A.

Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this Zoning Code.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found elsewhere in applicable City ordinances.

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 106.60 (Permit Application Filing and Processing), for each application.

A.

Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the use.

B.

Applicability. Where Article 2 (Zoning Districts and Allowable Land Uses) or other provision of this Zoning Code requires a Zoning Clearance as a prerequisite to establishing a land use, or a Business License is required by Municipal Code, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Code for the proposed use.

C.

Review and approval. The Zoning Clearance shall be reviewed and a decision determined within 120 days from the day the application is determined complete. The Director shall issue the Zoning Clearance after determining that the request complies with all Zoning Code provisions applicable to the proposed use. An approval may be in the form of a stamp, City staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

(Ord. No. 2017-002, § 3(Exh. A-1), 7-13-2017)

A.

Purpose. This Section establishes procedures for the granting of Temporary Use Permits for short-term activities. This use is a special privilege, not a matter of right; it is subject to a revocable permit in compliance with Section 106.64.090 (Permit Revocation and Modification).

B.

Applicability. A Temporary Use Permit is required to authorize activities or events as described in Section 106.42.250.

C.

Review authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this Section.

D.

Application filing and processing. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required. Only one Temporary Use Permit is required for special events; each individual participant is not required to obtain a Temporary Use Permit. All vendors participating in the event must obtain an individual City Business License.

E.

Fee exemptions. A recognized 501(c)(3) organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one permit per year.

F.

Health Permit. The vending of food, produce, or other edible items requires a valid health or other permit issued by the appropriate agency.

G.

Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Planning Commission in compliance with Chapter 106.76 (Public Hearings).

H.

Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. In the authorizing of a permit, the approving authority may impose time limits based upon the consideration and the location of nearby businesses, other high traffic generators, or proximity to other vendors to prevent the proliferation of vendors in an area thus negatively impacting traffic and pedestrian safety.

I.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on a Temporary Use Permit application.

J.

Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished.

K.

Indemnification. As a condition of issuance, the applicant agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken in compliance with the Temporary Use Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the permit, or suspension or revocation of the permit, and no applicant shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation.

L.

Term of permit, renewal. Each permit shall be valid for the time specified in the permit up to a maximum of one year. The permit may be renewed subject to compliance with all terms and conditions of the permit, the standard established in the Section 106.42.250, and payment of applicable fees.

M.

Transferability. The permit is not transferable to any other entity or person and is valid only as to the original applicant.

(Ord. No. 2008-15, § 1, 12-11-2008; Ord. No. 2013-011, § 3, 11-14-2013; Ord. No. 2016-005, § 1, 8-11-2016)

A.

Purpose. Design Review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the attractive appearance of the City. Therefore, the purposes of these procedures and requirements are to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3.

Retain and strengthen the visual quality and attractive character of the community;

4.

Assist project developers in understanding the City's concerns for the aesthetics of development; and

5.

Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability and review authority. Design Review shall be required and conducted for projects as shown in the following table.

1.

Design Review is not required for a project that is smaller than the thresholds listed in the table (for example, an individual single family home that is not part of a development of multiple homes and single family homes as part of a development of two or fewer homes).

2.

Design Review is required for a proposed residential land division based on the number of proposed dwelling units, in compliance with the following table.

3.

Design Review is required in addition to all other planning permit or approval requirements of this Zoning Code, and the Municipal Code.

C.

Application filing and processing. An application shall be prepared, filed, and processed in compliance with Section 106.60.040 (Application Preparation and Filing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection D below.

D.

Findings and decision. The review authority shall approve or disapprove an application for Design Review approval concurrently with the approval or disapproval of any other planning permit (i.e., Use Permit, Minor Use Permit, Variance or Minor Variance, Zoning Clearance, or subdivision map) required for the project, if the Design Review application is filed with the City at the same time. Design Review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval:

1.

Complies with this Section and all other applicable provisions of this Zoning Code;

2.

