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This Chapter establishes the overall structure for the application, review, and action on discretionary permit applications and identifies and describes those discretionary permits and other approvals required by this Development Code in Table 7-1 (Review Authority).

A.

Administrative permits and actions. Except when combined with legislative actions or other non-administrative actions defined in this Article, the Director, also defined in this Development Code as the designee of the Director, is the designated review authority for the following quasi-judicial permits and actions, which are generally limited to interpretation of policy or relatively minor adjustments of Development Code standards. Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable Development Code provisions. A public hearing in compliance with Chapter 19.146 (Public Notices and Hearings) is required for Administrative Variances and Minor Use Permits. The Director, at the Director's sole discretion, may elevate the level of review to a higher review authority.

1.

Administrative variances. An administrative action granting exception to certain development standards of this Development Code in cases where strict compliance would result in a unique hardship in compliance with Chapter 19.126 (Variances and Administrative Variances).

2.

Development code interpretations. An administrative interpretation of certain provisions of this Development Code in an effort to resolve ambiguity in the regulations and to ensure their consistent application in compliance with Chapter 19.04 (Interpretation of the Development Code).

3.

Minor use permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and in compliance with procedures specified in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

4.

Reasonable accommodations. An administrative permit authorizing limited modifications to residential properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards and in compliance with procedures specified in Chapter 19.120 (Reasonable Accommodations).

5.

Sign-related permits.

a.

Sign permits. An administrative permit authorizing a variety of signs, including individual signs for promotional advertising in compliance with specific provisions and conditions of this Development Code and Chapter 19.42 (Signs). Temporary signs may also be approved in conjunction with a Temporary Use Permit or Special Event Permit issued in compliance with Chapter 19.124 (Temporary Use Permits).

b.

Comprehensive sign programs. A process through which permissible on-site signage is reviewed to provide for a coordinated, complementary program of signage within a single development project consisting of multiple tenant spaces, a district, or special signage in the Commercial-Freeway zone.

6.

Site plan and design review. An administrative review process providing for review of projects for compliance with the provisions of this Development Code and with any site plan or architectural design guidelines adopted by the City and as provided in Chapter 19.122 (Site Plan and Design Review). The Director's review role is delegated to Department Staff, the Director, or the ARB, as specified in Chapter 19.122 and Table 7-2.

7.

Temporary use permits. An administrative permit authorizing specific limited term uses in compliance with specified conditions and performance criteria specified in Chapter 19.124 (Temporary Use Permits).

8.

Zoning clearances. An administrative plan check process of nonexempt uses and structures that do not otherwise require review to determine compliance with applicable provisions of this Development Code as provided in Chapter 19.128 (Zoning Clearances).

B.

Quasi-judicial permits and actions. Except when combined with legislative actions, the Commission is the designated review authority for the following quasi-judicial permits and actions. Additionally, review of administrative permits and actions may be referred to the Commission. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 19.146 (Public Notices and Hearings).

1.

Conditional use permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Development Code and the procedures specified in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

2.

Planned development permits. A permit authorizing the development of land that may not conform with the applicable zone-driven standards or related regulations, but which complies with the goals and policies of the General Plan for a particular area in compliance with Chapter 19.118 (Planned Development Permits). A Variance may also allow for exceptions to development standards, but only when strict State-mandated findings can be made.

3.

Variances. An action granting exception to the development standards of this Development Code in cases where strict compliance would result in a unique hardship in compliance with Chapter 19.126 (Variances and Administrative Variances). A Planned Development Permit may also allow for exceptions to development standards, but only when provisions for enhanced amenities can be demonstrated and the project site is at least one acre.

C.

Legislative actions. The designated review authority for all legislative actions is the Council. A public hearing is required for the following legislative actions in compliance with Chapter 19.146 (Public Notices and Hearings).

1.

Density bonus for affordable housing. An action authorizing a residential density bonus in compliance with Chapter 19.64 (Density Bonus for Affordable Housing).

