealed by Ord. 2549 §4
19.16.010 Purpose, applicability.
This chapter provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use entitlements required by these Regulations.
(Ord. 2185)
19.16.020 Pre-application neighborhood meetings.
This section applies to all projects on residentially zoned property, or on property located adjacent to residentially zoned property which require a discretionary permit issued by the planning commission or city council. All projects for such a discretionary permit shall require a pre-application neighborhood meeting in compliance with the requirements set forth below. The purpose of the meeting is to provide for early input by affected neighbors. While neighborhood consensus or agreement is desirable, it is not a required outcome of the neighborhood meeting.
A. Timing. The neighborhood meeting should be held prior to the submission of an application for discretionary permit. If a neighborhood meeting is not held prior to submission of an application, the application shall not be considered complete until the meeting has been held. Meetings should be held during evening hours or on a weekend.
B. Notice. Notice of the time, date and location of the neighborhood meeting shall be given by the applicant to all property owners and occupants within 500 feet of the proposed project and to the department at least 10 calendar days prior to the date of the meeting. Mailing lists for such notice may be obtained from the department. Notice shall be deemed to have been given on the date it is has been mailed, first-class, postage prepaid, or personally delivered. The applicant shall provide the Department with a list of each person and property to which the notice is mailed.
C. Department attendance at meetings. A representative of the department may attend each neighborhood meeting in order to identify and explain city policies, including the provisions of the city’s general plan and land use regulations as they relate to the development proposal at issue. The representative of the department may serve as a moderator or facilitator of the meeting if so requested by the applicant and approved by the director.
D. Applicant attendance at meeting. The applicant or a representative shall attend the neighborhood meeting and provide the following information:
1. A site plan graphically depicting existing conditions and surrounding land uses and structures.
2. A conceptual site plan or map, as appropriate, for the proposed application.
Applicants are encouraged to take minutes or otherwise create a written record of the presentation and points discussed at the meeting.
E. Neighborhood or applicant comments and recommendations are not binding on the department. The department will consider neighborhood comments during its evaluation of the project applications along with all comments by other agencies, organizations and individuals in order to formulate its own independent and professional recommendation regarding the applications.
F. A meeting may be required pursuant to this section when it is not on or adjacent to residentially zoned property if the director determines that the proposed use(s) or building(s) are of such a nature that they would affect residentially zoned property which is not adjacent to the project.
G. Additional meetings are encouraged when significant changes are made to a project and the nature of those changes was not a topic at the neighborhood meeting initially held pursuant to this section.
H. Waiver of meeting. The requirement for a neighborhood meeting may be waived by the director if the position of the neighborhood is well-established and if recent contact indicates that there is no interest in holding a meeting.
(Ord. 2185; Ord. 2223, Ord. 2358 §3, Ord. 2374 §7, Ord. 2494, §3, Ord. 2850, §5; Ord. 2600)
19.16.030 Application filing.
A. Application Contents. Applications for entitlements, amendments, and other matters pertaining to these Regulations shall be filed with the Department on a City application form, together with all fees, maps, plans, reports, and other information required by the Department to describe clearly and accurately the proposed work and its effect on the terrain and existing improvements. Applicants are encouraged to contact the Department before submitting an application to verify materials necessary for a complete application filing.
B. Eligibility for Filing. Applications may only be made by the owners, or lessees of property or their agents with the written consent of the owner, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary entitlements under these Regulations.
C. Pre-Application Conference. A prospective applicant or agent is encouraged to request a pre-application conference with the Department prior to formal submittal of an entitlement application. The purpose of this conference is to inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in these Regulations, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application/project by the Department representative(s).
D. Filing Date. The filing date of an application for a home occupation permit, administrative permit for a temporary use, design review, administrative use permit, use permit, planned development permit, or variance shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Subsection A (Application Contents) above, in compliance with Section 19.16.050 (Initial application review), and the application is deemed complete by the Director.
(Ord. 2185; Ord. 2223; Ord. 2263; Ord. 2511, §7; Ord. 2519, §9; Ord. 2549, §2)
19.16.040 Application fees.
A. Filing Fees Required. The Council shall, by resolution, establish a schedule of fees for entitlements, amendments, and other matters pertaining to these Regulations. The schedule of fees may be changed or modified only by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a variance, both fees will be charged. Projects may also be subject to an hourly rate in addition to the basic application fees. Processing shall not commence on any application until all required fees or deposits have been paid. Without the application fee, or a deposit if appropriate, the application will not be deemed complete.
B. Refunds and Withdrawals. Recognizing that filing fees are utilized to cover costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a denial are allowed. In the case of an application withdrawal, the Director may authorize a partial refund based upon the prorated costs-to-date and determination of the status of the application at the time of withdrawal.
(Ord. 2185)
19.16.050 Initial application review.
All applications filed with the Department, as required by these Regulations, shall be initially processed as follows:
A. Completeness Review. Within 30 days of filing, the Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.
1. Notification of Applicant. The applicant shall be informed by a letter either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by Subsection A-3 (Expiration of Application), below.
2. Appeal of Determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination, in compliance with Chapter 19.12 (Appeals).
3. Expiration of Application. If a pending application is not completed by the applicant, and therefore is not accepted as complete by the City within one year after the first filing with the Department, the application shall expire and be deemed withdrawn. A new application may then be filed, with the appropriate fee, in compliance with these Regulations.
4. Additional Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information. needed for the environmental review of the project, in compliance with Section 19.16.060 (Environmental Assessment).
B. Referral of Application. At the discretion of the Director or where otherwise required by these Regulations, State or Federal law, any application filed in compliance with these Regulations shall be referred to any public agency that may be affected by or have an interest in the proposed land use activity.
(Ord. 2185)
19.16.060 Environmental assessment.
After acceptance of a complete application, the project shall be reviewed as required by the City of Chico Environmental Review Guidelines, Title 1 of the Municipal Code, and the California Environmental Quality Act (CEQA) to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required. These determinations and, where required, the preparation of EIRs, shall be in compliance with the City’s Environmental Review Guidelines.
(Ord. 2185)
19.16.070 Zoning clearance.
A. Purpose. A zoning clearance is verification that a proposed structure or land use activity complies with the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject site.
B. Applicability. A zoning clearance shall be required when the Director reviews any building, grading or other construction permit or other authorization required by these Regulations for the proposed use. Where no other authorization is required, a request for zoning clearance shall be filed using the forms provided by the Department.
C. Criteria for Clearance. The Director shall issue the zoning clearance after determining that the proposed structure or land use activity complies with all of the applicable provisions for the category of use or the zoning district of the subject parcel.
(Ord. 2185)
19.18.010 Purpose.
This chapter is adopted to promote the general health, safety, welfare, and economy of the residents of the community. The purposes of this chapter are to:
A. Promote orderly and harmonious development of the City;
B. Enhance the desirability of residence or investment in the City;
C. Encourage the attainment of the most desirable use of land and improvements;
D. Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and
E. Promote visual environments which are of high aesthetic quality and variety and which at the same time are considerate of each other.
(Ord. 2185)
19.18.020 Applicability.
The review of project site planning and architectural design is an integral part of the development approval process. Therefore, each project that requires approval of a building permit, unless exempted by Section 19.18.040 (such as single-family dwellings), shall require review and approval of the site plan and architectural design prior to the issuance of a building permit for any work on a new structure, or improvements to alter, enlarge, remodel, repair, partially demolish, or otherwise change the exterior of an existing structure. Infill residential development projects meeting the criteria established herein Section 19.18.070 are subject to a streamlined, ministerial approval process.
(Ord. 2185; Ord. 2223; Ord. 2600)
19.18.024 Review authority.
A. Projects Requiring Building Permit Only. Site plan and architectural design review for uses permitted by right, which require only the issuance of a building permit shall be conducted by the Architectural Review and Historic Preservation Board (ARHPB), Planning Commission or, in the case of minor projects, by the Director. Residential developments which are subject to design review and do not require a discretionary permit do not constitute a project for the purposes of environmental review under the California Environmental Quality Act (CEQA).
B. Projects Requiring a Discretionary Permit. Site plan and architectural design review of projects which, in addition to a site plan and architectural design permit approval, require the issuance of a discretionary permit by the Commission or Council shall be conducted by the ARHPB or Director prior to the project's consideration by the Commission or Council.
(Ord. 2223; Ord. 2381 §2; Ord. 2410 §12)(Ord. 2435 §16, Ord. 2494, §4; Ord. 2600)
19.18.030 Review of minor projects.
Minor projects do not require review and approval by the ARHPB and may be approved by the Director. Minor projects are those which because of their limited size and scope have minor aesthetic implications. Examples of such projects include, but are not limited to, the following:
A. Alterations, repairs, and remodels that the Director determines to be of a minor nature, including signs;
B. Additions to existing structures;
C. Fences and walls;
D. New construction on existing, partially developed parcels;
E. Replacement-in-kind;
F. Satellite dish antennas larger than 1 meter in diameter;
G. Accessory residential units;
H. Signs;
I. Residential duplexes and triplexes that meet all applicable development standards;
J. Commercial projects, not located on an arterial street or within 300 feet of a residential use, that meet all applicable development standards; and
K. Residential projects within a master plan area which have adopted design guidelines.
If the Director determines that an otherwise minor project may have greater aesthetic implications, the director may refer the project to the ARHPB or Commission.
(Ord. 2185; Ord. 2223; 2410 §13; Ord. 2511, §8; Ord. 2600)
19.18.040 Exemptions.
Site plan and architectural design review are not required for:
A. Single-family dwellings, including manufactured housing, and accessory structures for single-family dwellings. Except that dwelling units which are on an infill residential flag lot as defined in section 19.76.180, or are subject to a planned development permit shall be subject to site plan and architectural design review.
