Clovis City Zoning Code
Division 5
LAND USE/DEVELOPMENT REVIEW PROCEDURES
§ 9.50.010 Purpose of chapter.
The purpose of this chapter is to identify the procedures for the filing and processing of the different land use permit or approval applications contained within this division.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.020 Multiple permit applications.
A.
Concurrent filing. An applicant for a development project, which requires the filing of more than one application, may file all related applications concurrently and submit appropriate processing deposits/fees in compliance with Section 9.50.070 (Application fees).
B.
Concurrent processing. Permit processing and environmental/site plan review may be concurrent and the final decision on the project shall be made by the designated review authority, in compliance with Table 5-1 (Threshold of Review).
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.030 Preapplication conference.
A.
Preapplication conference strongly encouraged.
1.
A prospective applicant is strongly encouraged to request a preapplication conference with Department staff before submittal of land use permit or approval applications, including preliminary applications.
2.
The City’s Development Review Committee (DRC) is also available for preapplication conferences.
B.
Proper timing of conference.
1.
This conference should take place before any substantial investment (e.g., land acquisition, site plans, engineering plans and construction plans, etc.) in the preparation of the proposed development project application.
2.
During the conference, the Department representative(s) shall, to the best of their ability, inform the applicant of applicable General Plan and specific plan goals, policies, actions, and requirements as they apply to the proposed development project, review the appropriate procedures identified in this Development Code, and examine possible alternatives or modifications relating to the proposed project.
3.
Preliminary evaluation of environmental issues shall be addressed and potential technical studies relating to future environmental review should be identified.
C.
Conference not approved/disapproval. Neither preapplication review nor the provision of available information and/or pertinent policies shall be construed as a complete analysis of a land use proposal or as a recommendation for approval/disapproval by the Department representative(s) or the DRC.
D.
Senior Review Committee. Large or complex projects or projects raising substantial policy questions may require significant discussion between an applicant and City senior policy level staff. This category of projects typically requires multiple meetings with City staff and may require analysis or work by City staff or consultants to address issues prior to filing of a formal application with the City. Senior staff review is available as determined by the Director. The review fee/deposit shall be in compliance with Section 9.50.070 (Application fees).
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.040 Authority for land use and zoning decisions.
Table 5-1 (Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this Development Code.
TABLE 5-1 THRESHOLD OF REVIEW | ||||
|---|---|---|---|---|
Type of Application | See Chapter | Director Review (1) | Commission Review (2) | Council Review |
Administrative Use Permits | 9.62 | Final | Appeal | Appeal |
Amendments (General Plan, and Development Code/Zone Map) (3) | 9.86 | Review | Recommend | Final |
Conditional Use Permits (4) | 9.64 | Review | Final | Appeal |
Development Agreements (3) | 9.70 | Review | Recommend | Final |
Final Maps (Tract and Parcel) | 9.104 | Review | None | Final |
Home Occupation Permits | 9.58 | Final | Appeal | Appeal |
Lot Line Adjustments | 9.106 | Final | Appeal | Appeal |
Minor Deviations | 9.68 | Final | Appeal | Appeal |
Overheight Exceptions | 9.24 | Review | Final | Appeal |
Parcel Maps | 9.104 | Final | Appeal | Appeal |
Planned Development Permits (3) | 9.66 | Review | Recommend | Final |
Sign Review Permits | 9.34 | Final | Appeal | Appeal |
Sign Programs | 9.34 | Final | Appeal | Appeal |
Site Plan Review | 9.56 | Final | Appeal | Appeal |
Specific Plans/Amendments (3) | 9.72 | Review | Recommend | Final |
Temporary Use Permits | 9.60 | Final | Appeal | Appeal |
Tentative Tract Maps | 9.102 | Review | Final | Appeal |
Variances | 9.68 | Review | Final | Appeal |
Notes: | |
|---|---|
(1) | The Director may defer action and refer any permit or approval application to the Commission for final determination. |
(2) | The Commission may defer action and refer any permit or approval application to the Council for final determination. |
(3) | Commission recommends to Council for final determination. |
(4) | Specific conditionally permitted uses may be allowed subject to recommendation by the Commission and approval by the Council, in compliance with Section 9.64.020 (Applicability). |
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.050 Application filing.
A.
Filing with Department. Applications for amendments, permits, approvals, and other matters pertaining to this Development Code shall be filed with the Department in the following manner:
1.
The application shall be made on forms prescribed by the Department.
2.
All necessary fees and/or deposits shall be paid in compliance with the City’s fee schedule.
3.
The application shall be accompanied by the information identified in the Department handout for the particular application, and may include address labels, exhibits, maps, materials, plans, reports, and other information required by the Department, to describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.
4.
Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.
5.
Acceptance of the application does not constitute an indication of approval by the City.
B.
Eligible applicants.
1.
Applications may only be made by the owners or lessees of property, or their agents, with the expressed written consent of the owner; or
2.
Persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits and approvals in compliance with this Development Code, with the expressed written consent of the owner.
C.
Director’s determination. If the Director determines that established law (e.g., local, State, or Federal) does not allow the granting of the application (e.g., a request for a zone map amendment or tentative map that could not be granted in absence of a required General Plan amendment application, or a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the City shall not accept the application.
D.
Not within Director’s scope. In cases where the Director considers the information identified in the application not to be within the scope of the Director’s review and approval procedure, the applicant shall be so informed before filing, and if the application is filed, and the fees are accepted, the application shall be signed by the applicant acknowledging prior receipt of this information.
E.
Housing development projects. As used in this chapter and when otherwise required by applicable law, a “housing development project” means a development project consisting of any of the following: (1) residential units only, (2) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds (2/3) of the square foot-age designated for residential use, or (3) transitional housing or supportive housing, as specified in Government Code Section 65589.5(h)(2). When this chapter does not specify a “housing development project,” the requirements generally applicable to a development project that are not in conflict with the requirements particular to a housing development project shall apply to a housing development project.
1.
Preliminary application. A “preliminary application” is a specific type of application for a housing development project that includes all of the information about the proposed housing development project required by Government Code Section 65941.1 and by Section 9.50.060.
2.
Final application. A “final application” is a specific type of application for a housing development project that includes all of the information needed to evaluate the application pursuant to Government Code Section 65943 and Section 9.50.080.
F.
Filing date. The filing date of an application shall be the date on which the Department receives the last submittal, map, plan, or other material required as a part of a complete application, as required by subsection A of this section (Filing with Department), in compliance with Section 9.50.080 (Initial application review).
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.060 Preliminary application process for housing development projects.
A.
Preliminary application. An applicant for a housing development project may submit a preliminary application that includes all of the information about the proposed housing development project required by Government Code Section 65941.1(a) and by the City form(s) and checklist(s) developed pursuant to Section 65941.1.
B.
Filing date. The filing date of a preliminary application shall be the date on which the Department receives the last submittal required as a part of a complete preliminary application and a permit processing fee is paid. If a completed preliminary application is submitted according to this section, the housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect on the preliminary application filing date, except as follows:
1.
In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
2.
A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect on the filing date is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
3.
Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect on the filing date is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
4.
The housing development project has not commenced construction within two and one-half (2 1/2) years following the date that the project received final approval, as defined in Government Code Section 65589.5(o)(2)(D).
5.
The housing development project is revised following submittal of a preliminary application such that the number of residential units or square footage of construction, as defined by the California Building Standards Code, changes by twenty percent (20%) or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, in which case a new preliminary application may be submitted, and the entire project will be subject to ordinances, policies, and standards adopted and in effect when the new preliminary application is submitted. If a new preliminary application is not submitted, the previously submitted preliminary application will remain in effect until it is withdrawn, expires, or is superseded by a final application, but it will not be effective as to a housing development project that changes by twenty percent (20%) or more, as described in this part.
6.
Mitigation measures are required to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
7.
If the site or a portion of the site is listed as a tribal cultural resource on a national, State, tribal, or local historic register list.
C.
With respect to completed residential units for which the housing development project approval process is complete and a certificate of occupancy has been issued, nothing in this subsection shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business license and/or registration requirements for owners of rental housing.
D.
For purposes of this subsection, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of the City, as defined in Government Code Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
E.
Completeness of preliminary application. Sufficient information and supporting documentation shall be required for each item submitted as part of the preliminary application process. As used here, “sufficient information and supporting documentation” means the application contains detailed information adequate for the Director or appropriate official to make a determination on the merits as to the item for which the information is submitted.
F.
Relation to final application. A final application for a housing development project must be submitted within one hundred eighty (180) calendar days after submitting a complete preliminary application. If the Director determines that the final application for the housing development project is not complete pursuant to Section 9.50.080(A), the housing development proponent shall submit the specific information needed to complete the final application within ninety (90) days of receiving the Director’s written identification of the necessary information. If the housing development proponent does not submit this information within the ninety (90) day period, then the preliminary application shall expire and have no further force or effect.
(§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.070 Application fees.
A.
Filing fees required.
1.
The Council shall, by resolution, establish a schedule of fees for amendments, permits and approvals, and other matters pertaining to this Development Code, referred to in this Development Code as the City’s master administrative fee schedule, to cover the City’s costs for processing an application.
2.
The schedule of fees may be changed only by resolution of the Council.
3.
The City’s processing fees are cumulative. For example, if an application for a parcel map also requires a minor deviation, both fees shall be charged.
4.
Processing shall not commence on an application until all required fees/deposits have been paid.
5.
The application shall not be considered filed without the application fee.
6.
The City is not required to continue processing any application unless all fees are paid in full.
7.
The applicant shall be subject to any City policy regarding the payment of project processing costs.
B.
Refunds and withdrawals.
1.
Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds for disapproved projects are allowed.
2.
In the case of a withdrawal of an application before approval or disapproval, the applicant may submit a written request for a refund of any filing fees within thirty (30) days of the application withdrawal. Failure to submit a timely refund request shall be deemed a waiver and filing fees shall be deemed fully utilized for processing the application up to the time of withdrawal.
3.
If a refund request is timely submitted, the Director may authorize a complete or partial refund based upon the prorated costs to date and determination of the status of the application at the time of withdrawal. The City may charge an administrative fee equal to one hour of staff time to process any requested refund, which shall be deducted from the application fees paid before issuing any refund. Any refund request shall be processed, and any refund paid per application to applicant, within sixty (60) days of the applicant’s refund request.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023. Formerly 9.50.060)
§ 9.50.080 Initial application review.
All applications filed with the Department shall be initially processed as follows:
A.
Director’s review of completeness. The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.
1.
The applicant shall be informed in writing within thirty (30) days of submittal, 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.
2.
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 90 of this title (Appeals).
3.
Except as provided below, 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)(4) of this section.
a.
Preliminary applications. Where the Director has determined that a preliminary application is incomplete, the applicant may submit supplemental or additional information to complete the preliminary application. The Director shall determine in writing whether the preliminary application as supplemented or amended includes the information required to complete the preliminary application. This determination shall be made within thirty (30) calendar days.
b.
Final applications. If a final application is determined to be incomplete, the written determination shall specify those parts of the final application which are incomplete and shall indicate the manner in which they can be made complete, including an exhaustive list of items that were not complete and thorough description of the specific information needed to complete the final application. That list shall be limited to those items actually required on the Department’s submittal requirement checklist. In any subsequent review of the final application that was determined to be incomplete, the Director shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete.
c.