2.

Development agreements and amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 19.148 (Development Agreements).

3.

Development code text/zoning map amendments. An action authorizing either a text amendment to this Development Code or a map amendment changing the zoning designation of particular property in compliance with Chapter 19.142 (Amendments).

4.

General plan text/map amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land use designation of particular property in compliance with Chapter 19.142 (Amendments).

5.

Specific plans and amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area as specified in Chapter 19.150 (Specific Plans).

D.

Subdivision maps and other approvals.

1.

Subdivision of land. Subdivision of Land Regulations governing the subdivision of land are established in Article 5 (Subdivisions).

2.

Buildings and construction. Provisions for construction and building are established in Municipal Code Title 16 (Buildings and Construction).

A land use on property that complies with the permit requirement or exemption provisions of this Development Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Development Code shall eliminate the need to obtain any permits required by:

A.

Any other Municipal Code provisions, including Building, Grading, or other construction permits; a Business License in compliance with Municipal Code Section 5.04.020 (License Required), if required; or subdivision approval if required by Article 5 (Subdivisions); or

B.

Any applicable county, regional, State, or Federal regulations.

This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications required by this Development Code.

Table 7-1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code.

A.

Concurrent filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, with all application fees required by Section 19.112.050 (Application and Other Related Fees), below, unless this concurrent filing requirement is waived by the Director.

B.

Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Development Code for any of the applications. For example, a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council instead of the Commission which would otherwise be the final decision making authority for the Conditional Use Permit as specified in Table 7-1. In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

Notes:

1.

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 19.144 (Appeals); "Issuance" means that the review authority may consider and grant the request in compliance with this Development Code; "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration.

2.

Any review authority may defer action and refer the request to the next higher review authority level for consideration and final action. In cases where the Council has the final decision, the first appeal review would also go before the Council.

3.

Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs are shared by the Department Staff, the Director, the ARB, and the Commission. Specific review authority for these actions are further specified in Chapter 19.122 and summarized in Table 7-2.

_____

A.

Pre-application conference.

1.

A prospective applicant is strongly encouraged to request a pre-application conference with the Director or designated Department Staff member before completing and filing a permit application required by this Development Code.

2.

The purpose of a pre-application conference is to generally:

a.

Inform the applicant of City requirements as they apply to the proposed project;

b.

Discuss the City's review process, possible project alternatives, or modifications; and

c.

Identify information and materials the City will require with the application, including any necessary technical studies and information anticipated for the environmental review of the project.

3.

Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by the City's representative.

4.

Failure of the City's representative to identify all required studies or all applicable requirements at the time of pre-application review shall not constitute a waiver of those studies or requirements.

B.

Application contents.

1.

Each application for a permit, amendment, or other matter pertaining to this Development Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the Department handout for the specific type of application and/or as specified by the Director.

2.

Applicants are encouraged to contact the Director or designated Department Staff member before submitting an application to verify which materials and fees are necessary for application filing and/or to arrange for an appointment for submittal.

3.

The applicant shall verify the contents of the application and the date of verification shall be noted on the application.

C.

Eligibility for filing.

1.

An application may only be filed by the owner of the subject property.

2.

Or, with the Director's approval, a lessee (with the exclusive right to use the property for a specified use) or an authorized agent or representative of the owner, with the written consent of the property owner, may file an application. The written consent of the property owner shall be provided at the time of filing.

D.

Application filing status.

1.

If the Director determines that an application cannot lawfully be approved by the City (e.g., a request for a Zoning Map amendment or Conditional Use Permit could not be approved in the absence of a concurrent General Plan amendment application or a Conditional Use Permit application proposes a use that is not allowable in the subject zone, etc.), or the application constitutes a non-allowed resubmittal of a previously denied request in compliance with Section 19.130.090 (Resubmittals), the Director shall not accept the application for processing and any collected fees shall be returned.

2.