(Ord. 2185; Ord. 2223, Ord. 2363 §2, Ord. 2494, §5, Ord. 2519, §10; Ord. 2549, §3; Ord. 2600)
19.18.050 Application requirements and procedures.
Any person proposing to construct, alter, enlarge, remodel, or otherwise change a new or existing structure subject to site plan and architectural design review in compliance with this chapter, shall make application for project review with, or prior to, the application for a building permit.
A. Review Procedures.
1. Factors to be Considered. Upon receipt of a complete application, the Commission, ARHPB or, in the case of a minor project, the Director, shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans to established development standards, design guidelines, and other applicable ordinances of the City, and the General Plan.
In the case of a planned development permit for a single-family detached project (see Chapter 19.28, Planned Development), the Commission shall conduct review of the proposed project including, but not limited to, building locations, conceptual elevations, locations of single and two-story homes, landscaping, pedestrian and vehicular circulation, site design and amenities, open space, fencing, architectural concept, range of building materials, and exterior colors.
2. Action, Findings, Conditions. The Director, ARHPB, or Commission may approve, approve with conditions, or deny a site design and architectural review application as follows:
a. Administrative Projects. For projects which do not require approval of a discretionary permit, the ARHPB or Director shall be the final approval authority and shall approve, approve with conditions, or disapprove the application. If a project is disapproved, the applicant shall be provided a written statement of findings to support the decision.
b. Discretionary Projects. For projects which require the approval of a discretionary permit from the Council or Commission, the ARHPB or Director may provide a written recommendation to the final review authority for their consideration concurrently with the application for the discretionary permit. The report containing findings, recommendations, and conditions shall also be forwarded to the applicant prior to consideration by the final review authority. The Council or Commission may conduct the final site plan and architectural review or may refer the project to the ARHPB or Director for final approval.
3. Revised Plans. When findings or recommendations of the staff may substantially alter a proposed development, the Director may require the applicant to submit revised plans.
B. Partial Approval. The Commission, for projects requiring a discretionary permit, and the ARHPB, for projects requiring only a building permit, may authorize the issuance of a building permit on a portion of the project, pending review and approval of the remainder of the plans. No final inspection shall be made or certificate of occupancy issued until the remaining plans are approved and the project is completed in compliance with the approved plans.
C. Reference to Design Guidelines. In reviewing projects subject to the requirements of this chapter, the Commission, ARHPB and Director shall refer to any design guidelines that have been adopted by the City in order to provide guidance to applicants seeking to comply with the requirements of this chapter. Copies of any adopted design guidelines shall be made available to the public by the Department.
D. Preliminary Design Concept Review. A request for a preliminary review of a project may be filed with the Department prior to a submittal of a complete application, at the discretion of the applicant. The purpose of the preliminary consultation is to advise the project applicant of applicable development standards, design guidelines, and other specific design criteria that may affect the design of the project.
(Ord. 2185; Ord. 2223; Ord. 2382 §1; Ord. 2410 §14)
19.18.060 Findings for projects excluding infill residential development.
The ARHPB or Director, where authorized, shall determine whether or not a non- residential project, or residential project that does not qualify as an infill development project, adequately meets adopted City standards and design guidelines, based upon the following findings:
A. The proposed development is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plans;
B. The proposed development, including the character, scale, and quality of design, are consistent with the purpose/intent of this chapter and the City’s adopted design guidelines and development standards;
C. The architectural design of structures, including all elevations, materials and colors are visually compatible with surrounding development. Design elements, including screening of equipment, exterior lighting, signs, and awnings, have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development;
D. The location and configuration of structures are compatible with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings; and
E. The general landscape design, including the color, location, size, texture, type, and coverage of plant materials, and provisions for irrigation, maintenance, and protection of landscape elements, have been considered to ensure visual relief, to complement structures, and to provide an attractive environment.
(Ord. 2185; Ord. 2410 §15)(Ord. 2435 §17, Ord. 2494, §6; Ord. 2600)
19.18.070 Infill residential development projects.
Qualifying infill residential development projects are subject to a streamlined, ministerial approval process when the development complies with all applicable objective development standards and meets the criteria established herein.
A. Qualifying Criteria. An infill residential project shall meet the following criteria:
1. The project is a multi-family housing development containing two or more residential units.
2. The development and the site on which it is located is a legal parcel.
3. At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
4. The site is zoned for residential use or residential mixed-use development, or, the site has a general plan designation that allows residential use or a mix of residential and nonresidential uses, and at least two-thirds of the square footage of the development is designated for residential use.
B. Disqualifications. For the purposes of this section, a qualifying infill development project shall not be located on a site that is any of the following:
1. Either prime farmland or farmland of statewide importance, as defined by the United States Department of Agriculture land inventory and monitoring criteria, modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code, except for sites with adopted fire hazard mitigation measures.
4. A hazardous waste site listed pursuant to Section 65962.5 or designated by the Department of Toxic Substances Control, unless specific conditions or determinations by relevant authorities apply.
5. Within a delineated earthquake fault zone, as determined by the State Geologist, unless complying with applicable seismic protection building code standards.
6. Within a special flood hazard area subject to the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency, unless meeting specific FEMA criteria or having a Letter of Map Revision.
7. Within a regulatory floodway as determined by FEMA, unless the development has received a no-rise certification.
8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
9. Habitat for protected species identified by state or federal agencies or protected by relevant conservation acts.
10. Lands under conservation easement.
(Ord. 2600)
19.18.080 Findings for infill residential development projects.
The ARHPB or Director, where authorized, shall determine whether or not an infill residential development project adequately meets adopted City standards and design guidelines, based upon the following findings:
A. The proposed development is consistent with all objective development criteria and policies of the General Plan, any applicable specific plan, and any applicable neighborhood or area plans;
B. The proposed development, including the character, scale, and type of design, are consistent with the objective development criteria of these regulations and the City's adopted design guidelines and development standards;
C. The landscape design complies with landscaping requirements, including aspects related to trees, plant materials, irrigation, and area standards; and
D. The location of structures and site elements ensure that roof or ground-mounted equipment and other exterior utilities are effectively screened from public views;
Determinations made by the ARHPB or Director under this section shall be made in accordance with State law, including the Housing Accountability Act (California Government Code Section 65589.5), which precludes the city from denying a housing development project or reducing its density if the project meets all applicable objective development standards.
(Ord. 2600)
19.18.090 Conformance to plans.
A. A building permit shall only be issued in compliance with the drawings and plans that have been approved.
B. All work performed under a building permit for which drawings and plans have been approved shall conform to the approved drawings and plans.
C. Any modifications to or deviations from the drawings and plans approved under this chapter shall be approved by the ARHPB, or the Director if the original approval was made by the Director, or if the modification is determined to be minor by the Director in compliance with Section 19.30.060 (Changes to an approved project).
D. Upon completion of the work, the site and landscaping shall be maintained in compliance with the approved plans and any conditions of approval.
(Ord. 2185; Ord. 2410 §16)(Ord. 2435 §18; Ord. 2600)
19.18.100 Expiration and extensions.
If a building permit has not been applied for and issued within three years of site design and architectural review approval, the approval shall expire and become void. Extensions may be approved by the Zoning Administrator, in compliance with Chapter 19.30. (Permit Implementation, Time Limits, Extensions).
(Ord. 2185; Ord. 2397 §3, Ord. 2440 §10; Ord. 2600)
19.20.010 Purpose.
The following provisions are intended to permit limited business activities in residential zoning districts as defined in Chapter 19.42 and the OR (Office Residential) and OC (Office Commercial) zoning districts as defined in Chapter 19.44, or in dwelling units located on projects assigned with the NE and NG TND designations when conducted by the occupants of a dwelling, in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood.
(Ord. 2185, Ord. 2358 §7)(Ord. 2435 §19)
19.20.020 Applicability.
A. Home Occupation Permit Required. A home occupation permit shall be obtained prior to the establishment or operation of any of the activities listed in Section 19.20.030 (Allowable Home Occupations). The activities regulated by this chapter shall not include those that solely involve the use of a desk, personal computer, and/or telephone, which are considered permitted uses in all residential zoning districts.
B. Business License Required. In addition to securing a home occupation permit from the Director, a business license shall be obtained and posted, in compliance with Chapter 3.32 (Business License Law) of the Municipal Code. A statement of compliance with the operating standards contained in Section 19.20.060 (Operating Standards) shall be signed prior to issuance of the business license.
(Ord. 2185)
19.20.030 Allowable home occupations.
Allowable home occupations shall include the following activities:
A. Art, music, and similar lessons;
B. Art work;
C. Artist's and sculptor's studio activities;
D. Dressmaking;
E. Millinery;
F. Sewing;
G. Small handicraft;
H. Professional offices for an architect, attorney, counselor, insurance agent, musician, planner, technical advisor, tutor, or writer; and
I. Any other use of the same general character as those listed above.
(Ord. 2185)
19.20.040 Application filing, initial processing.
An application for a home occupation permit shall include all information specified in the Department handout for home occupation permits.
(Ord. 2185)
19.20.050 Action by the Director.
The Director shall review and act upon a home occupation permit application after all required information has been submitted. Since the permit is nondiscretionary, no formal public notice is required. In reviewing the application, the Director shall determine if the proposal is in compliance with the standards and criteria listed in Section 19.20.060 (Operating standards).