Supplemented final applications. If the applicant submits supplemental or additional materials to the Director in response to the written determination described in subsection (A)(3)(b) of this section, the Director shall determine in writing whether the final application as supplemented or amended includes the information required by the list needed to complete the final application, as required by subsection (A)(3)(b) in this section. This determination shall be made within thirty (30) calendar days.
4.
Expiration of applications.
a.
If a pending application, other than a preliminary application, is not able to be deemed complete within ninety (90) days after the first filing with the Department, the application shall expire and be deemed withdrawn. Preparation of additional material such as an EIR requiring time beyond ninety (90) days shall not negate a pending application.
b.
A new application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a project application on the same property, may then be filed in compliance with this Development Code.
c.
If a pending final application is not able to be deemed complete within ninety (90) calendar days after receiving notice from the Director that the final application is incomplete, the pending final application shall expire and be deemed withdrawn, and the preliminary application shall expire and have no further force or effect. Preparation of additional material such as an EIR requiring time beyond ninety (90) calendar days shall not negate a pending final application.
d.
A new final application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a development project application on the same property, may then be filed in compliance with this Development Code. The applicant may also submit a new preliminary application as provided in Section 9.50.060.
5.
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 9.50.100 (Environmental assessment).
6.
An application shall not be deemed complete, and/or shall not be processed or approved, in the event that a condition(s) exists on the subject property in violation of this Development Code or any permit or approval granted in compliance with this Development Code, other than an application for the permit or approval, if any, needed to correct the violation(s), unless approval of a housing development application without corrections is specifically required by State law.
B.
Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use activity. Such referral does not change the ministerial approval process when applicable.
C.
Limit on hearings for housing development projects. A proposed housing development project that complies with the applicable, objective general plan and zoning standards in effect at the time the final application is deemed complete, shall not require more than five (5) public hearings in connection with the approval of that housing development project.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.070)
§ 9.50.090 Determination for housing development projects.
A.
Timeline for approval. A housing development project shall be approved or disapproved within whichever of the following periods is applicable:
1.
One hundred eighty (180) days from the date of certification of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for the housing development project.
2.
Ninety (90) days from the date of certification of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for a housing development project that consists of (1) residential units only, (2) mixed-use residential and nonresidential uses with at least two-thirds (2/3) of the square footage designated for residential use, or (3) transitional housing or supportive housing.
3.
Sixty (60) days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Public Resources Code Section 21100 or 21151 for a housing development project that consists of (1) residential units only, (2) mixed-use residential and nonresidential uses with at least two-thirds (2/3) of the square footage designated for residential use, or (3) transitional housing or supportive housing, and all of the following conditions are met:
a.
At least forty-nine percent (49%) of the units in the housing development project are affordable to very low- or low-income households, as defined by Health and Safety Code Sections 50105 and 50079.5, respectively. Rents for the lower income units shall be set at an affordable rent, as that term is defined in Health and Safety Code Section 50053, for at least thirty (30) years. Owner-occupied units shall be available at an affordable housing cost, as that term is defined in Health and Safety Code Section 50052.5.
b.
Prior to the final application being deemed complete for the housing development project, written notice was provided by the project applicant that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and the notice specifies the financial assistance that has been applied for or will be applied for and the deadline for application for that assistance, the requirement that one of the approvals of the housing development project by the City is a prerequisite to the application for or approval of the application for financial assistance, and that the financial assistance is necessary for the project to be affordable.
c.
There is confirmation that a financial assistance application has been made to the public agency or federal agency prior to certification of the environmental impact report.
4.
Sixty (60) days from the date of adoption of the negative declaration, if a negative declaration is completed and adopted for the housing development project.
5.
Sixty (60) days from the determination that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if the project is exempt from that act.
B.
Historic site determination. The City will determine whether the site of a proposed housing development project is a historic site at the time the final application for the housing development project is deemed complete. A determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.
C.
Urbanized area designation. If the City is determined to be an urbanized area or urban cluster pursuant to Government Code Section 66300(e), the City will not:
1.
Impose or enforce design standards established on or after January 1, 2020, that are not objective design standards.
2.
Approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
3.
Approve a housing development project that will require the demolition of occupied or vacant protected units, unless the conditions required by Government Code Section 66300(d)(2) are satisfied.
(§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.50.100 Environmental assessment.
A.
CEQA review. Unless specifically exempted by State law, after acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA).
B.
Compliance with CEQA. These determinations and, where required, the preparation of EIRs, shall be in compliance with CEQA.
C.
Special studies required. A special study may be required to supplement the City’s CEQA compliance review.
D.
Traffic study. All projects shall be subject to the City traffic impact study guidelines.
E.
Submittal of additional information. Accepting an application as complete shall not limit the authority of the City to require the submittal of additional information needed for environmental evaluation of the project and the additional information shall not affect the status of the application.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.080)
§ 9.50.110 Staff report, findings, and recommendations.
A.
When an application requires a public hearing by either the Commission or Council, a written staff report shall be prepared, which shall include detailed recommendations for changes to the text and/or diagrams of an application, as necessary to make it acceptable for adoption. Otherwise, an approval or denial letter prepared by the Director, with or without conditions, if applicable, shall be prepared and transmitted to the applicant.
B.
In the case of an application for a housing development project identified in Government Code Section 65589.5(d) and (j)(1), if the disapproval of a housing development project or conditional approval would render the housing development project infeasible, or require development at a lower density, the Director, Commission, or Council must make written findings based on sufficient facts necessary to satisfy Government Code Section 65589.5(d)(1), (2), (3), (4), or (5), or (j)(1)(A) and (B), as the case may be. The staff report(s) and/or letter(s) described in subsection A of this section shall detail the written findings required by Government Code Section 65589.5(d) and (j) and facts to support the determination. The definitions of Government Code Section 65589.5(h) shall apply to this section.
C.
In the case of an application for a housing development project identified in Government Code Section 65589.5(j)(2) found to be inconsistent, not in compliance, or not in conformity with the Development Code, the Director shall provide the applicant written documentation identifying the provision(s) with which the housing development project does not comply, and an explanation of the reason(s) the housing development project does not comply or conform with such standards. The staff report(s) and/or letter(s) described in subsection A of this section shall detail the provision(s) and reason(s) required by this subsection, to the extent possible. The Director, Commission, or Council may make other or additional findings as required by this section. Such findings and decisions shall be made within thirty (30) days if the housing development contains one hundred fifty (150) or fewer units, or within sixty (60) days if the housing development contains more than one hundred fifty (150) units.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.090)
§ 9.50.120 Streamlined ministerial review.
Housing development projects and similar projects expressly authorized by State law to be eligible for streamlined ministerial approval and for which the City is required to approve or deny through a streamlined ministerial approval process shall follow the procedures set forth in this section, and consistent with Government Code Section 65913.4 and applicable Department of Housing and Community Development (“HCD”) Guidelines. The developer must provide notice of intent to apply for streamlined ministerial approval by submitting a preliminary application for the development in accordance with Section 9.50.060.
A.
Eligible multifamily housing development projects. In order to be eligible for a streamlined ministerial approval provided by this section and pursuant to Government Code Section 65913.4, a proposed multifamily housing development shall satisfy all of the following planning standards:
1.
The development is a multifamily housing development that contains two (2) or more residential units.
2.
The development is located on a legal parcel or parcels within the City where at least seventy-five percent (75%) of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. The site must be zoned for residential use or residential mixed-use development, or have a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds (2/3) of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the density bonus law in Government Code Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
3.
An applicant must commit to record a land use restriction providing that lower or moderate income units shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for a period not less than forty-five (45) years for owned units and not less than fifty-five (55) years for rental units.
4.
The development is subject to mandating a minimum percentage of below market rate housing, as required by Government Code Section 65913.4(a):
a.
When the City’s most recent annual progress report (“APR”) submitted to HCD shows that fewer than the number of required above moderate-income housing permits have been issued, the project must dedicate at least ten percent (10%) of its housing units to be affordable to households making at or below eighty percent (80%) of the area median income for projects of more than ten (10) units; or
b.
When the City’s APR shows that fewer than the number of required very low- or low-income housing permits have been issued, the project must dedicate fifty percent (50%) of its total number of units to housing affordable to households making at or below eighty percent (80%) of the area median income.
5.
The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, must be consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that a preliminary application for the housing development project is submitted pursuant to Section 9.50.060.
6.
The development cannot be located on property within any of the following areas, as more fully described in Government Code Section 65913.4(a)(6): a coastal zone, prime farmland or farmland of statewide importance, wetlands, very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, floodplain, flood-way, community conservation plan area, habitat for protected species, land under a conservation easement, or located on a qualifying mobile home site.
7.
The development cannot be located: (a) on land that requires the demolition of affordable housing or has been occupied by residential tenants within the past ten (10) years, (b) a site that was previously used for housing that was occupied by residential tenants that was demolished within ten (10) years, (c) a site that would require the demolition of a historic structure, or (d) the property contains housing units that are occupied by residential tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
8.
The developer must, in accordance with Government Code Section 65913.4(a)(9): (a) certify that the development is either a public work, or if not entirely a public work, that prevailing wages are paid to construction workers employed; or (b) for developments meeting specific numbers of units for applications approved of within certain time periods, a certified skilled and trained workforce shall be used to complete the development.
9.
The development does not involve a parcel that is subject to the California Subdivision Map Act, unless: (a) the development has or will receive financing or funding by means of a low-income housing tax credit and subject to prevailing wage requirements, or (b) the development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used.
10.
The development is not upon an existing parcel of land that is governed under the Mobile Home Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.
B.
Native American tribe scoping consultation.
1.
The City will engage in a scoping consultation regarding the proposed development with any applicable California Native American tribe, as required by Government Code Section 65913.4(b). A development shall not be eligible for the streamlined, ministerial process if any of the following apply:
a.
There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
b.
There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in Government Code Section 65913.4(b).
c.
The parties to a scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
2.
If, after a scoping consultation, a project is not eligible for the streamlined, ministerial process for any or all of the reasons described in Government Code Section 65913.4(b)(5), the City will provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the developer and to any California Native American tribe that is a party to that scoping consultation.
3.
If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, or an enforceable agreement is documented between the California Native American tribe and the City on methods, measures, and conditions for tribal cultural resource treatment, the developer may submit a final application for the proposed development that is subject to the streamlined, ministerial approval process. The final application shall be processed in accordance with Section 9.50.080, unless otherwise provided in this section.
C.
Notice of noncompliance. If a housing development project subject to this section is in conflict with any of the objective planning standards specified in subsection A of this section, written documentation of which standard or standards the housing development project conflicts with, and an explanation for the reason or reasons the housing development project conflicts with that standard or standards, shall be provided to the applicant, as follows:
1.
Within sixty (60) days of submittal of the final application if the housing development project contains one hundred fifty (150) or fewer housing units.
2.
Within ninety (90) days of submittal of the final application if the housing development project contains more than one hundred fifty (150) housing units.
D.
Design review. The Director shall conduct design review or public oversight of the development project. Design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by the City before submission of a housing development project application. Design review or public oversight shall be completed as follows:
1.
Within ninety (90) days of submittal of the final application if the housing development project contains one hundred fifty (150) or fewer housing units.
2.