In cases where the Director considers the reasons and conditions specified in the application not within the scope of the requested permit or approval, or that the application is incomplete, the applicant shall be so informed and given an opportunity to complete the application in compliance with Section 19.112.070 (Initial Review of Application).

3.

If the application is filed and the required fees are accepted, the application shall be signed by the applicant to the effect that the applicant was informed of the matters specified in Subparagraph D.2., above.

4.

Acceptance of the application and/or fees does not constitute an indication of approval nor imply that the application is complete.

A.

Fee schedule.

1.

The Council shall establish a schedule of fees for the processing of the applications required by this Development Code, hereafter referred to as the Planning Fee Schedule.

2.

The Planning Fee Schedule is intended to allow recovery of all costs to the maximum extent by law, incurred by the City in processing permit applications.

3.

The Planning Fee Schedule may be amended as often as deemed necessary by the Council.

B.

Timing of payment.

1.

Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Payment of required fees and/or deposits shall not deem the application complete in compliance with Section 19.112.070 (Initial Review of Application), below.

2.

Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this Development Code.

C.

Refunds and withdrawals.

1.

Application fees cover City costs for public hearings, mailings, staff and consultant time and the other activities involved in processing applications.

2.

No refund due to denial shall be allowed.

3.

In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal.

4.

An application that has been rejected shall have the fees refunded.

A.

Applicant agreement.

1.

At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City's selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, or proceeding brought against the City or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of the City, which action is brought within the applicable statute of limitations.

2.

The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.

B.

City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A, above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.

C.

City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorney's fees and costs and defends the action in good faith.

A.

Review for completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any pre-application conference and/or during the initial application review period.

1.

Notification of applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, 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 Director's letter, shall be provided.

2.

Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director's determination in compliance with Chapter 19.144 (Appeals).

3.

Submittal of additional information.

a.

When the Director determines that 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 Subparagraph A.4., below.

b.

The additional specified information shall be submitted in writing or electronically, as required by the Director.

c.

The Director's review of the any information resubmitted by the applicant shall be accomplished in compliance with Subparagraph A.1., above, along with another 30-day period of review for completeness.

4.

Expiration of application.

a.

If an applicant fails to provide the additional information specified in the Director's letter within 60 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless a written request for an extension is submitted by the applicant and approved by the Director.

b.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

5.

Made available for public review. After an application has been accepted as complete, in compliance with the Freedom of Information Act the application may be made available for public review as requested.

6.

Environmental information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA guidelines.

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 project.

C.

Project review procedures.

1.

Investigation of facts. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Article.

2.

Inspection of premises.

a.

Pre-inspections. The Director shall have access to the subject premises in order to make an inspection(s) to confirm the statements contained in the application and accompanying graphic materials and to make a judgment as to its suitability.

b.

Post-inspections. After approval, the Director shall have access to the subject premises to confirm compliance with this Development Code and all conditions of permit approval.

A.

Burden of proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit or approval in compliance with this Chapter is the responsibility of the applicant.

B.

Precedence.

1.

Each permit shall be evaluated on a case-by-case basis.

2.

The granting of a prior permit either on the subject property or any other property within the City does not create a precedent and is not justification for the granting of a new permit under current review.

A.

Purpose. The purpose of this Chapter is to provide two distinct procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B.

Special consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

C.

Intent. The Conditional Use Permit and Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations in order to further the objectives of this Development Code and to provide the City with the opportunity to impose special conditions in order to mitigate potential impacts that could result from allowing the use(s) at the requested location.

Approval of a Conditional Use Permit or Minor Use Permit, as applicable, is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional Use Permit or Minor Use Permit.

An application for a Conditional Use Permit or Minor Use Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Conditional Use Permit and Minor Use Permit applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.114.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.

A.

Conditional use permits.

1.

The Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

3.

The Commission's decision is appealable to the Council in compliance with Chapter 19.144 (Appeals).