Provides architectural design, building massing and scale, and street and lot layout in the case of a subdivision, that are appropriate to and compatible with the site surroundings and the community;

3.

Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

4.

Provides safe and efficient public access, circulation and parking, including bicycle and pedestrian accommodations where appropriate;

5.

Provides appropriate open space and landscaping, including the use of water efficient landscaping;

6.

Is consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit; and

7.

Complies with all applicable design standards in Chapter 106.31 (Design Standards), and/or other applicable City design guidelines and policies.

E.

Conditions of approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the findings required by Subsection D above.

F.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for Design Review.

(Ord. No. 2022-001, § 3(Exh. A), 3-10-2022)

A.

Purpose. A Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on site and surroundings cannot be determined before being proposed for a specific site.

B.

Applicability. A Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Use Permit or Minor Use Permit.

C.

Review authority. Use Permits shall be approved or disapproved by the Commission; Minor Use Permits shall be approved or disapproved by the Director, provided that the Director may choose to refer any Minor Use Permit application to the Commission for hearing and decision.

D.

Application filing and processing. An application for a Use Permit or Minor Use Permit shall be completed, filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F below.

E.

Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code.

1.

Use Permit. The Commission shall conduct a public hearing on an application for a Use Permit prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings).

2.

Minor Use Permit. Prior to a decision on a Minor Use Permit, the City shall provide notice in compliance with Chapter 106.76 (Public Hearings), and as follows:

a.

Public notice. The notice shall state that the Director will decide whether to approve or disapprove the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

b.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 106.76, and the Director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 106.76, or shall refer the matter to the Commission for hearing and decision.

F.

Findings and decision. The review authority may approve or disapprove an application for Use Permit or Minor Use Permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve the permit only after first finding all of the following:

1.

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

2.

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

3.

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

4.

The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

5.

Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

G.

Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, time limits, etc.), including conditions which establish standards for development that are more restrictive than the applicable requirements of this Zoning Code, to ensure that the approval will comply with the findings required by Subsection F above.

H.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for Use Permit or Minor Use Permit approval.

A.

Purpose. This Section allows Variances from the development standards of this Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B.

Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Code except to:

1.

Allow a land use not otherwise allowed in the zone;

2.

Increase the maximum allowed residential density;

3.

Waive a specific prohibition (for example, prohibited uses);

4.

Waive the requirement that not more than one lot per subdivision map have public street access; or

5.

Waive or modify a procedural requirement.

C.

Review authority. A Variance application shall be reviewed, and approved or disapproved by the Commission, except that the Director may grant a Minor Variance to reduce any of the following requirements of this Zoning Code up to the maximum amount specified. The Director may choose to refer any Minor Variance application to the Commission for hearing and decision.

D.

Application filing and processing. An application shall be filed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection F below.

E.

Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section, and all other applicable requirements of this Zoning Code.

1.

Variance. The Commission shall conduct a public hearing on an application for a Variance prior to a decision. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings).

2.

Minor Variance. Prior to a decision on a Minor Variance, the City shall provide notice of a public hearing in compliance with Chapter 106.76 (Public Hearings). The notice shall state that the Director will decide whether to approve or disapprove the Minor Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 106.76 (Public Hearings), and the Director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 106.76.

F.

Findings and decision. The review authority may approve a Variance or Minor Variance, with or without conditions, only after first making all of the following findings, as applicable.

1.

General findings.

a.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within the same zoning district;

b.

Granting the Variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

c.

The Variance is consistent with the General Plan, any applicable specific plan, or development agreement.

2.

Findings for off-street parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the review authority shall first make both of the following findings, as required by Government Code § 65906.5, instead of those required by Subsection F.1 above.

a.

The Variance will be an incentive to, and a benefit for, the nonresidential development; and

b.

The Variance will facilitate access to the nonresidential development by patrons of public transit facilities.

G.

Conditions of approval. In approving a Variance, the review authority:

1.

Shall impose conditions to ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

2.