Within one hundred eighty (180) days of submittal of the final application if the housing development project contains more than one hundred fifty (150) housing units.
E.
CEQA exemption. If the housing development project either (a) has or will receive financing or funding by means of a low-income housing tax credit and subject to prevailing wage requirements, or (b) is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce is used, and the housing development project is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in subsection C of this section.
F.
Parking. Developments approved pursuant to this section shall have not less than one parking space per unit, or as otherwise allowed in Government Code Section 65913.4(d).
G.
Modifications. Modifications to a development approved pursuant to this section shall be evaluated pursuant to Government Code Section 65913.4(g). The City may apply objective planning standards adopted after the preliminary application was first submitted to the requested modification(s) when:
1.
The development is revised such that the total number of residential units or total square foot-age of construction changes by fifteen percent (15%) or more.
2.
The development is revised such that the total number of residential units or total square foot-age of construction changes by five percent (5%) or more and it is necessary to subject the development to an objective standard beyond those in effect when the preliminary application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
3.
Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building, plumbing, electrical, fire, and grading codes, may be applied to all modifications.
(§ 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 3 (Att. C), Ord. 21-06, eff. December 1, 2021. Formerly 9.50.100)
§ 9.50.130 Time extensions.
The City and the housing development applicant may mutually agree to an extension of any of the time limits applicable to housing development project applications.
(§ 3 (Att. C), Ord. 21-06, eff. December 1, 2021)
§ 9.52.010 Purpose of chapter.
The purpose of this chapter is to ensure that before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to any structure, a building permit shall be secured from the Building Inspection Division and a zoning clearance from the Department by an owner or agent. It shall be unlawful to commence any work until all required permits have been obtained.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.52.020 Applicability.
A.
Building permit required.
1.
Before initiating any work dealing with the alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to any structure, a building permit shall be secured from the Building Inspection Division by any owner, or authorized agent of the owner, for the work, and it shall be unlawful to commence any work until and unless the building permit has been obtained.
2.
No structure shall be occupied or used unless a certificate of occupancy for the use, where required, is first obtained from the Department.
B.
Procedures.
1.
Each application for a building permit shall be made on a printed form to be obtained at the Building Inspection Division and shall be accompanied by accurate information and dimensions as to the:
a.
Size and location of the:
(1)
Subject parcel;
(2)
Structures on the subject parcel;
b.
Dimensions of all yards and open spaces;
c.
Plans and specifications;
d.
Distance of all existing and proposed structures in relation to property lines; and
e.
Other information determined to be necessary for the enforcement of these regulations.
2.
Where complete and accurate information is not readily available from existing records, the Building Inspection Division may require the applicant to furnish a survey of the parcel prepared by a licensed surveyor, if the parcel survey is requested by the Department.
3.
A copy of the original application shall be kept in the office of the Building Inspection Division.
4.
Each application shall be reviewed for compliance with the requirements of this chapter and the State building codes (e.g., State Building Standards Code Title 24 and the California Building Code). No building permit shall be issued unless the application is found to meet all of the applicable requirements of this chapter, and the application is validated by the Department.
5.
Before an occupancy permit may be issued, all required on-site (outside the City’s right-of-way) and off-site (within the City’s right-of-way) improvements shall have been completed or the permittee shall have entered into an agreement with the City to complete the work within one hundred eighty (180) days from the date of the issuance of the building permit.
a.
The City Engineer may extend the completion date for the off-site improvements by one additional one hundred eighty (180) day period upon the written request of the permittee and upon a showing of good cause thereof.
b.
The agreement shall be secured either by cash deposited with the City, a cash deposit in an irrevocable escrow account approved by the City Engineer, or other financial security approved by the City Engineer as to the equivalent thereof.
c.
The security shall be in the amount of one hundred fifty percent (150%) of the estimated costs of completion of the improvements as determined by the City Engineer.
d.
In the event the work is not completed to the satisfaction of the City Engineer within the period provided, or any approved extension, the City shall be authorized to take all necessary action to enforce the agreement, including the use of the security, to cause the completion of all required improvements.
e.
Moneys deposited with the City or in an escrow account may be partially released to the depositor by the City Engineer during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work.
6.
During a period of ninety (90) days from the initiation of a Development Code amendment (e.g., change of zoning regulations) or a Zone Map amendment (e.g., change of zoning district) by either the Commission or the Council, the Director shall not accept an application for a building permit within any area involved in or affected by the proposed amendment for any use or structure which would be prohibited by virtue of the proposed amendment.
C.
General conditions.
1.
No building permit shall be validated by the Department for any use or structure which would be prohibited by a proposed amendment identified in subsection (B)(6) of this section affecting the subject property; provided, the change was initiated before the filing of the application for the building permit. An amendment shall be construed as initiated by the filing of an application for an amendment or by the adoption of a resolution of intention by the Commission or the Council.
2.
The City may require a written agreement to secure compliance with provisions of this Code. The agreement may include provisions dealing with a bond, cash deposit, covenants running with the land, entry permission, hold harmless clause, lien clause, and similar provisions to ensure that if the permittee or owner fails to remove the improvements or construction, the City could accomplish the removal without any cost to the City.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.52.030 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a building permit.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.54.010 Purpose of chapter.
The purpose of this chapter is to ensure that occupancy or inauguration of any land use shall not occur, unless and until a certificate of occupancy is first obtained from the Building Inspection Division.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.54.020 Applicability.
A.
Certificate of occupancy required. No structure hereafter altered, enlarged, erected, or moved shall be occupied, used, or changed in use until after a certificate of occupancy has been first issued by the Building Inspection Division.
B.
Issuance of the certificate of occupancy. The certificate of occupancy shall be applied for concurrently with the application for a building permit and shall be issued only after the alteration, construction, or enlargement has been completed in full compliance with the subject building permit, the approved site plan and applicable conditions, and the provisions of this Development Code.
C.
Certificate of occupancy for use of land. A certificate of occupancy shall be issued before the use of a vacant parcel, or before a change to an existing use of land; provided, the use is in compliance with the provisions of this Development Code.
D.
Land used for farm products. No certificate of occupancy shall be required where the land is to be used for the cultivation of farm, garden, or orchard products.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.54.030 Action by the Building Inspection Division.
A.
Development Code compliance required. The certificate of occupancy shall state that the structure or proposed use of a structure or land is in compliance with this Development Code and all applicable laws and ordinances, including the approved site plan and any condition(s) required by the Commission or Council relative to the proposed use or structure.
B.
Record of certificates of occupancy.
1.
The Building Inspection Division shall, within five (5) days from the issuance of the certificate, file a record of the certificate of occupancy with the Department.
2.
A record of all certificates of occupancy shall be kept on file with the Department, and copies shall be provided on request to any person having a proprietary or tenancy interest in the subject use, structure, or parcel.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.54.040 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a certificate of occupancy.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.010 Purpose of chapter.
The purpose of this chapter is to enable the Director to make a finding that the proposed development is in compliance with the intent and purpose of this chapter and to guide the Building Inspection Division of the Department in the issuance of permits.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.020 Applicability.
The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of a site plan review granted in compliance with this chapter, as well as compliance with Section 9.04.020 (Requirements for development and new land uses). Approval of a single-family residential unit on a lot shall not require site plan review unless specifically required by a specific plan, zoning or a conditional use permit for the property.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.030 Application filing, processing, and review.
A.
Application filing.
1.
Filing. An application for a site plan review, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
2.
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for site plan review applications.
B.
Application review. Each application for a site plan review shall be reviewed to ensure that the application is consistent with: the purpose of this chapter; all applicable development standards and regulations of this Development Code; and any adopted design guidelines and policies that may apply, whenever any physical alteration or construction is proposed.
1.
A site plan review is initiated when the Department receives a complete application package including all required materials specified in the Department handout and any additional information required by the Director in order to conduct a thorough review of the proposed project.
2.
Upon receipt of a complete application 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, regulations, and any applicable design guidelines/policies.
3.
During the course of the review process, the Director may require the submittal of additional information or revised plans. The applicant shall be notified in writing of any revisions or additional information required and shall submit the requested information to the Department within ten (10) days after the date of the notice or within the period of time designated by the Director. Failure to submit the required information within the ten (10) day period may be cause for disapproval.
4.
In general, the following criteria shall be considered during the review of a site plan review application:
a.
Compliance with this chapter and all other applicable City ordinances;
b.
Desirable site layout and design;
c.
Compatibility with neighboring properties and developments;
d.
Efficiency and safety of public access and parking;
e.
Appropriate open space and use of water efficient landscaping;
f.
Consistency with the General Plan and any applicable specific plan; and
g.
Consistency with any adopted design guidelines and site plan review policies.
C.
No public hearing required. A public hearing shall not be required for the Director’s decision on a site plan review application.
D.
Appeals. The Director’s decision may be appealed, in compliance with Chapter 90 of this title (Appeals).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.040 Findings and decision.
A.
Meets requirements of this chapter. Upon the receipt of the completed application, the Director shall determine whether or not the application meets the requirements of this chapter.
B.
Director’s action within thirty (30) days. Within thirty (30) working days after the filing of the completed application, the Director shall approve, approve with conditions, or disapprove the site plan.
C.
Referral to the Commission. When, in the opinion of the Director, the site plan submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the site plan to the Commission for review and decision.
D.
Next Commission agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the Director’s referral.
E.
Required findings. The Director (or the Commission on a referral) may approve a site plan review application, only if all of the following findings are made. The proposed development would:
1.
Be allowed within the subject zoning district;
2.
Be in compliance with all of the applicable provisions of this Development Code that are necessary to carry out the purpose and requirements of the subject zoning district, including prescribed development standards and applicable design standards, policies and guidelines established by resolution of the Council;
3.
Be in compliance with all other applicable provisions of the Clovis Municipal Code;
4.
Be consistent with the General Plan and any applicable specific plan.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.050 Conditions of approval.
In approving a site plan review application, the Director (or the Commission on a referral) may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.56.040 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.060 Environmental review.
This chapter is not intended to subject routine site plan review applications to environmental review under the California Environmental Quality Act (CEQA). The following criteria shall apply when reviewing completed site plan review applications:
A.
Prior environmental review. Site plan review applications for projects that fall within the parameters of a prior environmental review shall not require additional review.
B.
Exempt projects. Site plan review applications for projects that are exempt from review under CEQA shall not require environmental review.
C.
Ministerial application. Site plan review applications applied in a ministerial manner shall not require environmental review. Conditions of approval required by City codes, standards and design guidelines in effect at the time of submission of the application shall be considered ministerial. Conditions of approval that impose new substantive obligations on the developer shall be considered discretionary.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.070 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a site plan review.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.56.080 Residential subdivision site plan review process.
Residential site plan review (RSPR) shall be required as a condition of a subdivision map implementing provisions of a specific plan or zoning. The RSPR may be approved in two (2) segments. Segment 1 of the RSPR would be those items needed to complete processing the improvement plans and Segment 2 of the RSPR would be the model floor plans, elevations, colors and materials and lot coverage bonus proposals and justification, etc. Segment 1 of the RSPR should be submitted with the first submittal of the improvement plans and completed prior to the second submittal of the improvement plans, allowing for any comments reflected in the RSPR to be incorporated. Segment 1 of the RPSR would be conditioned to require the submittal and approval of the models (Segment 2) prior to issuance of building permits. An addendum to the conditions of approval of Segment 1 would be generated to address Segment 2 for the model homes. The Director may grant extensions to the RSPR for up to five (5) years to allow for development of a subdivision.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.010 Purpose of chapter.