(Ord. 2185)
19.20.060 Operating standards.
Home occupations shall comply with all of the following operating standards:
A. The location of the home occupation is the principal residence of the applicant and is clearly incidental and secondary to the use of the property for residential purposes;
B. No major structural changes are proposed which would significantly alter the character of the residence, or change its occupancy classification, in compliance with the Uniform Building Code;
C. Signage in residential zoning districts is limited to only one non-illuminated name plate not exceeding 1 square foot in area, approved by the Director. Signage on property subject to the TND designations of NE or NC shall comply with Chapter 19.92. There shall be no display of merchandise or stock in trade or other identification of the home occupation activity on the premises;
D. The proposed home occupation shall not create levels of new glare and light inconsistent with existing amounts of glare and light within the surrounding neighborhood;
E. The proposed home occupation shall not adversely increase noise levels beyond permissible residential noise levels within the surrounding neighborhood;
F. The proposed home occupation shall not generate electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses in the surrounding neighborhood;
G. Employment shall be limited to persons residing on the premises, and one additional person;
H. The total floor area used for the home occupation, including any area within accessory structures, shall not exceed 50 percent of the net floor area of the dwelling unit, or 400 square feet, whichever is less;
I. No equipment, materials, or products associated with the use shall be stored or displayed where visible from off the premises;
J. The proposed home occupation shall not involve the storage or use of explosive, flammable, or toxic materials, specifically defined as hazardous materials;
K. Any proposed home occupation affording access by use of a private road easement shall be conducted in a manner that shall not overburden the vehicular use of the private road easement;
L. The home occupation activity shall not generate more than 10 additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located, and no more than 2 deliveries each day. Any traffic generated by the home occupation shall be consistent with the existing traffic levels and patterns of the surrounding residential neighborhood;
M. No customers or clients shall be allowed to patronize the home occupation business between the hours of 10:00 p.m. and 8:00 a.m., except for large family day care homes (see Section 19.76.060, Large family day care homes); and
N. One service or company vehicle associated with the home occupation can be stored on the premises.
(Ord. 2185, Ord. 2358 §8, Ord. 2519 §11)
19.20.070 Home occupations not meeting operating standards.
An applicant for a proposed home occupation which the Director believes does not meet the operating standards of this chapter may apply for an administrative use permit in compliance with Chapter 19.25 of these Regulations.
(Ord. 2185, Ord. 2519 §12)
19.20.080 Changes to a home occupation permit.
Changes to a home occupation permit may be approved in compliance with Section 19.30.060 (Changes to an approved project).
(Ord. 2185)
19.21.010 Purpose, applicability.
The following provisions are intended to permit the operation of fraternity and sorority organizations as residential uses in zoning districts which are combined with the Fraternity and Sorority (-FS) Overlay Zone (Section 19.52.090).
(Ord. 2185)
19.21.020 Application.
Fraternity and sorority house permits shall be issued for a period of one year upon the submittal of an application form provided by the Director which contains all of the following:
A. The names, addresses, and telephone numbers of all fraternity and sorority officers residing at the fraternity or sorority house and two community sponsors.
B. Written authorization from the property owner granting the applicant permission to operate a fraternity or sorority house on the property.
C. A copy of the adopted bylaws and regulations for the fraternity or sorority.
D. The application shall be signed by an officer of the fraternity or sorority and shall contain an acknowledgment that all State and local laws and ordinances must be complied with, including but not limited to, the Chico Municipal Code regarding trash and recyclables collection area, signs, and noise.
(Ord. 2185)
19.21.030 Noticing of permits.
Where the Director issues a permit authorizing operation of a fraternity or sorority house pursuant to this chapter, the Director shall notice the issuance of such permit by mail to the owner and the occupant of any lot or parcel within 300 feet of the boundaries of the lot or parcel in which the fraternity or sorority house will be located. In such notice, the Director shall state, in accordance with city laws, that a permit will be issued to allow the operation of a fraternity or sorority house. Such notice shall also state that while an aggrieved person may appeal the determination of the Director to issue such permit to the Commission, in accordance with the provisions of this code, the Commission will uphold such appeal and reverse or modify the determinations of the Director if, and only if, the Commission determines the action of the Director was contrary to the express provisions of this section pertaining to the issuance of a fraternity or sorority house permit.
(Ord. 2185)
19.21.040 Operating standards.
A. An enclosed trash and recyclables collection area shall be provided at each fraternity and sorority house. The enclosure shall be constructed of solid materials and/or screened by landscaping so that it is obscured from view.
B. After the issuance of an initial permit, the fraternity or sorority house permit may be renewed annually upon receipt of a renewal application which shall be on a form provided by the Director, and which contains the information listed above.
(Ord. 2185)
19.22.010 Applicability.
Temporary uses are short-term activities that might not meet the normal development or use standards of the applicable zoning district, but are acceptable because of their temporary nature.
(Ord. 2185)
19.22.020 Temporary uses, allowed by right.
The following temporary uses are allowed. Uses that do not fall within the categories defined below, or that do not operate in accordance with the standards specified below, shall comply with Section 19.22.030 (Temporary uses subject to use permit).
A. Car Washes. Car washes, limited to two days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts on non-residential properties.
B. Construction Yards and Offices. On-site contractors' construction yards and offices, in conjunction with an approved construction project.
C. Emergency Facilities. Declared emergency public health and safety needs/land use activities.
D. Emergency Shelters. Temporary emergency shelters shall be permitted in any zoning district for a maximum of 27 days in any 90-day period, provided that the facilities are approved by the City Building Official and Fire Marshal prior to use, and provided that no other emergency shelter is operated within 500 feet during the same 90-day period.
E. Events. Arts and crafts exhibits, for up to 10 days, on non-residential properties.
F. Garage and Yard Sales in Residential Zones. Two garage or yard sales in any 12-month period, not exceeding 3 consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.
G. Offices. A temporary office, including a manufactured or mobile unit, may be approved for a maximum time period of one year from the date of approval as the first phase of a development project. An additional time period may be authorized with use permit approval, in compliance with Chapter 19.24.
H. Outside Displays/Sales. The temporary outdoor display/sales of merchandise on nonresidential properties, in compliance with Section 19.76.120.
I. Public Property. Events which are to be conducted on public property, with the approval of the City.
J. Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or until expiration of the building permit, whichever first occurs.
K. Seasonal Sales Lots. Seasonal sales activities for Thanksgiving, Christmas, or other holidays, on non-residential properties, including temporary residence/security trailers. Local agricultural products, including flowers, may be sold for a period of up to three months.
L. Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of one year from the date of approval.
M. Farmers' Markets. Temporary farmers' markets are permitted up to two times per week on non-residential properties provided that all market-related structures are removed each night; no more than 35 percent of the required parking spaces for permanent uses of the property are occupied by the farmers' market; the market area does not restrict circulation on the site; and signage for the market complies with Chapter 19.74 (Signs).
N. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, do not require a use permit and are compatible with the zoning district and surrounding land uses.
O. Recurring Events. Temporary uses that have previously obtained an administrative use permit from Planning and approved by the Fire Department in accordance with Section 19.22.030.
(Ord. 2185; Ord. 2223)(Ord. 2435 §20, Ord. 2440 §11, Ord. 2494, §7, Ord. 2610)
19.22.030 Temporary uses, subject to administrative use permit.
The following temporary uses may be allowed, subject to the issuance of a use permit. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property.
A. Carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events rodeos, rummage sales, second-hand sales, and swap meets for up to 10 days; other events, including arts and crafts exhibits, and agricultural sales and events (such as pumpkin sales and corn mazes) for over 10 days; and farmers' market that don't meet the standards in Section 19.22.020(M).
B. Offsite vehicle sales are allowed for no more than five days per event and no more than two annual events on the same property per auto dealer.
(Ord. 2185; Ord. 2223, Ord. 2364 §389)(Ord. 2435 §21, Ord. 2440 §12, Ord. 2494, §8, Ord. 2519 §13, Ord. 2610)
19.22.040 Temporary uses, subject to temporary dwelling unit permit.
Where a temporary dwelling is a permitted use as set forth by the zoning district, and a proposed temporary dwelling unit complies with all of the standards contained in Section 19.76.170, a temporary residence for an ill, convalescent or otherwise disabled friend or relative of the property owner, shall be permitted pursuant to a temporary dwelling unit permit issued pursuant to this Chapter.
(Ord. 2494, §9)
19.22.050 Condition of site.
Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with these Regulations.
(Ord. 2185, Ord. 2494, §10)
19.23.010 Purpose, applicability.
The following provisions are intended to permit food preparation and sales from a licensed motorized vehicle or a licensed trailer on a parcel located in a non-residential zoning district for a period of two years, subject to the standards in Section 19.23.040.
(Ord. 2440 §13)
19.23.020 Application.
Mobile food vendor permits shall be issued for a period of two years upon the approval of a mobile food vendor permit application form provided by the Director that includes all information necessary to allow the Director to determine if the proposed use will comply with the standards in this chapter.
(Ord. 2440 §13)
19.23.030 Action on mobile food vendor permits.
Upon review of a completed application for a mobile food vendor permit, the Director shall issue a permit if the Director determines that the proposed use complies with all of the standards set forth in Section 19.23.040, below. Mobile food vendor permits shall be approved or denied in writing. All denials shall state the reasons for the denial. Reasons for denial shall be limited to a finding by the Director that the proposed use is not permitted in the applicable zoning district or that the use does not comply with one or more of the requirements of Section 19.23.040.
(Ord. 2440 §13)
19.23.040 Operating standards.
Mobile food vendors shall comply with all of the following operating standards:
A. Comply with all federal, state and local laws and regulations, including but not limited to, those of the City of Chico and the Butte County Department of Environmental Health.