May impose any reasonable conditions (e.g., the placement, height, nature and extent of the use; buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation etc.) to ensure that the approval complies with the findings required by Subsection F above.

H.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for a Variance or Minor Variance.

(Ord. No. 2012-001, § 1(Exh. A), 1-26-2012)

Editor's note— Ord. No. 2016-005, § 1, adopted August 11, 2016, repealed § 106.62.07, which pertained to itinerant vendor permit.

A.

Purpose. The review authority shall have the authority to grant an exception to the provisions of Chapter 106.38 pertaining to height, location, sign area, shape, projection, clearance of sign, sign type, and number of signs for non-residential projects.

The purpose is to create signage that is innovative, inspiring, creative, and appropriate for the unique design parameters of the impacted development. The exception to sign regulations is intended to create signage that promotes a sense of place within a development and the larger community. The exception to sign regulations is not intended to be an avenue to simply apply less restrictive sign regulations to conventionally designed and constructed signage.

B.

Applicability. A sign exception may be granted to waive or modify the requirement of this Zoning Code with regard to signs when the exception to the sign requirements will serve a special purpose that cannot be accomplished by the use of signs or standards allowed by the Zoning Code. Examples of such special purposes include prominent projects or unique proposals that create a sense of place within a project and within the community.

C.

Findings for approval. The review authority may approve an exception to sign regulations, with or without conditions, only after determining the proposed sign meets all of the following criteria:

1.

Master Sign Plan. The development shall be included as part of a Master Sign Plan approved by the review authority. The Master Sign Plan or modification of an existing Master Sign Plan shall be approved by the review authority concurrently with the exception to sign regulations.

2.

Design quality. The sign shall:

a.

Have a positive visual impact on the surrounding area.

b.

Be of unique design and exhibit a high degree of creativity and thoughtfulness.

c.

Provide strong graphic character through creative use of any of the following: color, graphics, proportion, quality materials, scale, and texture.

3.

Architectural criteria. The sign shall:

a.

Utilize or enhance the architectural elements of the related buildings.

b.

Be placed in a logical location in relation to the building's façade and not cover any key architectural features and details of the façade.

c.

Be constructed of superior quality materials.

4.

Impacts on surrounding uses. The sign shall be located and designed so as not to cause light and glare impacts on surrounding uses.

5.

Special purpose. The sign meets the intent of the purpose of this Chapter.

D.

Conditions of approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the criteria required by Subsection C above.

E.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for a Exception to Sign Regulations.

F.

Application filing and processing. An application shall be filed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings, as required in Subsection C above.

G.

Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section, and all other applicable requirements of this Zoning Code.

(Ord. No. 2012-001, § 1(Exh. A), 1-26-2012; Ord. No. 2015-006, § 3, 10-22-2015)

A.

Purpose. This Section provides the criteria for the subdivision of commercially zoned property. The intent of this Section is to ensure the subdivision of commercially zoned property does not hinder the future redevelopment of commercial centers.

B.

Application filing and processing.

1.

An application for a commercial subdivision shall be filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing).

2.

The application for the commercial subdivision creating a vacant parcel shall be accompanied by the information identified in the Department handout for subdivision applications, and shall also include a proposed plan of development which may be filed as an application for Use Permit, Design Review, or other appropriate approval.

C.

Findings for approval. The review authority may approve a subdivision of Commercially zoned land, with or without conditions, only after determining the proposed subdivision meets all of the following criteria:

1.

The proposed subdivision is consistent with the General Plan and the design or improvement of the proposed subdivision is consistent with the General Plan.

2.

The site is physically suited for the type and proposed density of development.

3.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage and the type of improvements are not likely to cause serious public health problems.

D.

Conditions of approval. The review authority may require any reasonable conditions of approval to ensure that the project will comply with the criteria required by Subsection C above.

E.

Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on an application for a subdivision of commercially zoned property.

(Ord. No. 2018-004, § 1(Exh. A), 10-11-2018)