The purpose of this chapter is to allow for the conduct of home occupations which are deemed subordinate to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant(s) of the dwelling.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.020 Applicability.
The home occupation permit is intended to allow for enterprises that are conducted within a dwelling located in a residential zoning district, and are clearly subordinate and secondary to the use of the dwelling and compatible with surrounding residential uses. Home occupation permits shall be consistent with the standards in Section 9.58.060 (Home occupation operating standards).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.030 Application filing, processing, and review.
A.
Filing. An application for a home occupation permit shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees) except for the following exempt home occupations which shall be permitted by right in residential zone districts with the issuance of a valid Clovis business license:
1.
Exempt home occupations. Business involving the use of phone, computer, printer copier, fax, and/or internet where no persons come to the site, where there is no manufacturing, storage, or shipping other than letters and where there is no on-site signage. These uses are for all practical purposes invisible to the adjacent properties.
B.
Contents. The application shall be accompanied by detailed and fully dimensioned floor plans and/or any other data/materials identified in the Department handout for home occupation permit applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Public notice not required. A public notice shall not be required for the Director’s decision on a home occupation permit.
E.
Director’s decision. The Director shall, within ten (10) days, make a determination to approve or deny a home occupation permit that would be operated in compliance with Section 9.58.060 (Operating standards).
F.
Appeals.
1.
Upon denial by the Director, any appeal to the Commission to grant the home occupation permit must be submitted by the applicant within fifteen (15) days of the Director’s decision.
2.
The appeal shall be in writing setting forth reasons for the appeal and shall be filed with the Planning Division, subject to a fee in compliance with the City’s Fee Schedule.
3.
The decision on the appeal by the Commission shall be final with no further appeals.
4.
The home occupation permit shall become effective after the Director has signed the permit, or in cases involving review by the Commission, once the Commission has rendered a final decision.
G.
Fees. A home occupation permit fee, in compliance with the City’s Fee Schedule, shall be collected when the application for a home occupation permit is submitted to the Department.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.58.040 Allowed home occupations.
A.
Where allowed. Home occupations are allowed in all residential zoning districts.
B.
Allowed home occupations. Certain business activities are deemed appropriate when conducted by the resident(s) of a dwelling in a manner subordinate to and compatible with the residential characteristics of the surrounding neighborhood. The following list presents examples of commercial uses that are generally considered to be subordinate to and compatible with residential activities:
1.
Barber and beauty services. A barber or beauty operator as sole proprietor;
2.
Computer repair and service. On-site repair and service;
3.
Consulting services. Consulting services whose function is one of rendering a service and does not involve the dispensation of goods or products;
4.
Cottage food operations authorized under State law;
5.
Drafting and architectural services. Drafting, designing, architectural, and similar services, using only normal drafting and graphic equipment;
6.
Internet business. Internet-based sales and services conducting all functions via the Internet;
7.
Instructional lessons. The giving of health and fitness, music, self-defense, swimming, and similar lessons, on an individual (i.e., one-on-one) person basis;
8.
Salespersons. The home office of a salesperson when all sales are made by written order with no commodities or displays on the premises;
9.
Secondary business offices. Secondary business offices where the business has its principal office, staff, and equipment located elsewhere;
10.
Television, radio, and appliance repair. Off-site repair and service with parts available off site; and
11.
Short-term rentals.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1, Ord. 17-30, eff. February 7, 2018; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.58.050 Prohibited home occupations.
The following list presents example commercial uses that are not subordinate to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations:
A.
Adult business;
B.
Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises, to include kennels and boarding used for these animals;
C.
Carpentry and cabinetmaking (does not prohibit a normal woodworking hobby operation);
D.
Construction business (does not include secondary business offices where the business has its principal office, staff, and equipment located elsewhere);
E.
Dance club/nightclub;
F.
Food preparation other than cottage food operations authorized under State law;
G.
Fortune-telling (psychic);
H.
Landscaping business (does not include secondary business offices where the business has its principal office, staff, and equipment located elsewhere);
I.
Lawn mower and small engine repair;
J.
Home occupations that become detrimental to the public health, safety and welfare, or constitute a nuisance; or if the use is found to be in violation of any law, ordinance, regulation, or statute;
K.
Massage parlors;
L.
Medical and dental offices, clinics, and laboratories;
M.
Mini-storage;
N.
Plant nursery (excepting agriculturally zoned properties in the A, R-R or R-A District);
O.
Retail sales of merchandise stored and/or displayed within the property;
P.
Storage of equipment, materials, and other accessories to the construction and service trades;
Q.
Tattoo parlors, to include body piercing and permanent makeup;
R.
Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting (this does not prohibit mobile minor repair or detailing at the customer’s location utilizing a personal, noncommercial vehicle);
S.
Vehicle sales;
T.
Welding and machining;
U.
Yard sales (as a commercial business); and
V.
Other similar uses determined by the Director not to be subordinate to or compatible with residential activities.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.060 Home occupation operating standards.
A.
Locational and operational standards.
1.
This section provides locational, developmental, and operational standards for the conduct of home enterprises which are subordinate to and compatible with surrounding residential activities.
2.
A home occupation permit shall be applied for and granted in compliance with Chapter 58 of this title before the initiation and operation of a home enterprise.
B.
Operating standards for all home occupations. Home occupations shall comply with all of the following locational, developmental, and operational standards:
1.
Incidental and subordinate uses. The home occupation shall be subordinate to and compatible with surrounding residential uses;
2.
No outside employees. Only the occupant(s) of the dwelling may be engaged in the home occupation, except for permissible group housing and/or cottage food industry consistent with State law;
3.
Not alter appearance of dwelling. The home occupation shall not alter the appearance of the dwelling, nor shall the conduct of the home occupation be recognized as serving a nonresidential use (either by color, construction, lighting, materials, signs, sounds or noises, vibrations, etc.), excepting one wall-mounted sign referenced within this subsection;
4.
Business tax certificate required.
a.
A home occupation shall not be initiated until a current business tax certificate is obtained in compliance with Section 3.1.101 (Business registration and tax certificate).
b.
Immediately following the effective date of an approved home occupation permit, the applicant shall obtain a business tax certificate;
5.
No display or storage. Except as allowed by these standards there shall be no display, distribution, or storage of merchandise, materials, or supplies on the premises;
6.
No sale of products.
a.
There shall be no sales of products or services from the site which are not produced on the premises (other than ancillary products needed for on-site service and repair).
b.
Sales or service involving the Internet is allowed when all of the business functions are conducted via the Internet;
7.
Only one sign allowed. Only one wall-mounted sign, not exceeding two (2) square feet in area, and only indicating the contact information and name of the home occupation shall be allowed;
8.
No advertising. There shall be no commercial advertising which identifies the home occupation by street address except for “Large Home Occupation – Group Homes,” consistent with State law;
9.
Location of home occupation.
a.
The home occupation shall be confined completely to one room located within the main dwelling, except permissible group housing and/or cottage food industry consistent with State law;
b.
Shall not occupy more than the equivalent of twenty-five percent (25%) of the gross area of the ground level floor, except for permissible group housing and/or cottage food industry consistent with State law;
c.
Garages or other enclosed accessory structures shall not be used for home occupation purposes other than parking, except for the storage of incidental office supplies or products produced on the premises, where two (2) parking spaces are maintained;
d.
Horticulture or other agricultural activities may be conducted outdoors, but only within the rear one-third (1/3) of the subject parcel;
10.
Patron limit.
a.
The transaction of business at the dwelling shall be limited to eight (8) patrons or customers for any calendar day.
b.
This provision shall not be construed to limit the business transacted by the operator of the home occupation solely by means of telephone or mail, or similar means of communications, or while away from the site of the home occupation;
11.
One-ton truck.
a.
Only one vehicle, owned by the operator of the home occupation, which is no larger than a one-ton truck may be used by the occupant(s) directly or indirectly in connection with a home occupation.
b.
The vehicle shall be stored within an entirely enclosed garage or in the side or rear yard, behind a five-foot (5') to six-foot (6') high solid fence or wall;
12.
Use of commercial vehicles. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pickups;
13.
Use of commercial/residential trailers. Trailers used in conjunction with the home occupation shall be stored within an entirely enclosed garage or in the side or rear yard, behind a five-foot (5') to six-foot (6') high solid fence or wall;
14.
No encroachment. The home occupation shall not encroach into any required parking, setback, or open space areas;
15.
No mechanical equipment. There shall be no use or storage of material or mechanical equipment not recognized as being part of a normal household or hobby use;
16.
No utilities or community facilities. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes;
17.
No hazards or nuisances. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance;
18.
No negative impacts. Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed;
19.
Fire safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises;
20.
Pedestrian or vehicular traffic. Generation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is located shall not be allowed;
21.
Permit nontransferable. A home occupation permit shall not be transferable;
22.
Only one home occupation. Only one home occupation may be allowed in any dwelling;
23.
Property owner’s authorization required. For rental property, the property owner or property management’s written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit;
24.
Preexisting home occupations. All preexisting home occupations shall conform with all applicable Development Code requirements before or upon renewal of the annual business tax certificate; and
25.
Visitation. Visitation and deliveries incidental to the home occupation shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturdays, and there shall be no business activity allowed on Sundays, except for permissible group homes which are consistent with State law.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023. Formerly 9.40.110)
§ 9.58.065 Operating standards for short-term rentals. [1]
In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards:
A.
Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this chapter:
1.
“Local contact person”
shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling, and take remedial action necessary, as required under subsection D of this section. A local contact person may be the owner or the owner’s agent.
2.
“Occupant”
shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.
3.
“Operator”
shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
4.
“Owner”
shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling. “Owner” includes a lessee.
5.
“Short-term rental”
shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.
6.
“Short-term rental unit”
shall mean the habitable interior space of a dwelling, or any portion thereof, that is being rented, or is intended to be rented, as a short-term rental to a person or group of persons.
B.
The owner of a short-term rental unit shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental unit, regardless of whether such noncompliance was committed by the owner’s agent, a local contact person or the occupants of the owner’s short-term rental unit.
C.
The owner shall ensure that the short-term rental property and short-term rental unit(s) comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees.
D.
While a short-term rental unit is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental unit. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer or the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 7 of Title 1.
E.
Within ten (10) calendar days following the issuance of a home occupation permit for a short-term rental, the owner shall mail or personally deliver in writing the following information to the owners and occupants of properties contiguous to and directly across the street (or alley or other right-of-way) from the short-term rental property: the name and telephone number of the person, whether the owner or the local contact person, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental unit. Thereafter, within thirty (30) days of the issuance of the permit, the owner shall sign under penalty of perjury, and submit to the Director, a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a home occupation permit for a short-term rental such information changes, the owner shall promptly mail or personally deliver in writing the updated information to maintain accuracy and shall also promptly submit to the Director a signed (under penalty of perjury) and dated written certification that the required mailing or delivery of the updated information was completed.
F.