B. Submit to annual Fire Department inspection and certification of "Ansul" system, fuel storage and distribution, and fire extinguisher.
C. Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. daily when adjacent to a residential zoning district, and limited to 6:00 a.m. to midnight when adjacent to a non-residential zoning district.
D. Store the mobile vehicle or trailer off-premises during non-business hours. All associated equipment, including tables and chairs, must be stored either off-premises or out of sight within an existing structure if on-premises.
E. Keep the site free of litter and debris generated by the business at all times. The permittee shall provide trash and recycling receptacles for customer use. Any waste associated with the mobile food vendor shall be removed daily from the site.
F. All waste discharges are to be done at a facility approved by the City of Chico Industrial Waste Pretreatment Program (CIPP), or a grease interceptor must be installed on-site. If requested, the permittee must provide to CIPP staff the name and address of where the wastewater is discharged.
G. Outdoor speakers and outdoor music shall not be permitted on the site. Signs shall be permitted on the vehicle only.
H. Any connection of the vehicle to an existing or new electrical service shall be inspected and approved.
I. Customer parking shall only be allowed in striped parking stalls. The permittee shall post a sign on the mobile food vendor during open hours stating this requirement.
J. Permittee shall coordinate with the property owner to make restrooms available as needed to customers and employees.
(Ord. 2440 §13, Ord. 2494, §11)
19.23.050 Mobile food vendors not meeting operating standards.
A mobile food vending business which does not meet the operating standards of this chapter shall apply for a use permit in compliance with Chapter 19.24 (Use Permits).
(Ord. 2440 §13)
19.24.010 Purpose, applicability.
Where required by Divisions IV or VI, use permits are intended to allow for activities and uses that are unique and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Additionally, conditions of approval may be placed on a proposal to ensure that the use is compatible with existing and designated uses in the general vicinity. At the time of application, a review of the configuration, design, location, and potential impact of the proposed use shall be conducted by comparing it to established development standards.
(Ord. 2185, Ord. 2358 §9)
19.24.020 Application filing, initial processing.
An application for a use permit, or modification of an existing use permit, shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for use permits.
(Ord. 2185)
19.24.030 Hearings and notice.
Upon a determination that the use permit application is in proper form and deemed complete, the Zoning Administrator shall hold at least one public hearing, in compliance with Chapter 19.10 (Noticing and Public Hearings), or may refer the application to the Commission, which shall then hold a public hearing on the application.
(Ord. 2185)
19.24.040 Decision and findings.
Following a public hearing, the Zoning Administrator or Planning Commission may approve a use permit application, with or without conditions, only if all of the following findings can be made:
A. The proposed use is allowed within the subject zoning district and complies with all of the applicable provisions of Chapter 19.24 (Use Permits);
B. The proposed use would not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use;
C. The proposed use would not be detrimental and/or injurious to property and improvements in the neighborhood of the proposed use, as well as the general welfare of the City;
D. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;
E. For non-residential projects, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.
(Ord. 2185; Ord. 2600)
19.24.050 Expiration.
A use permit shall be exercised within three years from the date of approval or the permit shall be deemed void, unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions).
(Ord. 2185)(Ord. 2440 §14)
19.24.060 Issuance of building permit.
A building permit, granted in compliance with the provisions of this chapter and the specific terms and conditions of the use permit, shall only be issued after the required use permit has been approved and the decision has become final and effective.
(Ord. 2185)
19.24.070 Use permit to run with the land.
A use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, service, site, structure, or use that was the subject of the permit application.
(Ord. 2185)
19.24.080 Changes to a use permit.
19.24.090 Conditions of approval.
In granting a use permit in compliance with this chapter, the Zoning Administrator or Planning Commission shall designate conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan.
(Ord. 2185)
19.24.100 Pre-annexation use permit.
A pre-annexation use permit may be issued for unincorporated property annexable to the City. The purpose of the permit shall be to establish the uses that will be allowed on the property in the event of subsequent annexation. A pre-annexation use permit may be issued by the Zoning Administrator for uses requiring a use permit in a zoning district, consistent with the General Plan and any applicable specific plan and prezoning, and is effective upon annexation of the property to the City.
(Ord. 2185)
19.25.010 Purpose, applicability.
Where required by Divisions III or V, administrative use permits are intended to provide a process for Director review and determination of requests for activities and uses whose effect on the surrounding environment need to be evaluated in terms of specific development proposals for specific sites. It is anticipated that uses or activities qualifying for an administrative use permit are minor in nature, are suitable for their location, only have a minimal impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
(Ord. 2519, §14 (part))
19.25.020 Application filing, initial processing.
An application for an administrative use permit, or modification of an existing administrative use permit, shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for administrative use permits.
(Ord. 2519, §14 (part))
19.25.030 Public notice.
Prior to taking action on an administrative approval, public notice shall be provided through a mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.
(Ord. 2519, §14 (part))
19.25.040 Comment period.
The department shall provide a comment period of no less than ten calendar days prior to taking action on an administrative approval, beginning on the date the public notices are mailed. The purpose of the comment period is to enable the public to bring comments or questions to the attention of the department. If the department receives substantive comments or information which establishes that the application should not be approved administratively, the department shall either deny the application or, if requested by the applicant and upon submittal of the applicable fee, schedule a public hearing before the Planning Commission to consider the application.
(Ord. 2519, §14 (part))
19.25.050 Decision and findings.
The Director may approve an administrative use permit application, with or without conditions, only if all of the following findings can be made:
A. The proposed use is allowed within the subject zoning district and complies with all of the applicable provisions of Chapter 19.25 (Administrative Use Permits);
B. The proposed use or activity is minor in nature (de minimus) and not reasonably expected to negatively affect the surrounding properties;
C. The proposed use would not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use;
D. The proposed use would not be detrimental and/or injurious to property and improvements in the neighborhood of the proposed use, as well as the general welfare of the City;
E. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;
F. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.
The Director shall provide written notice of the decision on the administrative use permit application to the applicant and interested parties within 10 days following the final date of the comment period.
(Ord. 2519, §14 (part))
19.25.060 Conditions of approval.
In granting an administrative use permit in compliance with this chapter, the Director shall designate conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan. Granting of an administrative use permit does not exempt applicant from complying with the requirements of the building code or other ordinances and codes.
(Ord. 2519, §14 (part))
19.25.070 Expiration.
An administrative use permit shall be exercised within three years from the date of approval or the permit shall be deemed void, unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions).
(Ord. 2519, §14 (part))
19.25.080 Effect of denial.
In case an application for an administrative use permit is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including part or all of the same property shall be substantially different from the application denied, in the opinion of the Director, to be eligible for consideration within one year of the denial of the original application. An application denied without prejudice by the Director, Planning Commission or City Council shall be eligible for reconsideration within one year of the denial.
(Ord. 2519, §14 (part))
19.25.090 Issuance of building permit.
A building permit, granted in compliance with the provisions of this chapter and the specific terms and conditions of the administrative use permit, shall only be issued after the required administrative use permit has been approved and the decision has become final and effective.
(Ord. 2519, §14 (part))
19.25.100 Administrative use permit to run with the land.
An administrative use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, service, site, structure, or use that was the subject of the permit application.
(Ord. 2519, §14 (part))
19.25.110 Changes to an administrative use permit.
Changes to an administrative use permit may be approved in compliance with Section 19.30.060 (Changes to an approved project) or imposed pursuant to Chapter 19.14 (Permit Revocation).
(Ord. 2519, §14 (part))
19.26.010 Purpose.
The provisions of this chapter allow for adjustment from the development standards of these Regulations only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of these Regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated. The power to grant variances does not extend to land use regulations; flexibility in land use regulations is provided in Chapter 19.24 (Use Permits).
(Ord. 2185)
19.26.020 Applicability.
The Zoning Administrator may grant a variance from the requirements of these Regulations governing only the following development standards:
A. Dimensional standards:
1. Distance between structures;
2. Parcel dimensions (not area);
3. Setbacks;
4. Structure height;
5. On-site parking, loading, lighting, and landscaping; or
6. Sign regulations (other than prohibited signs).
B. Where the Zoning Administrator finds that significant policy questions are at issue, the Zoning Administrator may refer the application to the Commission for determination.
(Ord. 2185)
19.26.030 Application filing, initial processing.
An application for a variance shall be prepared, filed, and processed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for variances.
(Ord. 2185)
19.26.040 Hearings and notice.
Upon a determination that the variance application is in proper form and deemed complete, the Zoning Administrator shall hold at least one public hearing, in compliance with Chapter 19.10 (Noticing and Public Hearings), or may refer the application to the Commission, which shall then hold a public hearing on the application.
(Ord. 2185)
19.26.050 Decision and findings.
Following a public hearing, the Zoning Administrator or Commission shall record the decision in writing with the findings upon which the decision is based, in compliance with State law. The Zoning Administrator or Commission may approve a variance application, with or without conditions, only after first finding that:
A. There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surroundings, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of these Regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district;
B. Granting the variance is necessary for the preservation and enjoyment of substantial property rights;
C. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel;
D. Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located; and
E. Granting the variance will not, under the circumstances of the particular case, be materially detrimental to the public interest, health, safety, convenience, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.
(Ord. 2185)
19.26.060 Conditions of approval.
In granting a variance in compliance with this chapter, the Zoning Administrator or Commission may designate conditions that will ensure the objectives of the regulation or provision for which the variance is granted. The Director may record a variance with the County Recorder when the variance approval includes a condition restricting the future use or development of the property.
(Ord. 2185)
19.26.070 Changes to a variance.
Changes to a variance may be approved, in compliance with Section 19.30.060 (Changes to an approved project).