B.

Minor use permits. Before a decision on a Minor Use Permit is made, the City shall provide notice in compliance with Chapter 19.146 (Public Notices and Hearings), and as follows.

1.

Notice.

a.

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

b.

Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 19.114.050 [Findings and Decision], below).

c.

If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 2.b., below.

2.

Hearing.

a.

If a public hearing is requested and the provisions of Subparagraph B.1.c., above, do not apply, a hearing before the Director shall be scheduled, noticed, and conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

b.

If no public hearing is requested, the Director shall render a decision on the date specified in the notice referred to in Subparagraph B.1.a., above.

3.

Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 19.144 (Appeals).

A.

Review authority.

1.

Conditional use permits. Conditional Use Permits shall be approved, conditionally approved, or denied by the Commission.

2.

Minor use permits.

a.

Minor Use Permits shall be approved, conditionally approved, or denied by the Director.

b.

The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision.

B.

Required findings. The review authority may approve, conditionally approve, or deny a Conditional Use Permit or Minor Use Permit only after first making all of the following findings:

1.

The proposed use is consistent with the General Plan;

2.

The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Development Code and the Municipal Code;

3.

The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;

4.

Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; and

5.

The subject site is:

a.

Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and

b.

Served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

In approving a Conditional Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 19.114.050 (Findings and Decision), above.

A.

A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter, except as specified in Subparagraph B., below.

B.

Any Conditional Use Permit or Minor Use Permit that is not actively exercised for a continuous period of 12 months shall become invalid.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application.

The Planned Development Permit allows for review and approval of customized development standards for projects where flexibility in standards can produce unique living and business environments. The Planned Development Permit is intended to:

A.

Provide for efficient use of land and excellence of design. Create a process that provides for flexibility in the application of Development Code standards to proposed development projects under limited and unique circumstances. The purpose is to allow consideration of innovate site planning and project design; more effective design responses to site features, uses on adjoining properties, and environmental impacts; produce a more efficient use of land; and achieve higher quality site planning and excellence of design than may otherwise be possible through the strict application of the development standards specified in Article 2 (Zones, Allowable Uses, and Development Standards) and Article 3 (Regulations Applicable to all Zones);

B.

Provide for enhanced amenities and innovation in energy efficiency. Require enhanced amenities (e.g., additional and enhanced private and public open space areas) and provide incentives for enhanced energy-efficiency and sustainable building approaches than generally required by this Development Code; and

C.

Meet city's expectations. Meet the City expectations that each Planned Development Permit project be of obvious and significantly higher quality than would be achieved through conventional design practices and standards.

A.

Allowed development projects. A Planned Development Permit may only be requested for a residential, industrial, office, commercial retail, mixed-use, or business campus-type development project.

B.

Minimum site area. A Planned Development Permit may only be requested for a site(s) with a minimum of one acre of land area.

C.

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 and become effective in compliance with this Chapter.

D.

Allow land uses limited to those allowed in the base zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone. However, a separate Minor Use Permit or Conditional Use Permit may be processed concurrently, if required by this Development Code.

E.

Modify standards.

1.

The Planned Development Permit may adjust or modify any applicable development standard (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, parking, open space, street layout, etc.) specified in this Development Code, with the exception of an increase in the applicable density or intensity specified in Article 2 (Zones, Allowable Uses, and Development Standards).

2.

Residential development projects with density or intensity standards increased above the maximums specified in Article 2 (Zones, Allowable Uses, and Development Standards) may only be approved in compliance with Government Code Section 65915 and Chapter 19.64 (Density Bonus for Affordable Housing).

3.

Any request to adjust or modify applicable development standards shall include clear, written justification for each adjustment or modification, and shall include proposals for enhanced on- and off-site amenities that contribute to the overall quality of the development project.

An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.118.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

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. In particular, the staff report shall describe the proposed project enhancements that justify deviation from the standard development requirements that would otherwise apply.