Short-term rental property(ies) and short-term rental unit(s) shall be used only for overnight lodging accommodations. At no time shall a short-term rental unit or short-term rental property be used for activities in excess of the occupancy limits established in subsection H of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.
G.
All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a short-term rental unless the City has approved a home occupation permit for short-term rental pursuant to this chapter.
H.
The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants:
Number of Bedrooms | Total Occupants |
|---|---|
0-Studio | 2 |
1 | 4 |
2 | 7 |
3 | 9 |
4 | 11 |
5 | 13 |
6 | 15 |
7 | 17 |
8 | 19 |
For any dwelling having more than eight (8) bedrooms, the maximum number of occupants shall not exceed nineteen (19) persons. If the home occupation permit for short-term rental limits occupancy to a number less than that shown on the table, the limit in the permit shall govern.
I.
Only the habitable interior portions of a dwelling shall be utilized as a short-term rental. No garages, tents, camper trailers, recreational vehicles, or other exterior structures or spaces are permissible as short-term rentals.
J.
In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.
K.
All vehicles of occupants of a short-term rental unit shall be parked only in an approved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.
L.
No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.
M.
If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or the local contact person to affirmatively respond to the officer’s request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.
N.
No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 10:00 p.m. and 9:00 a.m.
O.
Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 9:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
P.
Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Section 6.3.06, which provides for containers to be placed at the curb on the day of pickup and removed by noon the following day. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.
Q.
It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Chapter 5.27, Article 6.
R.
The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.
S.
The owner shall post a sign at a conspicuous location within the short-term rental unit advising occupants of all rules and operational standards imposed upon occupants under this section.
T.
All short-term rentals shall be subject to the City’s transient occupancy tax, as required by Chapter 3.3, Article 4. The owner shall also maintain at all times a valid Clovis business registration.
U.
Short-term rentals shall not exceed one unit per address in any multiple-family complex comprised of two (2) or more residential units.
(§ 2, Ord. 17-30, eff. February 7, 2018)
[1]
Code reviser’s note: Ord. 17-30 adds this section as 9.58.070. It has been editorially renumbered to prevent duplication of numbering.
§ 9.58.070 Findings and decision.
A.
Application review. The Director or designated member of staff shall review all applications and shall record the decision in writing with the findings on which the decision is based.
B.
Findings. The Director or the Commission after an appeal shall approve a home occupation if the Director or Commission find that the proposed home occupation would:
1.
Be consistent with the General Plan, any applicable specific plan, and the development and design standards of the subject residential zoning district;
2.
Be consistent with the home occupation criteria, guidelines, and standards of this chapter;
3.
Be consistent with all other municipal codes and applicable laws.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.080 Conditions of approval.
In approving a home occupation permit application, the Director (or the Commission on an appeal) may impose additional conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the provision of this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.090 Permit expiration and revocation.
A.
Discontinuance or cessation. Home occupation permits shall immediately expire upon discontinuance or cessation of use for a period of thirty (30) days of the home occupation.
B.
Revocation of permit.
1.
The Director may revoke a home occupation permit for noncompliance with the provisions of this chapter or the conditions set forth in granting the permit.
2.
The revocation shall be effective upon delivery of written notice to the permittee.
3.
The permittee may appeal to the Commission the revocation within fifteen (15) days of the Director’s decision.
4.
The Commission’s decision may be appealed to the City Council within fifteen (15) days of the Commission’s decision.
5.
The appeal shall be in writing setting forth the reasons for the appeal and be filed, along with associated fees, with the Planning Division.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.100 Inspections.
The Director shall have the right to inspect the premises subject to a home occupation permit to verify compliance with this chapter and the conditions set forth in granting the permit. The term “Director,” as defined in Division 8 of this title (Definitions), also includes a designee of the Director.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.58.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, and performance guarantees that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a home occupation permit.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.010 Purpose of chapter.
The purpose of this chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.020 Definition.
A temporary (short-term) land use activity is a land use that is interim, nonpermanent, and/or seasonal in nature, not conducted for more than thirty (30) consecutive days in duration, unless otherwise specified in this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.030 Applicability.
A.
Minor short-term activities. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
B.
Temporary use permit required. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit.
C.
Categories of land uses. The following two (2) categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
1.
Exempt temporary uses are identified in Section 9.60.040 (Exempt temporary uses); and
2.
Temporary use permits are identified in Section 9.60.050 (Allowed temporary uses).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.040 Exempt temporary uses.
The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Section 9.60.050 (Allowed temporary uses).
A.
Construction yards: On site.
1.
On-site contractors’ construction yard(s), in conjunction with an approved construction project on the same parcel.
2.
One adult caretaker may be present during nonconstruction hours.
3.
The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
B.
Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.
C.
Publicly owned property. Events that are to be conducted on publicly owned property for three (3) or less consecutive days within a ninety (90) day period and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.050 Allowed temporary uses.
The following temporary uses are allowed, subject to the issuance of a temporary use permit, and only when conducted in compliance with Section 9.60.090 (Conditions of approval):
A.
Car washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three (3) days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
B.
Contractors’ construction yards. Off-site contractors’ construction yard. The permit may be effective for up to twelve (12) months, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
C.
Events.
1.
Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets for fourteen (14) consecutive days or less, or six (6) two (2) day weekends, within a twelve (12) month period.
2.
Outdoor meetings and group activities within the parking areas for seven (7) consecutive days or less within a twelve (12) month period.
3.
Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th of the same year for Christmas tree sales.
D.
On-location filming. The temporary use of a specified and approved on-location site for the filming of commercials, movie(s), videos, etc. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas. The temporary use shall be subject to any City-adopted filming activities ordinance.
E.
Temporary sales trailers.
1.
A trailer may be used for temporary sales activities (e.g., model home sales, etc.).
2.
A permit for temporary sales trailer(s) may be granted for up to twelve (12) months.
F.
Temporary structures. A temporary class-room, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.
G.
Temporary work trailers.
1.
A trailer or mobile home may be used as a temporary work site for employees of a business:
a.
During construction or remodeling of a permanent commercial or industrial structure, when a valid building permit is in force; or
b.
Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
2.
A permit for temporary work trailer(s) may be granted for up to twelve (12) months.
H.
Other similar temporary uses. Similar temporary uses which, in the opinion of the Director, are compatible with the subject zoning district and surrounding land uses.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.060 Application filing, processing, and review.
A.
Filing. An application for a temporary use permit shall be filed with the Department in the following manner:
1.
Application required. An application for a temporary use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
2.
Application before operation. The application shall be filed with the Department at least thirty (30) days before the date that the proposed temporary use is scheduled to take place.
B.
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, and/or any other data/materials identified in the Department handout for temporary use permit applications.
C.
Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 9.60.080 (Findings and decision).
D.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
E.
No public hearing required. A public hearing shall not be required for the Director’s decision on a temporary use permit application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.070 Director’s decision.
The Director may approve a temporary use permit which would be operated in compliance with Section 9.60.090 (Conditions of approval), or the Director may defer action and refer the application to the Commission for review and final decision.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.080 Findings and decision.
A.
Director’s review. The Director shall review all applications and shall record the decision in writing with the findings on which the decision is based.
B.
Required findings. The Director (or the Commission on a referral) may approve a temporary use permit application, with or without conditions, only if all of the following findings are made:
1.
The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
2.
The proposed parcel is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel;
3.
The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and
4.
Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on site or at alternate locations acceptable to the Director.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.090 Conditions of approval.
In approving a temporary use permit application, the Director (or the Commission on a referral) may impose conditions which are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 9.60.080 (Findings and decision). These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
A.
Fixed period of time. A provision for a fixed period of time not to exceed thirty (30) days for a temporary use not occupying a structure, including promotional activities, or twelve (12) months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director;
B.
Operating hours and days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection A of this section;
C.
Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;
D.
Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;
E.
Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
F.
Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;
G.
Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;
H.
Police/security and safety measures. Provision for police/security and safety measures, as appropriate;
I.
Signs. Regulation of signs;
J.
Performance bond or other security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better, as determined by the Director;
K.
Compliance with applicable provisions. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of any/all required permits from any other department or governing agency; and
L.
Other conditions. Other conditions which would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.100 Condition of site following temporary use.
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 continue to be used in compliance with this Development Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.60.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation (temporary use permits only require a twenty-four (24) hour notice for revocation) that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a temporary use permit application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.010 Purpose of chapter.
The purpose of this chapter is to protect the integrity and character of the residential, commercial, and industrial areas of the City, through the application of provisions of this chapter consistent with the General Plan. The application will be reviewed for conformance to established standards.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.020 Applicability.
The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) may be allowable subject to the approval of an administrative use permit by the Director.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.030 Application filing, processing, and review.
A.
Filing. An application for an administrative use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for administrative use permit applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Notice and hearings.
1.
A public hearing shall be required for the Director’s decision on an administrative use permit.
2.
A public hearing shall be scheduled once the Director has determined the application complete.
3.
Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.040 Project review.
Each administrative use permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.050 Findings and decision.
A.
Referral to the Commission. When, in the opinion of the Director, the administrative use permit application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the application to the Commission for review and final decision.
B.
Next Commission agenda. The referral shall be placed on the agenda of the next available regular Commission meeting following the Director’s referral.
C.
Director’s action.
1.
Following a hearing, the Director (or the Commission on a referral) shall record the decision in writing and shall recite the findings upon which the decision is based.
2.
The Director may approve an administrative use permit in whole or in part, and may impose specific development conditions.
3.
These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.
D.
Required findings. The Director (or the Commission on a referral) may approve an administrative use permit application, with or without conditions, only if all of the following findings are made:
1.
The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in compliance with all of the applicable provisions of this Development 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 use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City;
4.
The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;
5.
There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
6.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.060 Conditions of approval.
In approving an administrative use permit application, the Director (or the Commission on a referral) may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.62.050 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.070 Use of property before final action.
Permits shall not be issued for any use involved in an application for an administrative use permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.080 Modification of permit.
Modifications to an approved administrative use may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.090 Periodic review.
The City may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.100 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, parcel, service, structure, or use which was the subject of the permit application in the same area, configuration, and manner as it was originally approved.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.62.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on an administrative use permit application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.010 Purpose of chapter.
The purpose of this chapter is to allow for activities requiring a conditional use permit and which are so unique that their effect on the surrounding environment cannot be determined before being proposed for a particular location. At the time of application, a review of the configuration, design, location, and potential effect of the proposed activity shall be conducted by comparing it to established development and site standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit(s) to be derived from the proposed use against the potential negative effects it may cause.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.64.020 Applicability.
A.
Uses listed in Division 2 of this title. The land use activities listed in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) when so designated in the tables of allowable uses and permit requirements may be allowable subject to the approval of a conditional use permit.
B.
Conditional use permits are to be approved by the Planning Commission and shall be considered final unless appealed to the City Council. Any interested party may appeal the Planning Commission’s decision per Section 9.90.020(B).
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)
§ 9.64.030 Application filing, processing, and review.
A.
Filing. An application for a conditional use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for conditional use permit applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Notice and hearings.
1.
A public hearing shall be required for a decision on a conditional use permit.
2.
A public hearing shall be scheduled once the Director has determined the application complete.
3.
Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.040 Project review.
Each conditional use permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.050 Findings and decision.
A.
Commission’s action.
1.
Following a hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based.
2.
The Commission may disapprove or approve a conditional use permit in whole or in part, and may impose specific development conditions.