(Ord. 2185)
19.26.080 Expiration.
A variance shall be exercised within three years from the date of approval or shall be deemed void unless a written request for an extension is filed prior to the expiration date and approved prior to expiration, in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions).
(Ord. 2185)(Ord. 2440 §15)
19.27.010 Applicability.
A foothill development permit shall be required in conjunction with any land division or prior to initial development on any parcel within the Foothill Development (- FD) overlay zoning district. In the Director's discretion, a foothill development permit may be required for the following projects within the -FD overlay zoning district:
A. Construction, reconstruction, expansion of existing structures, or development projects which are outside the scope of a previous review, or
B. Any project with design features that may conflict with the stated purpose of the -FD overlay zoning district as set forth in section 19.52.100 of these regulations.
(Ord. 2440 §16; Ord. 2550 §1, Ord. 2610)
19.27.020 Application.
An application for a foothill development permit shall be filed with the Department on a form prescribed by the Director and shall include all information necessary to allow the Director to determine if the proposed project will comply with the foothill development standards set forth in Section 19.52.100 of these regulations.
(Ord. 2440 §16)
19.27.030 Action on foothill development permits.
Upon review of a completed application for a foothill development permit, the Director shall issue a permit if the Director determines that the proposed development complies with all of the development standards set forth in Section 19.52.100 of these regulations. Foothill development permits shall be approved or denied in writing. All denials shall state the reasons for the denial. Reasons for denial shall be limited to a finding or findings by the Director that the proposed development is not permitted in the applicable zoning district or that the development does not comply with one or more of the requirements of Section 19.52.100 of these regulations.
(Ord. 2440 §16)
19.28.010 Purpose.
The purpose of this chapter is to promote and encourage flexibility in the application of Code standards for site planning and property development in order to:
A. Encourage the development of affordable housing through clustering, innovative housing alternatives, and other measures;
B. Protect the public health, safety, and general welfare of the community; and
C. Ensure consistency with the General Plan, any applicable specific plan, and design guidelines.
D. Protect environmental values and natural resources;
E. Ensure provision of open areas which are planned as an integral part of overall project design; and
F. Promote development in the community which, while deviating from normal development standards, has been demonstrated to be of greater quality or community benefit than might occur with a conventional development proposal.
(Ord. 2185; 2382 §2)
19.28.020 Applicability.
A. Planned development permits are most appropriate for properties with environmental constraints and/or natural resources or other topographical or geographical constraints which require innovative or unique site planning and design, and types of development projects which are not otherwise provided for by this Code .
B. A planned development permit may modify, where demonstrated by an applicant to be necessary and justifiable, all applicable development standards contained within these Regulations, with the exception of density and/or intensity provisions as may be set forth by the General Plan. Compliance with the purpose and intent of the General Plan shall be required.
(Ord. 2185; Ord. 2382 §3)
19.28.030 Application filing, initial processing.
An application for a planned development permit shall be filed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for planned development permits.
A planned development permit may be initiated in one of the following manners:
A. Rezoning to -PD. Property may be rezoned to add the -PD overlay zone to any existing zoning district in compliance with Chapter 19.06 (Amendments to Plans and Zoning). All -PD overlay zones shall be noted by the -PD suffix combined with the underlying zoning district symbol, which shall be used on all land-use-related documents. Once rezoned, the property may only be developed in compliance with a planned development permit issued in compliance with this chapter; or
B. Other Zoning Districts. Property in any zoning district, other than a -PD overlay zone, may be developed in compliance with this chapter. Property for which a planned development permit is issued shall be considered as if it were zoned -PD.
(Ord. 2185; Ord. 2223; 2382 §4, Ord. 2494, §12, Ord. 2850, §6)
19.28.040 Development Standards
A. Setback Requirements. The structure setbacks may deviate from the setback standards specified in these Regulations and shall conform to the approved development plan;
B. Height Limits. The height of structures may deviate from the height standards specified in these Regulations and shall conform to the approved development plan;
C. Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards specified in these Regulations and shall conform to the approved development plan;
D. Open Space Requirements:
1. In all developments, at least 25 percent of the gross site area shall be devoted to landscaped and useable open space areas.
2. Landscaped and useable open space area shall not include public or private streets, off-street parking, access drives, loading areas, or areas covered by structures.
3. The Commission may grant a modification, including a modification of any open space requirement, after considering the general purposes and nature of the planned development project.
E. Maintenance of Common Areas. An applicant for a planned development permit shall provide for the permanent maintenance of all common areas within the development. The applicant shall include the following in the application or in the final development plan:
1. A plan showing all common areas and areas to be dedicated for public and/or private use;
2. Where the development consists of only one parcel, a plan for maintenance; and
3. Where the development consists of more than one parcel, certify the formation of a Chico maintenance district (CMD) or an agreement in a form approved by the City Attorney providing for the permanent maintenance of all common areas. The CMD or agreement shall be prepared by an attorney licensed to practice in the state.
(Ord. 2185, Ord. 2364 §390; Ord. 2382 §5; Ord. 2610)
19.28.050 Project Review.
Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this chapter and the City's Environmental Review Guidelines. To ensure implementation of General Plan policies relating to design, each application shall be reviewed by the Board or Director which shall forward a recommendation to the Commission in compliance with Chapter 19.18 (Site Design and Architectural Review). Any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the public works director and approval by the Commission.
(Ord. 2185; 2382 §6)(Ord. 2435 §22, Ord. 2439 §176, Ord. 2440 §17, Ord. 2494, §13)
19.28.060 Decision, findings, and conditions.
A. Following a public hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based. The Commission may approve, deny, and/or modify a planned development permit application in whole or in part.
B. Following a public hearing, the Commission may approve or conditionally approve a planned development permit only after first making all of the following findings:
1. The proposed development is allowed within the subject zoning district and generally complies with all of the applicable provisions of these Regulations with modifications as specifically approved, and applicable project design guidelines;
2. The proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area, as well as with the land uses presently on the subject property;
3. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;
4. The site is physically suitable for the type and density and/or intensity of use being proposed;
5. There are adequate provisions for public and emergency vehicle access, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety;
6. The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
7. The proposed development is consistent with the purpose of this chapter.
C. In granting a planned development permit, the Commission may adopt conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan. Such conditions may relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development, to mitigate project-related adverse effects, and to carry out the purpose and intent of the respective zoning district.
(Ord. 2185; Ord. 2223; 2382 §7)
19.28.070 Expiration.
A. Commencement. Within three years of planned development permit approval, construction shall have commenced or the permit shall be deemed void, unless extended in compliance with Section 19.30.050 (Time limits and extensions). If the application for the planned development permit also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.
B. Phasing. Where the planned development permit provides for development in two or more phases or units in sequence, the permit shall not be approved until the Commission has approved the final development plan for the entire project site. The project applicant shall not be permitted to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this chapter without Commission approval. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit, or the permit shall be deemed void. If the application for the planned development permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.
(Ord. 2185, Ord. 2440 §18)
19.28.080 Use of property before final decision.
No permit shall be issued for any use involved in an application for a planned development permit until and unless the same shall have become final, in compliance with Section 19.30.020 (Effective date of permits). Once approved, the final development plan shall be deemed a part of the planned development permit containing the development regulations for the property subject to the permit.
(Ord. 2185)
19.28.090 Changes to a planned development permit.
Changes to an approved planned development permit and companion final development plan may be approved in compliance with Section 19.30.060 (Changes to an approved project).
(Ord. 2185)
19.28.100 Extension.
Extensions to the term of a planned development permit may be approved by the Zoning Administrator in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions).
(Ord. 2185; Ord. 2397 §4)
19.28.110 Previously approved planned developments.
A. Any planned development approved prior to the effective date of these Regulations shall remain subject to the previously approved final development plan.
B. Any planned development approved prior to the effective date of these Regulations shall be deemed to have a valid planned development permit and final development plan, and may be developed in compliance with that final development plan.
(Ord. 2185)
19.30.010 Purpose.
The following provisions outline requirements for the implementation or "exercising" of the entitlements required by these Regulations, including time limits and procedures for extensions of time.
(Ord. 2185)
19.30.020 Effective date of permits.
Permits issued for ministerial projects including Home Occupations, Two-Unit Housing Developments, and Urban Lot Splits shall be effective upon approval by the Director. Unless otherwise stated, permits for all other land use entitlements shall become effective on the 11th day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 19.12 (Appeals). Development agreements, specific plans, and amendments to the General Plan, Zoning Map, and these Regulations shall become effective on the 31st day following the date of approval by the Council. No permit, certificate, or other entitlement may be issued until the effective date.
(Ord. 2185, Ord. 2440 §19, Ord. 2494 §14, Ord. 2850 §7)
19.30.030 Performance guarantees.
The granting of any discretionary permit may be conditioned upon the provision of adequate security, in a form specified in the conditions of the project approval, to guarantee the faithful performance of all conditions of approval imposed on the entitlement.
(Ord. 2185; Ord. 2223)
19.30.040 Permit implementation - Commencement of use.
Any approved entitlement shall be exercised prior to its expiration. The entitlement shall not be deemed "exercised" until the permittee has actually obtained a building permit and continuous onsite construction activity, including pouring of a foundation, installation of utilities, or other similar substantial improvements, has commenced, or the permittee has actually implemented the allowed land use on the subject property in compliance with the conditions of approval.
(Ord. 2185)
19.30.050 Time limits and extensions.
A. Time limits. Unless conditions of approval establish a different time limit or the permit is extended in compliance with this section, an entitlement not exercised within three years of approval shall expire and be deemed void.