B.

Notice and hearings.

1.

A public hearing shall be required for the Commission's action on a Planned Development Permit application.

2.

The public hearing shall be scheduled once the Director has deemed the application complete in compliance with Section 19.112.070 (Initial Review of Application).

3.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

A.

Commission as review authority. The Commission shall serve as the applicable review authority and may approve, conditionally approve, or deny 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 Commission may approve or conditionally approve a Planned Development Permit application only after first making all of the following findings:

1.

The Planned Development Permit will:

a.

Accommodate a use that is allowed within the subject base zone;

b.

Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General 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 zone(s), including prescribed development standards and applicable design guidelines, except for those provisions adjusted/modified in compliance with this Chapter; and

d.

Ensure compatibility of property uses in the surrounding neighborhood.

2.

The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high-quality architectural design and materials, significantly increased amounts and varieties of hardscape and landscape and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities, energy-efficient related standards and guidelines [i.e., sustainable design practices] in compliance with Chapter 19.52 [Sustainable Design Practices], etc.) than might otherwise occur from more typical development applications;

3.

Appropriate standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;

4.

Appropriate on-site circulation (e.g., pedestrian and vehicular) and traffic control is designed into the development to ensure facilities equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards specified in Article 2 (Zones, Allowable Uses, and Development Standards);

5.

The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;

6.

Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;

7.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use;

8.

If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include additional landscaping, additional common and private open space, pirate or separated entrances, etc; and

9.

The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity in terms of aesthetic values, character, and scale.

A.

Commission action on requested changes. Requested changes to an approved Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.

B.

Added stipulations deemed reasonable and necessary. The Commission 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 that do not involve an increase in the number of dwelling units or substantial change in intensity of use may be approved by the Director in compliance with Section 19.130.080 (Changes to an Approved Project).

In approving a Planned Development Permit, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 19.118.050 (Findings and Decision), above.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

This Chapter provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

A.

Eligible applicants.

1.

A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

3.

This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

Eligible request.

1.

A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

2.

A request for Reasonable Accommodation shall comply with Section 19.120.030 (Application Requirements), below.

A.

Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Planning Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

B.

Filing with other land use applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit, Site Plan and Design Review, etc.), the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.

C.

Responsibility of the applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.120.060 (Findings and Decision), below.

A.

Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

B.

Other review authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the authority reviewing the discretionary land use application.

A.

Director's review. The Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 19.120.060 (Findings and Decision), below.

B.

Other review authority. The written decision on whether to approve or deny the request for Reasonable Accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 19.120.060 (Findings and Decision), below.

A.

Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual defined as a disabled under the Acts;

2.

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with disability under the Acts;

3.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;

4.

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use zoning;

5.

Physical attributes of the property and structures; and

6.

Other Reasonable Accommodations that may provide an equivalent level of benefit.

(Ord. No. 916, § 7, 4-25-2023)

A.

Rescission. An approval or conditional approval of an application made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection B. (Discontinuance), below.

B.

Discontinuance.

1.

A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.

2.

If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:

a.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Development Code; or

b.

The accommodation is to be used by another qualifying individual with a disability.

3.

The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Reasonable Accommodation application.

A.

Purpose. The purpose of this Chapter is to provide a process for the appropriate review of development projects by the applicable City review authority specified in Table 7-2 (Review Authority for Site Plan and Design Review), below.

B.

Intent. The intent of this Chapter is to ensure that all approved site and structural development:

1.

Promotes the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable specific plan, and the standards specified in this Development Code;

2.

Respects the physical and environmental characteristics of the site;

3.

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

4.

Exemplifies high-quality design practices;

5.

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

6.

Minimizes or eliminates negative or undesirable visual impacts.

A.

Site plan and design review required. No one shall construct any structure or site improvement, or alter, move, rebuild, relocate, or significantly enlarge or modify any existing structure or site improvement specified in Table 7-2 (Review Authority for Site Plan and Design Review), below, unless a Site Plan and Design Review application is first reviewed and approved or conditionally approved by the applicable review authority in compliance with this Chapter.