3.
These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.
B.
Council’s action.
1.
Following a hearing, the Council shall record the decision in writing and shall recite the findings upon which the decision is based.
2.
The Council may disapprove or approve a conditional use permit in whole or in part, and may impose specific development conditions.
3.
These conditions shall relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district.
C.
Required findings. The Commission, or the Council as applicable, may approve a conditional use permit application, with or without conditions, only if all of the following findings are made:
1.
The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in compliance with all of the applicable provisions of this Development 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 use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City;
4.
The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;
5.
There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
6.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.060 Conditions of approval.
In approving a conditional use permit application, the Commission, or the Council, as applicable, may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.64.050 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.070 Use of property before final action.
Permits shall not be issued for any use involved in an application for a conditional use permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.080 Modification of permit.
A.
Changes to an approved project. An approved conditional use permit may be modified in compliance with Section 9.82.100 (Changes to an approved project).
B.
Modifications by Director. Minor modifications to an approved permit may be approved by the Director, in compliance with Section 9.82.100.
C.
Nonconformities. Minor modifications shall not apply when a nonconforming use, structure, or parcel is involved.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.090 Periodic review.
The City may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.100 Permit to run with the land.
A conditional use permit granted in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use which was the subject of the permit application in the same area, configuration, and manner as it was originally approved.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.64.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a conditional use permit application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.010 Purpose of chapter.
The purpose of this chapter is to provide a process for approving a planned development permit which is intended to:
A.
Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the development standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);
B.
Ensure development which meets high standards of environmental quality, public health and safety, the efficient use of the City’s resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and
C.
Incorporate a program of enhanced amenities (e.g., additional open space, improvements to an existing public facility (e.g., park or trail or related improvements, etc.)) than typically required by this Development Code.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.020 Applicability.
A.
Allowed development projects. A planned development permit may only be requested for a residential, office, commercial/mixed use, or business campus-type development project.
B.
Planned development permit precedes building or grading permits. For projects proposing a planned development permit, a building or grading permit shall not be issued until the planned development permit has been approved in compliance with this chapter.
C.
Activities only allowed in base zoning district. A planned development permit may not authorize a land use activity that is not allowed in the base zoning district.
D.
Modify standards.
1.
The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope (coverage, height, and setbacks), fence and wall heights, landscaping, open space, street layout, etc.) identified in this Development Code, with the exception of an increase in the applicable General Plan density/intensity.
a.
If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
b.
If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
c.
If a combination of public and private streets is used, then only that total area of all of the public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
2.
Planned developments shall comply with the planned development guidelines adopted by resolution of the City Council.
3.
Residential development projects with increased density or intensity standards may only be approved in compliance with State law (Government Code Section 65915).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.030 Application filing, processing, and fees.
A.
Applications. An application for a planned development permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by the information identified in the Department handout for planned development permit applications.
C.
Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.66.060 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.040 Review authority.
A.
Commission’s action. The Commission shall make a written recommendation to the Council on the planned development permit application, whether to approve, conditionally approve, or disapprove the application, based upon the findings contained in Section 9.66.060 (Findings and decision).
B.
Council’s Action. Upon receipt of the Commission’s recommendation, the Council may approve, approve in modified form, conditionally approve, or disapprove the planned development permit application, based upon the findings contained in Section 9.66.060 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.050 Project review, notice, and hearing.
A.
Application consistent with the purpose of chapter.
1.
Each planned development permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.
2.
The Director shall submit a staff report and recommendation to the Commission for its consideration.
B.
Notice and hearings.
1.
Public hearings shall be required for the Commission’s recommendation and the Council’s action on a planned development permit application.
2.
The public hearings shall be scheduled once the Director has determined the application complete.
3.
Noticing of the public hearings shall be given in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.060 Findings and decision.
A.
Review authority’s action. The applicable review authority may approve, conditionally approve, or disapprove an application for a planned development permit and shall record the decision and the findings upon which the decision is based.
B.
Required findings. The review authority may approve a planned development permit application, with or without conditions, only if all of the following findings are made.
1.
The planned development permit would:
a.
Be allowed within the subject base zoning district;
b.
Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;
c.
Be generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines; and
d.
Ensure compatibility of property uses within the zoning district and general neighborhood of the proposed development.
2.
The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications;
3.
Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
4.
Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);
5.
The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; and
6.
The design, location, operating characteristics, and size of the proposed development would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.070 Planned development permit amendment.
A.
Commission and Council action on requested changes. Any requested change in the planned development permit, other than those allowed by this section, shall be submitted for review and approval, in compliance with Section 9.66.040 (Review authority).
B.
Added stipulations deemed reasonable and necessary. The Commission or Council may, as a condition of approval, impose added stipulations or changes to the planned development permit as it deems reasonable and necessary to carry out the purpose and intent of this chapter.
C.
Minor changes by Director. Minor changes in the planned development permit which do not involve an increase in building area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.080 General development standards.
The following general development standards shall apply to any planned development permit:
A.
Design requirements. All of the provisions of Chapter 56 of this title (Site Plan Review) pertaining to design requirements shall be met unless waived or modified by the Council.
B.
Open storage of equipment and/or materials prohibited. There shall be no open storage of equipment and/or materials within the project area, except as approved by each permit.
C.
Solid waste/green waste/recyclable materials storage areas.
1.
For townhouse and clustered unit projects, adequate solid waste/recyclable materials and, where required, green waste storage areas shall be provided and enclosed as approved by the Director.
2.
Adequate solid gates and a vehicular access to these storage areas shall be provided. This requirement may be waived where individual pickup service is authorized in compliance with this Development Code.
D.
Yards.
1.
Yards: Residential PD. There shall be no minimum front, side, or rear yards required within an individually recorded lot. However, each dwelling unit shall have a minimum private yard or patio area of three hundred (300) square feet. This private yard or patio area shall have a minimum dimension of ten feet (10') and shall have direct access from the dwelling unit.
2.
Yards: Nonresidential PD. There shall be no minimum front, side, or rear yards required within an individually recorded lot. However, property setbacks adjacent to residential land uses and public streets shall comply with the underlying zone district. Special setbacks described in specific plan documents shall be adhered to.
E.
Space between structures.
1.
Dwelling units may be constructed with walls in common as a townhouse type or clustered with only portions of adjacent units connected.
2.
No minimum distance between structures shall be required; provided, the review authority determines that this type of development is likely to produce a more functional, enduring, and desirable residential environment and that no adverse effect to adjacent dwelling units would result. The separation between units shall comply with all applicable building and fire codes.
F.
Storage of recreational vehicles. The storage of recreational vehicles within the project area shall be allowed, in compliance with the following provisions:
1.
Highway operative recreational vehicles (e.g., camper-trucks, motor homes, etc.) shall be stored within the enclosed or covered parking spaces for each unit or be placed within a separate, enclosed, and approved communal storage facility.
2.
Other recreational vehicles (e.g., boats, trailers, etc.), shall be stored only within a separate, enclosed, and approved communal storage facility within the project, or at another appropriate off-site location.
3.
The storage facility shall be enclosed with a minimum six-foot (6') wall or fence or be appropriately fenced and screened with exterior landscaping. The location, size, and type of materials used for the enclosure shall be subject to the approval of the review authority.
G.
Undergrounding of utilities. All new and existing utilities on the subject property shall be placed underground unless otherwise waived by the provisions of Chapter 5 of Title 7.
H.
Owners association required. An owners association shall be required for the purpose of maintaining common areas and enforcing the covenants, conditions and restrictions (CC&Rs), unless otherwise approved by the City Council.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.090 Circulation standards.
Circulation facilities shall be provided in compliance with the following standards:
A.
Access.
1.
Location and number of access points. The location and number of access points to the development and the interior circulation pattern shall require the approval of the Director.
2.
Minimum of two (2) access points. There shall be no less than two (2) points of access. This requirement may be modified by the Director.
B.
Curbs and gutters.
1.
Curbs and gutters, where required by the City Engineer for drainage purposes, shall be installed on all private drives and roadways.
2.
The curbs and gutters shall be of a type acceptable to the City Engineer.
C.
Private driveway widths. When private driveways are to be used in place of public streets, the following pavement widths shall be required.
1.
When traffic movement is two (2) way, and on-street parking is not allowed, the minimum paved width shall be twenty-six feet (26').
2.
Where traffic movement is two (2) way and parallel on-street parking is allowed on one side only, the minimum paved width shall be thirty-two feet (32').
3.
Where traffic movement is two (2) way, and parallel on-street parking is allowed on both sides, the minimum paved width shall be thirty-six feet (36').
4.
Where perpendicular parking is allowed, and the private drive serves as the aisle for parking, the minimum paved width shall be twenty-six feet (26').
5.
No obstructive landscaping, except for grass or similar low level groundcover, shall be allowed.
D.
Streets and drives.
1.
Over one hundred feet (100') in length. All streets or drives over one hundred feet (100') in length shall either:
a.
Connect to another street; or
b.
Be terminated by a turnaround having a minimum radius of fifty-two feet (52').
2.
Cul-de-sac streets. Cul-de-sac streets or drives shall not exceed five hundred feet (500') in length.
E.
Structural specifications of streets.
1.
Public streets. Public streets within the development shall be constructed to City standards.
2.
Private streets. Private streets within the development shall have a structural section based on the same design life as applied to public streets and shall be constructed to City specifications.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.100 Landscaping standards.
Landscaping shall be provided in compliance with Chapter 28 of this title (Landscaping Standards).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.110 Parking standards.
Off-street parking provisions may be reduced by a planned development permit provided the applicant can demonstrate, to the satisfaction of the City, that the proposed parking adequately meets the parking demand for the project and is in compliance with all of the provisions of Chapter 32 of this title (Parking and Loading Standards).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.120 Development schedule.
An application for a planned development permit shall be in compliance with the following:
A.
Permit application shall include development schedule. An application for a planned development permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant’s knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.
1.
The development schedule, if required by the review authority, shall become a part of the planned development permit and shall be adhered to by the owner of the property and the owner’s successors-in-interest.
2.
The Director shall require the posting of cash, a savings and loan certificate, or a performance bond issued by a corporate surety company, in an amount to be determined by the City Engineer, in compliance with Section 9.82.070 (Performance guarantees), to cover the costs of the public improvements adjacent to the proposed development before the issuance of the building permit for the first phase of construction.
B.
Development schedule for phased developments.
1.
The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase.
2.
The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, prior to acceptance of the tract improvements within each particular phase of the development.
C.
The City of Clovis may initiate a conditional use permit and site plan review (master site plan review) for an office planned unit development or business campus planned unit development for properties located within the R-T (Research and Technology Park) District.
D.
Director to review overall progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.
E.
Council may extend development schedule. Upon a request by the property owner, for good cause shown, and upon the recommendation of the Commission, the Council may extend the time limits of the development schedule; provided, any request for an extension of time limits shall be on file in the office of the Director no later than the date of expiration.
F.
Suspension during processing of extension request. The filing of the time extension request shall suspend the actual expiration of the planned development permit until the extension request is recommended by the Commission and approved by the Council, except that no building permit shall be issued related to the planned development permit during the period of suspension.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.130 Conditions of approval.
In approving a planned development permit, the Council may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.66.060 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.140 Use of property before final action.