B. Expiration by Non-use. Any entitlement may expire by non-use pursuant to notice and a hearing as set forth in Chapter 19.14.
C. Expiration by New Entitlement. Any entitlement shall expire and be deemed void when the prior entitlement is superseded or replaced with a new entitlement.
D. Extensions of Time. Upon request by the applicant, the Zoning Administrator may extend the time for an approved entitlement to be exercised or may refer the extension request to the Commission. The permittee shall file a written request for an extension of time with the Department at least 30 days before the expiration of the entitlement, together with the filing fee required by the City fee resolution.
The Zoning Administrator shall then determine whether the permittee has attempted to comply with the conditions of the entitlement. The burden of proof is on the permittee to establish, with substantial evidence, that the entitlement should not expire. If the Zoning Administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Zoning Administrator may grant an extension of the entitlement for up to two additional years. In the case of a planned development permit, the Zoning Administrator may grant a one-time extension of a planned development permit for up to two additional years. Any additional extensions of a planned development permit may only be granted by the Commission.
E. A project that is associated with the approval of a tentative map shall have the same expiration date as the tentative map.
F. Phased projects which were reviewed and approved as an entire project may have expiration dates corresponding to the phased development.
(Ord. 2185; Ord. 2223; Ord. 2397 §5, Ord. 2440 §20, Ord. 2494, §15)
19.30.060 Changes to an approved project.
Development or a land use authorized by approval of a permit shall be established, maintained or operated only as approved by the review authority and subject to any conditions of approval and mitigation measures, except when changes to the project are approved in compliance with this section. A permittee may apply to the department for changes in any use or improvement authorized by the permit or any condition of approval applicable to the use or improvement, and shall then furnish appropriate supporting materials and an explanation of the reasons for the application. Changes may be requested either before or after an approved use is established or commenced or a related improvement is constructed or installed.
A. Minor changes. The director or zoning administrator, as applicable, may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the director or administrator finds that the changes:
1. Are consistent with all applicable provisions of these Regulations;
2. Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit;
4. Do not result in the deletion or negation of any mitigation measure imposed on the project; and
5. Do not result in an expansion in the scope or intensity of the use.
B. Major modifications. Modifications to a project that are not minor changes subject to subsection A, above, shall only be approved by the review authority through a new entitlement application or modification, processed in compliance with these Regulations.
C. Modification in lieu of revocation. A permit or other entitlement approved or issued under this title, or subject to administration under this title, or required to be implemented or exercised in compliance with any provision of this title, may be modified, in lieu of revocation, pursuant to Chapter 19.14 (Permit Revocation).
(Ord. 2185; Ord. 2223. Ord. 2312 §36, Ord. 2364 §391)
19.30.070 Resubmittals.
When an application for an entitlement or amendment is denied, no application for the same or substantially same entitlement or amendment shall be resubmitted, in whole or in part, for the ensuing one-year period except as otherwise specified at the time of denial. The Director shall determine whether the new application is for an entitlement or amendment which is the same or substantially the same as a previously denied entitlement or amendment. The Director, Zoning Administrator, Commission, or Council may grant permission, for good cause, to resubmit an application for a previously denied entitlement or amendment prior to expiration of the one-year period.
(Ord. 2185; Ord. 2223)
19.32.010 Purpose.
A. This chapter outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners, the Commission, or Council. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of State law, and shall be so construed.
B. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, State law, and the agreement. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
1. The plain terms of the development agreement;
2. The provisions of this chapter; and
3. The provisions of State law.
(Ord. 2185)
19.32.020 Application.
A. Any owner of real property may request and apply through the Director to enter into a development agreement. Acceptance of the application is contingent on the following:
1. The status of the applicant as an owner of the property is established to the satisfaction of the Director;
2. The application is made on forms approved, and contains all information required, by the Director; and
3. The application is accompanied by all lawfully required documents, materials, and information.
B. The Director shall receive, review and process all applications for development agreements and prepare recommendations for Commission and Council consideration for all such applications.
C. Processing fees, as established by resolution of the Council, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with State law.
(Ord. 2185)
19.32.030 Public hearings.
A. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 19.10 (Noticing and Public Hearings). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application.
B. Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council, in compliance with Chapter 19.10 (Noticing and Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application.
C. Notice of the hearings shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law.
(Ord. 2185)
19.32.040 Findings.
The Council may approve or conditionally approve a development agreement only after first making all of the following findings:
A. The development agreement would be in the best interests of the City; and
B. The development agreement would promote the public interest and welfare of the City.
(Ord. 2185)
19.32.050 Execution and recordation.
A. The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Chapter 19.10 (Noticing and Public Hearings), becomes effective;
B. The provisions of this chapter shall not be construed to prohibit the Director, Zoning Administrator, Commission, or Council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law; and
C. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed.
(Ord. 2185)
19.32.060 Effect of development agreement.
Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, 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.
Unless specifically provided for in the development agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.
(Ord. 2185)
19.32.070 Approved development agreements.
Development agreements approved by the Council shall be on file with the City Clerk.
(Ord. 2185)
19.34.010 Purpose.
The purpose of this chapter is to provide for the transfer of development rights (TDR) to relocate potential development from areas where adverse environmental or land use impacts could occur, to other areas where impacts can be eliminated or minimized, while still granting appropriate development rights to each site.
(Ord. 2185)
19.34.020 Applicability.
A. The number of dwelling units allowed on one site (the donor site) may be transferred and constructed on another contiguous or noncontiguous site (the receiving site). The result may be a higher density than the receiving site would normally be allowed under the General Plan designation and/or the applicable zoning district, under the circumstances described in this section.
B. The participation of a property owner in TDR shall be on a voluntary basis only and shall be subject to approval of a planned development permit, specific plan, or development agreement. Through the approval process, the applicant(s) shall demonstrate that it is necessary to conserve the site from which density is being transferred, and that the site which receives this additional density can accommodate it.
(Ord. 2185)
19.34.030 Application requirements.
In addition to the information required for a planned development permit, specific plan, or development agreement application, in compliance with Chapters 19.28 (Planned Development), 19.36 (Specific Plans), and 19.32 (Development Agreements), the following additional information shall be provided where TDR is being considered:
A. Affidavits of consent from all registered property owners of all property subject to the planned development permit, specific plan, or development agreement. This shall include the donor site being conserved and the receiving site which is being developed with the transferred density rights;
B. A description of the donor site and a statement outlining how the receiving site fulfills the TDR conservation program;
C. A calculation of the number of units available to be transferred. The calculation shall be made as follows: the area of the donor site (in acres), multiplied by the number of dwelling units per gross acre allowed by the zoning district, minus the existing and proposed number of dwelling units on the donor site. The number of dwelling units allowed per gross acre shall be consistent with the assumed average densities listed in the General Plan and the density range identified for the subject zoning district, in Chapter 19.42 (Residential Zones);
D. A description of the receiving site and a statement outlining the availability of support services and infrastructure necessary for the development; and
E. A description of the proposed conservation easement or restriction, as described and required in compliance with Section 19.34.050 (Conservation easements or restrictions), below.
(Ord. 2185)
19.34.040 Approval process.
19.34.050 Conservation easements or restrictions.
The donor site shall have conservation easements or restrictions to reflect the conditions of approval of the planned development permit, specific plan, or development agreement which restricts the future development or division of the donor site. The conservation easements or restrictions shall be recorded against the donor site prior to the recordation of a parcel map, final map, or other development entitlement for the receiving site.
(Ord. 2185)
19.36.010 Purpose.
The purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans for the coordination of future development within the City. Specific plans are considered to be an important planning tool available to the City for implementing the General Plan in compliance with State law.
(Ord. 2185)
19.36.020 Initiation, pre-submittal, and preparation of specific plans.
A specific plan may be initiated in the following manner:
A. City. By a resolution of intention adopted by the Council, with or without a recommendation from the Commission; or
B. Property Owner. By an application filed by one or more of the owners of the property to be included in a specific plan. If initiated by an applicant, the following process shall first occur:
1. Pre-Submittal Application. A pre-submittal application, fee, and conference with the Director prior to the filing of a formal specific plan application are required; and
2. Public Meeting(s) Required. Prior to the preparation of the specific plan, the City shall hold at least one noticed public meeting to identify potential community impacts and concerns relating to the proposed plan.
(Ord. 2185)
19.36.030 Content of specific plan application.
A specific plan application shall include a text and one or more diagrams which contain all of the required elements outlined in State law in addition to all data and related exhibits specified in the Department handout for specific plans.
(Ord. 2185)
19.36.040 Adoption/amendment of specific plans.
A specific plan shall be prepared, adopted, and amended in the same manner as the General Plan, in compliance with Chapter 19.06 (Amendments to Plans and Zoning).
(Ord. 2185)
19.36.050 Findings.
The Council may approve a specific plan only if the specific plan is found to be consistent with the General Plan and these Regulations.
(Ord. 2185)
19.36.060 Specific plan consistency.
No public works project, tentative or parcel map, or other land use entitlement may be approved, adopted, or amended, nor may a building permit be issued for properties within an area covered by a specific plan, unless found to be consistent with the adopted specific plan.