Permits shall not be issued for any use or construction involved in an application for a planned development permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.150 Modification of permit.
A.
Modifications by Commission. An approved planned development permit may be modified by the Commission and Council, in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees) and Section 9.66.070 (Planned development permit amendment).
B.
Minor modifications by Director. Minor modifications to an approved planned development permit may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.66.160 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a planned development permit application.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.010 Purpose of chapter.
A.
The purpose of this chapter is to ensure that:
1.
Variances and minor deviations are only granted when, because of special circumstances applicable to the property, the strict application of this Development Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zoning district; and
2.
Conditions are applied which would ensure that the variance or minor deviation shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.
B.
Does not extend to land uses.
1.
The power to grant variances and minor deviations does not extend to allowable land uses.
2.
Flexibility in allowable land uses is provided in Chapters 62 (Administrative Use Permits) and 64 (Conditional Use Permits) of this title.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.020 Review authority.
A.
Responsibility. The applicable review authority shall approve, approve with conditions, or disapprove variance and minor deviation applications, and impose conditions necessary to ensure compatibility with surrounding uses, to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by Section 9.68.060 (Findings and decision).
B.
Applicable authority. Variances and minor deviations may be granted in compliance with the following:
1.
Director. The Director may grant minor deviations, or may defer action and refer the application to the Commission, in compliance with Section 9.68.030(A) and State law; and
2.
Commission. The Commission may grant variances in compliance with Section 9.68.030(B) and State law.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.030 Applicability.
A.
Minor deviations. The Director may grant a minor deviation, up to a maximum of ten percent (10%) of the standards being modified, for only the following:
1.
Allowable height of a fence, hedge, or wall;
2.
Wavier of wall or fence requirements in commercial and industrial zoning districts; provided, adjacent residentially zoned parcels are proposed for nonresidential use, in compliance with the General Plan and any applicable specific plan;
3.
Wavier of residential district equivalent setback requirements in the commercial and industrial zoning districts;
4.
Distance between structures;
5.
Parcel coverage (with the exception of land/properties within approved Planned Development Permit (PDP) projects);
6.
Parcel dimensions and area (size);
7.
Reconstruction or remodeling of a nonconforming structure if, in the Director’s judgment, it will bring the structure and subsequent use into greater conformity with the use allowed in the subject zoning district; and
8.
Setbacks.
B.
Variances. The Commission may grant an adjustment from any of the requirements of this Development Code.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.68.040 Application filing, processing, and review.
A.
Filing. An application for a variance or minor deviation, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, and/or any other data/materials identified in the Department handout for variance or minor deviation applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Notice and hearings.
1.
A public hearing shall be required for the Commission’s decision on a variance.
2.
The public hearing shall be scheduled once the Director has determined the application complete.
3.
Noticing of the public hearing shall be given in compliance with Chapter 88 of this title (Public Hearings).
4.
A public hearing shall not be required for the Director’s decision on a minor deviation application; however, the Director shall have the discretion to provide notice (e.g., providing written notice to adjacent properties).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.050 Project review.
Each variance and minor deviation application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.060 Findings and decision.
A.
Review authority’s action. The Commission (variance) or the Director (minor deviation) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time).
B.
Referral. The Director may defer action and refer the application to the Commission.
C.
Required findings. The applicable review authority may approve an application, with or without conditions, only if all of the following findings are made:
1.
There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of this Development Code denies the owner of the property privileges enjoyed by other property in the vicinity and under an identical zoning district classification;
2.
Granting the variance or minor deviation:
a.
Is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the variance or minor deviation is sought;
b.
Would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
c.
Does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;
d.
Does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
e.
Would not be inconsistent with the General Plan or any applicable specific plan.
3.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.070 Disapproval of minor deviation.
The Director’s decision to disapprove a minor deviation application shall not prohibit or affect the right of the applicant to file an application for a variance in compliance with Section 9.68.030(B) (Variances).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.080 Precedents.
Each application shall be reviewed on an individual case-by-case basis and the granting of a prior variance or minor deviation is not admissible evidence for the granting of a new variance or minor deviation.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.090 Burden of proof.
The burden of proof to establish the evidence in support of the findings, required by Section 9.68.060 (Findings and decision), is the responsibility of the applicant.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.100 Conditions of approval.
In approving a variance or minor deviation application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.68.060 (Findings and decision).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.110 Use of property before final action.
Permits shall not be issued for any structure involved in an application for a variance or minor deviation until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.68.120 Post decision procedures.
The procedures relating to appeals that are identified in Chapter 90 of this title (Appeals) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a variance or minor deviation application.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.70.010 Purpose of chapter.
A.
A development agreement is a contract between the City and an applicant for a development project, in compliance with State law (Government Code Article 2.5 (Development Agreements)). A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance of payment of required fees, installation of necessary infrastructure, and other considerations the City might obtain in the development agreement.
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 (Government Code Article 2.5), and the agreement itself. 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 itself;
2.
The provisions of this chapter; and
3.
The provisions of State law (Government Code Article 2.5).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.020 Application.
A.
Equitable interest. Any person(s) having a legal or equitable interest in real property may apply through the Director to enter into a development agreement provided the following:
1.
The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director. An applicant may also include an authorized agent;
2.
The application is made on approved forms, contains all information required by the Director, and is filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees); and
3.
The application is accompanied by all lawfully required documents, materials, and information.
B.
Director’s review and recommendations.
1.
The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.
2.
The Director may call upon all other City departments for timely assistance in complying with this chapter.
C.
Fees.
1.
Processing fees, as established by the City’s Fee Schedule, shall be collected for an application for a development agreement made in compliance with this chapter.
2.
Appropriate fees shall be established and collected for amendments to a development agreement and the periodic review identified in Section 9.70.070.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.030 Application filing, processing, and review.
A.
Filing. An application for a Development Agreement shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B.
Contents. The application shall be accompanied by detailed data/materials identified in the Department handout for development agreement applications.
C.
Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D.
Notice and hearings.
1.
The Director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for public hearing before the Commission in compliance with Chapter 88 of this title (Public Hearings). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or disapprove the application, based on the findings identified in subsection E of this section (Findings and decision).
2.
Upon receipt of the Commission’s recommendations, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Chapter 88 of this title (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application, based on the findings identified in subsection E of this section (Findings and decision).
3.
Notice of the hearings identified in subsections (D)(1) and (2) of this section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867) and Chapter 88 of this title (Public Hearings).
E.
Findings and decision. The review authority may approve a development agreement only after first making all of the following findings:
1.
The development agreement is in the best interests of the City;
2.
The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Development Code;
3.
The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;
4.
The project will be compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located;
5.
The project will not adversely affect the orderly development of property or the preservation of property values;
6.
The project will further important Citywide goals and policies that have been officially recognized by the Council; and
7.
The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.040 Content of development agreement.
A.
Mandatory contents. A development agreement shall contain the applicable provisions identified below, in compliance with State law (Government Code Section 65865.2).
1.
Specify the:
a.
Duration of the agreement;
b.
Allowed uses for the subject property; and
c.
Density/intensity of the allowed uses;
2.
Describe the:
a.
Maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;
b.
Provisions, if any, for reservation or dedication of land for public purposes; and
c.
Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or impact fees;
3.
Provide for a tiered amendment review procedure that may incorporate the following:
a.
Director approval for minor modifications;
b.
Council approval for major amendments;
4.
Provide for the possibility of subsequent discovery of health and safety issues like a “compelling public necessity” (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.
B.
Permissive contents. A development agreement may contain the applicable provisions identified below, in compliance with State law (Government Code Section 65865.2):
1.
Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;
2.
Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;
3.
Terms and conditions relating to applicant financing of necessary public improvements and facilities including applicant participation in benefit assessment proceedings; and
4.
Any other terms, conditions and requirements as the Council may deem necessary and proper, including requirement(s) for ensuring, to the satisfaction of the Director, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.050 Execution and recordation.
A.
Ordinance becomes effective. 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 Section 9.70.030(D) (Notice and hearings), becomes effective.
B.
Recordation of agreement. A development agreement shall be recorded in the County Recorder’s Office no later than ten (10) days after it is executed.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.060 Amendment and cancellation of development agreements.
A.
Proposed amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.
B.
Same procedures. The procedure and notice requirements for amendment or cancellation of the development agreement are the same as the procedure for entering into an agreement in compliance with this chapter.
C.
City initiated amendment or cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least fifteen (15) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 88 of this title (Public Hearings).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.070 Periodic review.
A.
Subject to periodic review.
1.
Every development agreement approved and executed in compliance with this chapter shall be subject to periodic City review during the full term of the agreement.
2.
The review schedule shall be specified in the agreement.
B.
Purpose of periodic review.
1.
The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s) in interest has complied in good faith with the terms or conditions of the development agreement.
2.
The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.
C.
Council findings following periodic review. If, as a result of periodic review, the Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s) in interest has not complied in good faith with the terms or conditions of the development agreement, the Council may order, after a noticed public hearing in compliance with Section 9.70.030(D) (Notice and hearings), that the agreement be canceled or modified.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.080 Effect of development agreements.
A.
Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules 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 policies, regulations, and rules in force at the time of execution of the agreement.
B.
Application of new rules. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new policies, regulations, and rules.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.70.090 Approved development agreements.
Development agreements approved by the Council shall be on file with the City Clerk.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.72.010 Purpose of chapter.
A.
The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et seq.) or as this section may be amended or replaced from time to time.
B.
When required by Section 9.72.030 (Applicability), the General Plan, or this Development Code to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this chapter.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.72.020 Intent.
A.
General Plan predominant.
1.
After the Council has adopted the General Plan, or any amendment, the Department may, or as directed by the Council shall, prepare specific plans for the systematic implementation of the General Plan. Specific plans shall be prepared by or under the direction of the Director.
2.
No specific plan may be adopted or amended unless first found consistent with the General Plan, in compliance with State law (Government Code Sections 65450 and 65454). A specific plan may be adopted as an amendment to the General Plan. In such case it shall have the same standing as the General Plan.
B.
Adopted by ordinance. A specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this Development Code.
C.
Adopted by resolution. A specific plan adopted by resolution shall be applied as guidelines and the applicable standards contained in this Development Code shall take precedence over the development standards identified in the specific plan.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.72.030 Applicability.
A.
Flexibility and innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation.
B.
Urban centers. A comprehensive design document, which may include a specific plan, shall be required for areas designated as urban centers (Northwest, Northeast, and Southeast) prior to authorizing new development in those areas. Any specific plan prepared to satisfy this requirement shall be in compliance with this chapter and may be included in a comprehensive General Plan update.
C.
Commission and Council review. An application for a specific plan shall be considered by the Commission and Council.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.72.040 Initiation of specific plans.
A specific plan may be initiated by the following:
A.
Council. By the Council, with or without a recommendation from the Commission;
B.
Commission. By the Commission; or
C.
Staff. By the Director.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.72.050 Adoption of specific plan.
The specific plan shall be adopted by ordinance or by resolution of the Council, in compliance with State law (Government Code Section 65453). The City Council shall determine whether a specific plan is to be approved by ordinance or by resolution, or as a General Plan amendment.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.72.060 Amendments.
A.
Process for amendment. A specific plan may be amended through the same procedure specified by this chapter for the approval of a specific plan.
B.