(Ord. 2185)
19.37.010 Purpose.
The purpose of this chapter is to promote the general welfare by providing for the identification, designation, protection, enhancement, perpetuation, and use of historical resources including improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage. It is also the purpose of this chapter:
A. To implement the policies and goals of the city’s General Plan related to cultural resources and historic preservation;
B. To identify, protect, and encourage the preservation of significant architectural, historic, prehistoric, and cultural structures and sites, resources, landmarks, and properties within the city;
C. To establish incentives for property owners to maintain, protect, and rehabilitate historic structures, sites, and other historic objects or features such as rock walls or hitching posts;
D. To encourage development that preserves and re-uses historic and cultural resources;
E. To safeguard city-owned historic and cultural resources through public projects;
F. To provide for consistency with state and federal preservation standards, criteria, and practices; and
G. To increase the economic benefits of historic preservation to the city, business owners, and residents.
(Ord. 2410 §18)
19.37.020 Applicability.
A. This chapter applies to properties and landmarks listed on the City of Chico Historic Resources Inventory, properties or landmarks within a landmark overlay zoning district, and properties which are listed or which are eligible for listing on the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, or California Points of Historical Interest.
B. Any property to which this chapter applies shall remain subject to all zoning ordinances that would otherwise apply to such property.
(Ord. 2410 §18)
19.37.030 Definitions.
When used in this chapter, the following terms and phrases shall have the meanings set forth below.
A. Alteration. Alteration means any exterior change or modification of a structure, site, or resource on the city’s Historic Resources Inventory or within a landmark overlay zoning district that requires the issuance of a building permit, demolition permit, grading permit, new construction, relocation of a structure onto, off of, or within, a designated property or site, or other changes to the property or site affecting the significant historical or architectural features of the resource. Alterations are divided into either minor or major alterations as follows:
1. Minor alteration. Minor alterations are those which, because of their limited size and scope, have been determined by the Director to involve only minor or negligible impacts to the historic integrity of a resource and may include the following:
a. Additions to existing structures;
b. Addition or modification of signs, fences, or walls;
c. New construction on existing, partially developed parcels;
d. Replacement-in-kind;
e. New satellite dish antennas;
f. Minor grading activities; and
g. Addition or modification of accessory residential units.
2. Major alteration. A major alteration is a physical change that does not meet the definition of a minor alteration and that has the potential to affect the historic integrity of the resource such that the resource no longer meets one or more of the designation criteria established by section 19.37.040 of this chapter.
B. Architectural feature. Architectural elements embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, the architectural style, design, arrangement, massing, texture, painted and unpainted surfaces, and materials.
C. Board. The Architectural Review and Historic Preservation Board.
D. California Historical Building Code (“CHBC”). The most recent version of the California Building Code that regulates alterations to qualified historic structures.
E. California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest. Buildings, sites, features, or events that are of local (city or county) significance and have anthropological, cultural, military, political, architectural, economic, scientific or technical, religious, experimental, or other historical value as designated and listed by the State Historical Resources Commission.
F. Certificate of Appropriateness. A certificate issued by the board which approves specified exterior alterations to a property listed on the city’s Historic Resources Inventory.
G. Certificate of Demolition. A certificate issued by the board which authorizes the demolition, removal, or relocation of a designated historical resource listed on the city’s Historic Resources Inventory.
H. Certified Local Government (“CLG”). A local government which has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966. The CLG program is administered by the State of California Office of Historic Preservation.
I. Cultural Landscape. A geographic area (including both cultural and natural resources) associated with an historic event, activity, or person, or exhibiting other cultural or aesthetic qualities.
J. Demolition. Any act or failure to act that destroys, removes, modifies, or relocates, in whole or in part, an historical resource such that its historic character and significance is materially altered.
K. Historic Resource. Improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value which are designated as landmarks on the city’s Historic Resources Inventory or located within a landmark overlay zoning district.
L. Historic Resources Inventory. The City of Chico Historic Resources Inventory as adopted by the City Council.
M. Landmark Overlay Zoning District. A defined geographic area with a concentration of historic resources which are related historically or aesthetically by plan or physical development and which can be distinguished from surrounding properties by characteristics such as density, scale, type, age, architectural styles and periods or objects, or by documented differences in patterns of historic development or associations.
N. Integrity. The ability of an historical resource to convey its significance.
O. Landmark. Buildings, structures, objects, signs, features, sites, places, areas, cultural landscapes or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value and designated as such by the City Council.
P. National Register of Historic Places. The nation's official list of buildings, structures, objects, sites, and districts worthy of preservation because of their significance in American history, architecture, archeology, engineering, and culture.
Q. Object. Constructed features or elements that are distinguished from buildings and structures as being artistic, simply constructed, utilitarian in nature, or relatively small in scale. Although they may be movable, objects are associated with a specific setting or environment. Examples of historic objects in the City of Chico would include hitching posts and rock walls.
R. Ordinary maintenance and repair. Any work for which a building permit is not required, where the purpose and effect is to prevent or correct any deterioration or damage to the exterior of any structure or property.
S. Period of Significance. The length of time that a property was associated with important events, activities, or persons, or attained the characteristics that qualify it for designation.
T. Relocation. The removal of an historical resource from its original site to a new site.
U. Secretary of the Interior's Standards for the Treatment of Historic Properties. Guidelines and standards for preserving, rehabilitating, restoring and reconstructing historic buildings, as established by the National Park Service and the Secretary of the Interior that guide treatment of historic properties (36 CFR Part 68).
V. State of California Department of Parks and Recreation Survey Forms. The current official State of California forms that contain information about an historical resource and utilized as the basis of information for the City of Chico Historic Resources Inventory.
(Ord. 2410 §18, Ord. 2511, §11)
19.37.040 Historic resource designation criteria.
A. Landmark and Landmark Overlay Zoning District Significance Criteria. Upon the recommendation of the board and approval of the City Council, an historic resource may be designated a landmark, or a definable geographic area may be designated a landmark overlay zoning district, if the resource or area meets any of the following criteria and retains a high level of historic integrity.
1. The resource or area is associated with events that have made a significant contribution to the broad patterns in the history of Chico, the State of California, or the nation;
2. The resource or area is associated with individuals who were significant in the history of Chico, the State of California, or the nation;
3. The resource or area embodies the distinctive characteristics of a type, period, architectural style or method of construction, represents the work of a master designer, or possesses high artistic values.
B. Additional Factors to be Considered in Landmark Designation. In determining whether to designate a resource a landmark, the following additional factors may be considered, if applicable:
1. A resource moved from its original location may be designated a landmark if it is significant primarily for its architectural value, or if it is one of the most important surviving structures associated with an important person or historic event.
2. A birthplace or grave may be designated a landmark if it is that of an historical figure of outstanding importance in the history of Chico, the state, or the nation.
3. A cemetery may be designated a landmark if it represents a group of persons or an era that collectively is significant in the broad patterns in the history of Chico, the State of California, or the nation.
4. A reconstructed building may be designated a landmark if the reconstruction is historically accurate based on sound historical documentation, is executed in a suitable environment, and if no other original structure that has the same historical association exists.
5. A resource achieving significance within the past fifty years may be designated a landmark if the resource is of exceptional importance within the history of Chico, the state or the nation.
C. Additional Factors to be Considered in Designating a Landmark Overlay Zoning District. In deciding whether to apply the landmark overlay zoning district to a geographic area, the following additional factors may be considered, if applicable:
1. To be designated a landmark overlay zoning district, the contributing properties must retain historic integrity and the collective value of the district contributors may be greater than the individual resources within the landmark district.
2. A landmark overlay zoning district should exhibit a recognizable style or era of design, an association of design integrity, setting, materials, and workmanship.
(Ord. 2410 §18)
19.37.050 Initiation of designation process.
Historical resources may be listed on the City of Chico Historic Resources Inventory by the City Council upon the recommendation of the board. Consideration of resources for listing may be initiated in the following manners:
A. Initiation of Landmark Designations. Designation of landmarks may be initiated by the City Council, the board, or the owner of the property that is proposed for designation. All landmark designations shall be initiated by the submittal of an application to the Director and shall include the following:
1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the board can render an informed recommendation concerning the application;
2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historical resources;
3. Current and historical photographs, if available, of the resource; and
4. The address and assessor’s parcel number of the property.
B. Initiation of Landmark Overlay Zoning Districts. Designation of landmark overlay zoning districts may be initiated by the City Council, the board, or by a property owner within the boundaries of the district proposed for designation. All landmark overlay zoning district designations shall be initiated by the submittal of an application to the Director and shall include the following:
1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the Director can render an informed recommendation concerning the application;
2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historic resource;
3. Current and historical photographs, if available, of the resources within the proposed district;
4. A list of addresses and assessor parcel numbers of potential contributor properties and non-contributor properties; and
5. A map identifying potential contributor properties and non-contributor properties and the boundaries of the proposed landmark overlay zoning district.
C. Designation Initiated by Proposed Demolition or Major Alteration.
1. Upon receipt of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district, the Building Official shall refer the application to the Director for a preliminary determination of the building’s, structure’s, or object’s eligibility to be designated a landmark and listed on the City’s Historic Resources Inventory.
2. Should the Director determine that the resource substantially meets at least one of the eligibility criteria specified in section 19.37.040, then the Director shall forward a recommendation to the board whether to designate the affected resource as a landmark on the City’s Historic Resources Inventory and whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.
(Ord. 2410 §18)
19.37.060 Public hearings and decision.
A. Upon receipt of a complete application from a property owner for a landmark designation or designation of a landmark overlay zoning district, or upon initiation of a landmark designation or designation of a landmark overlay zoning district by the board or City Council, or upon referral of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district from the Building Official to the Director, the Director shall set the matter, together with recommendations, for a public hearing before the board.
B. Board Recommendation on Landmark Designations. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark designation based upon the landmark significance criteria required by section 19.37.040 and, if applicable, whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.
C. Board Recommendation on Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark overlay zoning district based upon the findings required by Chapter 19.06 and whether the resource meets the significance criteria for a landmark overlay zoning district required by section 19.37.040.
D. Proposed landmark designations and designations of landmark overlay zoning districts associated with projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the proposed designation.
E. Upon receipt of the board's recommendation to the City Council regarding landmark designations and designations of landmark overlay zoning districts, the City Clerk shall set the matter for a public hearing before the City Council.
F. City Council Decision on Landmark Designations and Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the City Council may adopt, modify, or reject the recommendations of the board. The significant features and characteristics of the nominated property or landmark overlay zoning district identified by the board, or the grounds for recommended approval or denial of a proposed demolition or major alteration, shall not be considered binding on the City Council, and nothing shall prevent or preclude the City Council from identifying different, additional or fewer significant features and characteristics of a landmark designation or modified boundaries of a landmark overlay zoning district, or different or additional grounds for approval or denial of a proposed demolition or major alteration. Adoption of any listing on, or deletion from, the Historic Resources Inventory, or the approval or denial of a proposed demolition or major alteration, shall be made by resolution containing findings of fact based upon the significance criteria established by section 19.37.040 and, if applicable, the findings in section 19.37.100.
(Ord. 2410 §18)
19.37.070 Landmark designations for properties listed on national or state historic registers.
Properties listed on the National Register of Historic Places or the California Register of Historical Resources shall be subject to the protections and requirements of this chapter and are hereby listed on the Historic Resources Inventory subject to City Council approval.
(Ord. 2410 §18)
19.37.080 Amendment or removal from the Historic Resources Inventory.
Amendments or removal of landmarks from the Historic Resources Inventory may be initiated by the property owner, Council, or board. All amendments or removal of landmarks from the Historic Resources Inventory shall be initiated by the submittal of an application to the Director and shall include supporting evidence that a resource no longer meets the significance criteria listed in section 19.37.040. Upon a recommendation from the board, the City Council may amend or remove historic resources listed on the Historic Resources Inventory by finding that a resource no longer meets the significance criteria listed in section 19.37.040.
(Ord. 2410 §18)
19.37.090 Stay of work.
While the board’s recommendation regarding whether a property should be designated as a landmark is pending, or the City Council's decision regarding a designation is pending, a stay of work shall exist. During the stay of work, any work that would require a certificate of appropriateness or a certificate of demolition shall not be performed. The stay shall terminate upon the decision of the Council to approve in whole, in part, or deny in its entirety the proposed designation. The stay of work shall not exceed 180 calendar days from the date of commencement of the stay of work.
(Ord. 2410 §18)
19.37.100 Certificate of appropriateness and certificate of demolition.
A. No building or demolition permits for a major alteration shall be issued for any property listed on the Historic Resources Inventory without a certificate of appropriateness or a certificate of demolition approved by the board.
B. Filing of Application. Applications for a certificate of appropriateness or certificate of demolition for work to be performed on property listed on the Historic Resources Inventory shall be filed with the department. Applications shall include all necessary materials and information required by the application form as necessary to illustrate the existing property conditions and the proposed exterior alterations. Where required by the board or the Director, applications shall also illustrate or document the architectural character of surrounding structures in the neighborhood.
C. Findings. The following findings are required prior to approval of a certificate of appropriateness or certificate of demolition:
1. The proposed alterations or relocations do not detrimentally alter, destroy, or adversely affect the resource and, where applicable, are compatible with the architectural style of the existing surrounding structures;
2. The proposed alterations or relocations retain the essential elements that make the structure, site, or feature significant;
3. Any new construction conforms with any applicable design guidelines and, if the property is within a landmark overlay zoning district, does not adversely affect the character of the district or designated landmarks or historic sites within the historic overlay zoning district;
4. Any new construction is compatible with existing surroundings including the appropriateness of materials, scale, size, height, and placement;
5. Any demolition or removal is necessary because the structure or site is hazardous and repairs or stabilization are not physically or economically feasible; and
6. The site is required for a public use that will be a greater public benefit than the resource and there is no feasible alternative location for the public use.
D. Certificates of appropriateness and certificates of demolition for projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the certificate of appropriateness or certificate of demolition.
(Ord. 2410 §18)
19.37.110 Economic hardship.
If an applicant presents evidence to the board that denial of an application for a certificate of appropriateness or certificate of demolition will cause an economic hardship because of conditions peculiar to the particular structure or other feature involved, the board may approve or conditionally approve such application waiving the requirements of this chapter. A determination of economic hardship may be made only if the board finds that:
1. Denial of the application will diminish the value of the subject property so as to leave substantially no value; or
2. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; or
3. Utilization of the property for lawful purposes is prohibited or impractical; or
4. Rental at a reasonable rate of return is not economically feasible.
(Ord. 2410 §18)
19.37.120 Exemptions.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of a designated landmark or of a building, structure or object located on property located within a landmark overlay zoning district if the maintenance and repair does not involve a change in the exterior character-defining features of the historic resource, including the following activities which shall not require a certificate of appropriateness or certificate of demolition:
1. Repainting of surfaces that were originally painted and the color scheme is not a significant character-defining feature of the historic resource;
2. Routine cleaning and maintenance;
3. Window replacement, door replacement, and re-roofing with design elements that are consistent with the architectural style and era of the listed resource;
5. New construction of accessory buildings or additional development as permitted by the primary zoning district, applicable development standards, or as part of an historic preservation incentive;
6. Dry rot repair of any exterior features with replacement materials that are compatible with the architectural style and era of the listed resource;
7. The addition, repair, or modification of exterior utility equipment including heating, venting and air conditioning units, evaporative coolers, electrical or gas meters, and hot water heater cabinets;
8. Swimming pools or driveways that do not substantially alter or diminish the resource's character-defining features or integrity;
9. Solar power equipment that does not substantially alter or diminish the resource's character-defining features or integrity, or which is located out of general public view; and
10. Minor alterations as defined by this chapter.
B. Unsafe or Dangerous Conditions. Any construction, reconstruction, alteration or removal of any feature determined by the Building Official to be necessary to protect public health or safety because of unsafe or dangerous conditions is exempt from the requirements of this chapter.
C. Secretary of the Interior's Standards - Exemption. Alterations or maintenance activities that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties are exempt from the requirements of this chapter.
(Ord. 2410 §18, Ord. 2440 §21)
19.37.130 Relocation as alternative to demolition.
Relocating a designated landmark within the City may be an acceptable alternative to demolition if the board approves a certificate of demolition and finds that the relocation does not affect the resource’s consistency with the significance criteria required by section 19.37.040. In approving any such relocation, the board shall also find that:
1. The resource will retain its historic character-defining features;
2. The relocation complies with the Secretary of the Interior's Standards;
3. The new location is within the City, is comparable in public visibility; orientation, setting, and general environment; and
4. The receiving parcel is appropriately zoned and sized for the resource.
(Ord. 2410 §18)
19.37.140 Incentives for maintenance or development of landmark property.
The following incentives shall be available to owners of property listed on the Historic Resources Inventory to support the continued maintenance, rehabilitation, minor alteration, or further development of the property. The designation of a property on the Historic Resources Inventory shall not preclude redevelopment or further development of the property consistent with the requirements of this chapter.
A. Modification of Development Standards. Upon receipt of an application, and when doing so to advance the purposes of this chapter, the Director may approve modifications from requirements for:
1. Setbacks;
2. Open space;
3. Parking;
4. Site coverage;
5. Height; and
6. Minimum residential density.
B. Findings for Modification of Development Standards. The Director may approve an application to modify the development standards listed above if the Director finds that the modifications would not result in:
1. A loss of the aesthetic, architectural, or historic integrity of the resource;
2. New structures or development, or changes to existing structures, that are incompatible with other structures in the neighborhood;
3. New structures or development, or changes to existing structures, that are inconsistent with the General Plan, or any applicable neighborhood or specific plan;
4. New structures or development, or changes to existing structures, that are detrimental to the health, safety, and general welfare of persons residing in the neighborhood; and
5. New structures or development, or changes to existing structures, that are detrimental or injurious to property and improvements in the neighborhood.
C. Facade Improvement Program. The City of Chico sponsors a low-interest loan program designed to use both public and private funds to rehabilitate, upgrade, and generally improve the appearance of commercial building facades within the City of Chico, including historic properties listed on the City of Chico Historic Resources Inventory.
D. The California Historic Building Code may be applied to projects involving properties listed on the Historic Resources Inventory or located within a landmark overlay zoning district as determined by the Building Official.
E. Historical Property Preservation Agreements (Mills Act Agreements). California Government Code section 50280, et seq., authorizes cities to enter into agreements with the owners of qualified historical property to provide for the use, maintenance and restoration of such property to ensure the retention of the property’s characteristics as property of historical significance. In the City of Chico, this voluntary process allows owners of property listed on the Historic Resources Inventory to enter into Historical Property Preservation Agreements with the City of Chico to provide property tax relief as an incentive for historic property preservation.
F. Federal Rehabilitation Tax Credits. Federal rehabilitation tax credits are administered through the California State Office of Historic Preservation and reward private investment in the rehabilitation of historic properties that are individually listed on the National Register, that contribute to a National Register Historic District, or are within certain registered local historic districts. Properties must be income-producing and must be rehabilitated according to standards set by the Secretary of the Interior.
(Ord. 2410 §18, Ord. 2494 §16)
19.37.150 Required maintenance for historic resources.
The owner, lessee, or any other person in possession or control of a designated historical landmark shall prevent:
A. The deterioration or decay of any exterior portion of the historical resource; and
B. The deterioration or decay of any interior portions of an historical resource if such maintenance is necessary to preserve any exterior portion of the historical resource.
“Deterioration or decay" refers to those conditions of the structure or improvement that threaten the structural or historical integrity of the resource or improvement.
(Ord. 2410 §18)