Frequency of amendments. The specific plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453). The purpose of a specific plan is one of stable long-term policy. Once adopted, a specific plan should only be amended where there is a compelling public purpose.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.74.010 Purpose of chapter.
A.
The U-C Planned Urban Center District is intended to encourage the effective and timely development of land for urban center purposes in accordance with the objectives of the General Plan, specific plan and/or master plan.
B.
It is the intent of this district to provide for urban center commercial, service and residential facilities in a planned center which encourages innovative design solutions and which will result in an environment superior to that possible under conventional commercial zoning.
C.
In the U-C District, any and all uses customarily associated with urban centers shall be permitted provided they are shown on the development plan approved by the Council. Additionally, special uses may be approved where the Council makes the finding that the use is in keeping with other uses within the U-C District. The categories of use shown on the development plan shall include, but not be limited to, the following: amusements, entertainment, recreation, grocery stores, food stores, personal or business services, hotels or motels, auto services or repair, professional offices, restaurants, general retail, durable goods retail, and financial institutions, governmental uses, religious or service organizations, and residential uses. Such use categories are taken from the Clovis Business License Classification Manual adopted by the Council as part of the business license ordinance.
D.
It is not the intent of this section to require the specific listing of a business or other uses beyond the general category of use, i.e., commercial, office, service, residential. The differentiation of categories is intended to separate uses which have significantly different parking requirements or require special design consideration.
E.
A conditional use permit shall be required for any change in use category from that approved by the Council under the development plan. Conditional use permit applications shall be processed in accordance with Chapter 64 of this title (Conditional Use Permits)
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
§ 9.74.020 Application.
Application for the establishment of the U-C District shall be in the same manner as provided for in Chapter 76 of this title (Planned Commercial Center).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.76.010 Purpose of chapter.
A.
The P-C-C Planned Commercial Center District is intended to encourage the effective and timely development of land for commercial purposes in accordance with the objectives of the General Plan.
B.
It is the intent of this district to provide for neighborhood, community, and regional shopping facilities in a planned center which encourages innovative design solutions and which will result in an environment superior to that possible under conventional commercial zoning.
C.
In the P-C-C District, any and all uses customarily associated with commercial centers shall be permitted provided they are shown on the development plan approved by the Council. Additionally, special uses may be approved where the Council makes the finding that the use is in keeping with other uses within the P-C-C District. The categories of use shown on the development plan shall include, but not be limited to, the following: amusements, entertainment, recreation, grocery stores, food stores, personal or business services, hotels or motels, auto services or repair, professional offices, restaurants, general retail, durable goods retail, and financial institutions. Such use categories are taken from the Clovis Business License Classification Manual adopted by the Council as part of the business license ordinance.
D.
It is not the intent of this section to require the specific listing of a business. The differentiation of categories is intended to separate uses which have significantly different parking requirements or require special design consideration.
E.
A conditional use permit shall be required for any change in use category from that approved by the Council under the development plan. Conditional use permit applications shall be processed in accordance with Chapter 64 of this title (Conditional Use Permits).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.76.020 Application.
Application for the establishment of the P-C-C District shall be in the same manner as provided for in Chapter 86 of this title (Amendments), except as provided for in this section. The P-C-C District is a Master Plan District established through the filing of a preliminary development plan. Following the approval of the preliminary development plan, a final development plan shall be filed and processed concurrently with Chapter 56 of this title (Site Plan Review). Unless otherwise specified by the Council as part of the preliminary development plan approval, the Director shall review and approve the final development plan. The final development plan shall be approved prior to the issuance of any building permit for the site. If the approved preliminary development plan shows a phased development, the final development plan for each phase shall be approved prior to the issuance of a building permit for development within that phase. The development plan approved under this procedure, along with any condition of approval and exhibit, shall constitute the property development standards for the property so designated. Modifications to the Master Plan, other than those which substantially change the public impact, may be approved as an amendment or as a new filing of the final development plan in accordance with Chapter 56 of this title (Site Plan Review). Any substantial amendments to the development plan shall be in accordance with Chapter 50 of this title (Application Filing, Processing, and Fees).
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.76.030 Application filing, processing, and review.
A.
Unless otherwise specified by the Council as part of the preliminary development plan approval, the Director shall review and approve the final development plan. The final development plan shall be approved prior to the issuance of any building permit for the site. If the approved preliminary development plan shows a phased development, the final development plan for each phase shall be approved prior to the issuance of a building permit for development within that phase.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.76.040 Preliminary plan.
A.
The preliminary development plan shall be prepared by a design group consisting of at least a licensed architect and civil engineer. Other disciplines may also be required by the Director.
B.
The preliminary development plan required by this section shall contain, but not necessarily be limited to, the following information:
1.
The proposed name of the shopping center;
2.
The location by legal description;
3.
The name and address of the applicant and the person and/or firm who prepared the plans;
4.
Be in a scale acceptable to the Director;
5.
A site survey indicating existing site conditions such as:
a.
The boundary line of the proposed center and the total acreage;
b.
Unique natural features;
c.
Existing sewer lines, water mains, culverts, and underground facilities;
d.
Drainage; and
e.
The location, widths, and names of all existing streets, railroad and utility rights-of-way, and structures within one hundred feet (100');
6.
Proposed plans indicating:
a.
The location and general exterior dimensions, including the height, of the principal and accessory buildings;
b.
Preliminary architectural drawings;
c.
The location and arrangement of parking stalls and aisles;
d.
The location of vehicular drives, entrances, exits, and acceleration and deceleration lanes;
e.
The location of loading and unloading spaces and docks;
f.
Traffic patterns within the site;
g.
The location of pedestrian entrances, exits, and walks;
h.
Preliminary drainage plans;
i.
The location, height, and materials of walls, fences, and screen plantings;
j.
A general indication of the landscaping, whether groundcover, shrubbery, or trees; and
k.
The finished grades, slopes, banks, and ditches;
7.
The sign program for shopping centers shall be approved with the site plan review. The design criteria for all signs to be located within a shopping center or a mall type development shall be approved by the Department before any individual sign permit application for the development is processed by the Building Division. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design and shall be subject to the provisions of Chapter 34 of this title (Signs);
8.
Any covenants, conditions, and restrictions;
9.
The stages, if any, to be followed in the construction of the shopping center, along with an anticipated development schedule;
10.
The individual lots, if any, into which the shopping center is proposed to be divided, and the covenants, easements, and other legal documents proposed to assure adequate parking and access for each lot and the development and operation of the shopping center as an integrated whole; and
11.
Such additional information as may be required by the Director or as may be necessary to complete the environmental assessment.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.76.050 Property development standards.
A.
The minimum size of the district shall be five (5) acres.
B.
The maximum height, minimum setbacks, yard requirements, space between buildings, lot coverage, walls, off-street parking, access, outdoor advertising, loading, lot area, and dimensions of any lots into which the P-C-C District may be divided shall be established by the development plan approved by the Council and included in the covenants, conditions, and restrictions for the property.
(§ 2, Ord. 14-13, eff. October 8, 2014)
§ 9.77.010 Purpose of chapter.
The purpose of this chapter is to set forth the City’s move toward objective development standards for multifamily and single-family residential projects. Residential development standards shall be approved by the Council, upon recommendation of the Director, for single-family, multifamily, and mixed-use residential projects. Once adopted, the review procedures set forth in this chapter shall apply in lieu of site plan review for single-family projects, multifamily projects, or the residential component of mixed-use residential projects.
(§ 5 (Att. E), Ord. 21-06, eff. December 1, 2021)
§ 9.77.020 Single-family standards.
Notwithstanding anything to the contrary in this title, single-family projects shall be subject to the single-family residential development standards approved by the City Council. Single-family housing development projects shall be reviewed and approved according to the review and approval requirements for subdivisions set forth in Chapter 110 of this title.
(§ 5 (Att. E), Ord. 21-06, eff. December 1, 2021)
§ 9.77.030 Multifamily standards.
Notwithstanding anything to the contrary in this title, multifamily projects shall be subject to the multifamily residential development standards approved by the City Council.
(§ 5 (Att. E), Ord. 21-06, eff. December 1, 2021)
§ 9.77.040 Mixed-use residential standards.
Notwithstanding anything to the contrary in this title, the residential component of mixed-use residential projects shall be subject to the mixed-use residential development standards approved by the City Council.
(§ 5 (Att. E), Ord. 21-06, eff. December 1, 2021)
§ 9.77.050 Multifamily residential development review.
Multifamily housing development projects and the residential component of mixed-use housing development projects that meet the objective multifamily residential development standards specified in Section 9.77.030 shall be reviewed and approved or denied as provided for in this section. Multifamily projects that do not meet the objective standards shall be processed according to the review and approval requirements for site plan reviews set forth in Chapter 56 of this title.
A.
Application review. Each application for a multifamily housing development project or the residential component of a mixed-use housing development project shall be reviewed to ensure that the application is consistent with: the purpose of this chapter; all applicable development standards and regulations of this Development Code; and any adopted objective development standards and policies that may apply.
1.
Multifamily residential development review is initiated when the Department receives a complete application package pursuant to Chapter 50 of this title that includes all required materials specified in the Department handout and any additional information required by the Director in order to conduct a thorough review of the proposed project. The final application for housing development projects shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for residential development review.
2.
Upon receipt of a complete final application the Director shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans with applicable City codes, regulations, development standards, design standards, and policies.
3.
The following criteria shall be considered during the multifamily residential development review:
a.
Compliance with this chapter and all other applicable City ordinances;
b.
Consistency with the General Plan and any applicable specific plan; and
c.
Consistency with any adopted objective development standards.
B.
No public hearing required. A public hearing shall not be required for the Director’s decision on a residential design review.
C.
Director decision.
1.
Upon the receipt of the completed final application, the Director shall determine whether or not the final application meets the requirements of this chapter.
2.
The Director shall approve the multifamily residential development review, or return with corrections and findings, pursuant to Chapter 50 of this title.
3.
The Director shall approve a multifamily residential development review application only if all of the following findings are made. The Director’s decision to approve the application is considered ministerial. The Director’s decision shall be supported by the record. The proposed development must:
a.
Be allowed within the subject zoning district;
b.
Be in compliance with all of the applicable provisions of this Development Code that are necessary to carry out the purpose and requirements of the subject zoning district, including prescribed development standards and applicable objective multifamily residential development standards established by resolution of the Council;
c.
Be in compliance with all other applicable provisions of the Clovis Municipal Code; and
d.
Be consistent with all objective policies and standards identified in the General Plan and any applicable specific plan.
D.
Appeal. The Director’s decision shall be final except as follows:
1.
The applicant may appeal the denial of a multifamily residential development review to the Commission in accordance with Chapter 90 of this title.
2.
Appeals shall be limited to mistakes of fact.
E.
Environmental review. Multifamily residential development review applications approved by the Director are considered ministerial and are exempt from environmental review under the California Environmental Quality Act (CEQA). The appeal of a Director decision to the Commission for a mistake of fact does not change the ministerial nature of the project.
F.
Post decision procedures. Except as otherwise specified in this chapter, the procedures set forth in Chapter 50 and Division 6 of this title (Development Code Administration) shall apply following the decision on a multifamily residential development review.
(§ 5 (Att. E), Ord. 21-06, eff. December 1, 2021)