B.

Compliance with chapter required. No Building or Grading Permit shall be issued until the requirements of this Chapter, as applicable, have been met.

A.

Applicable review authority. The applicable review authority for Site Plan and Design Review shall be as specified in Table 7-2 (Review Authority for Site Plan and Design Review), below, based on the type and/or size of structure or site improvement. Plans subject to review shall meet the standards of review identified in Section 19.122.040 D. Conditions of approval may be imposed through the review process to ensure that the project will be in compliance with those standards. The review authority's decision shall be subject to the findings specified in Subsection 19.122.050 E. Any review items requiring Director, ARB, or Commission review shall be subject to the application process specified in Section 19.122.040 (Application Filing, Processing, and Review). Any application or item subject to Site Plan and Design Review may be referred to a higher review authority in compliance with Subsection 19.122.050 B. (Referral of Application), below, or the review may be automatically elevated in compliance with Subsection C. (Discretionary Review by Other Review Authority), below.

1.

Staff review. Items listed as Department Staff review in Table 7-2 shall be subject to the review and approval of the Department (Community Development Department) Staff. At the discretion of the Director, proposals that are listed as Department Staff review items that may have the potential to be incompatible with or have an adverse effect on existing and surrounding property may be elevated to the level of Director or ARB review as provided for in Subparagraphs 2. and 3., below.

2.

Director review. Items listed as Director review in Table 7-2 shall be subject to the review and approval of the Director. At the discretion of the Director, proposals that are listed as Director review items that may have the potential to be incompatible with or have an adverse effect on existing and surrounding property may be elevated to the level of ARB review as provided for in Subparagraph 3., below.

3.

ARB review. Items listed as ARB review in Table 7-2 shall be subject to the review and approval of the Architectural Review Board, as defined in Article 9 (Definitions). The Commission, when acting as ARB, shall also act as the review authority for appeals of Director decisions.

4.

Commission review. When accompanied by other quasi-judicial action items, or where elevated by the Director or ARB, Commission review shall be subject to the review and approval of the Commission after consideration at a scheduled Commission meeting. The Commission shall also act as the review authority for appeals of ARB decisions.

5.

Council review. When accompanied by other related legislative action items, the Council may provide the final review decision. The Council shall also act as the review authority for appeals of Commission decisions.

B.

Determination of review authority by director. The review authority for items not listed in Table 7-2 shall be determined by the Director.

Notes:

1.

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.144 (Appeals); "Recommend" means that the review authority should provide preliminary review and forward input to the decision-making review authority for consideration.

2.

The review authority may defer action and refer the request to the next higher review authority for the final decision in compliance with Subsection 19.122.050 B. (Referral of Application), below.

3.

Process allows Department Staff to include conditions of approval.

4.

Process to include findings, conditions of approval, and appeal period.

5.

Square footages provided in this table presume a calculation that is all inclusive of aggregate new construction area, including square footage of both habitable and non-habitable structures meeting the definition of new building construction.

6.

Facade and/or exterior improvements requiring Site Plan And Design Review include window and door change outs when a Building Permit is required.

(Ord. No. 907, § 4.F., 3-8-2022)

_____

A.

Application filing.

1.

Staff level reviews. Staff level review does not require a formal application; however, sufficient detail shall be provided to Department Staff in order to make a determination to approve, conditionally approve, or deny the Site Plan and Design Review.

2.

All other reviews. All other reviews shall require an application for a Site Plan and Design Review which shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Site Plan and Design Review applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.122.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

B.

Review with other land use applications. If the project for which the request for Site Plan and Design Review is being made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application Filing), above, together for concurrent review with the application for discretionary approval.

C.

Application review.

1.

Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter; applicable development standards and regulations of this Development Code; and any adopted design guidelines and policies that may apply. Upon receipt of a complete application, the applicable review authority shall review the design, location, site plan configuration, and the effect of the proposed development on surrounding development by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.

2.

Regardless of whether an application is otherwise complete, the Director at his/her sole discretion may require installation of story poles, a massing model or a computer model for new residential and nonresidential structures, and second-story additions to existing residential structures that exceed 1,000 square feet, when it is deemed necessary for application review.

3.

Written notice shall be sent to the applicant before consideration of the Site Plan and Design Review application by the applicable review authority in compliance with Chapter 19.146 (Public Notices and Hearings). Additional notice provisions are specified in Subsection F. (Public Hearing and Notice Provisions), below.

4.

After the Site Plan and Design Review application has been deemed complete, the review authority shall either approve or deny the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this Chapter and various regulations of the City in compliance with Section 19.122.050 (Findings and Decision), below.

D.

Standards of review. When reviewing development plans that are subject to Site Plan and Design Review, the following criteria, in addition to other principles of good design, shall be considered as part of the review:

1.

Compatibility. Compatibility shall be ensured and determined by use of the following criteria:

a.

The arrangement, design, location, and size of all structures should be visually harmonious with the project site and with the surrounding sites and structures.

b.

New development, alteration, and/or enlargement of existing development should enhance and improve the appearance of the project's vicinity and be compatible with the character and quality of surrounding development.

c.

The proposed development should protect the development site as well as surrounding properties from noise, odor, vibration, and other impacts that may have an adverse impact.

d.

The height and bulk of proposed structures on the site should be in scale with the height and bulk of structures on surrounding sites, and should not visually dominate their sites or call undue attention.

e.

The location and configuration of structures should minimize interference with the privacy and views of occupants of surrounding structures.

2.

Architectural design and detail. Architectural design and detail shall be provided in all proposed development and shall be determined by use of the following criteria and in compliance with the applicable provisions of Chapter 19.44 (Architectural and Design Standards):

a.

Every effort should be given to design new structures in keeping with a recognized and established architectural style utilizing massing, materials, details, and similar elements of that style.

b.

Elements of good urban design and architecture should be implemented in all projects including, but not limited to building articulation, building colors, fenestration, massing, materials, and other architectural elements.

c.

Where no consistent architectural style or pattern is present, building design and massing should be used to complement existing development.

d.

Architectural treatment of all structures should be visually coordinated.

e.

Long, plain building walls should be avoided by incorporating building articulation (e.g., arcades, decks, material variation, porches, public art, roofline variation, varied setbacks, and windows) and other similar methods.

f.

Garish, inharmonious, or out-of-character colors should not be used on any structure, face, or roof visible from the street or from an adjoining site.

g.

Roof-mounted equipment shall be fully screened. Acceptable methods of screening may include parapet walls or some other creative manner as an architectural solution. Individual equipment screens may only be used for structures after all other methods of screening have been explored.

h.

Rooflines on a structure should create design interest and be compatible throughout the structure and with existing structures and surrounding development.

i.

The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities, and other sight features should show proper consideration for the functional aspects of the site (e.g., automobile, pedestrian and bicycle circulation) and the visual effect of the development on surrounding development.

j.

Amenities (e.g., arbors, architectural lighting, fountains, hardscape, public art, and trellis) and other design features should be provided on larger development projects.

k.

Green building practices, in addition to those required by Chapter 19.52 (Sustainable Development Standards) should be used when feasible.

l.

Electrical rooms with switchgear and similar items should be located within an electrical room and integrated into the building footprint.

m.

Interior roof access shall be used. Exterior roof ladders are prohibited.

3.

Landscape, lighting, parking, signs, and other design details. Landscaping, lighting, parking, signs, and other design details shall be provided in all proposed development and shall be determined by use of the following criteria:

a.

Equipment and utilities.

(1)

Utility boxes and other similar equipment should be located where they are well screened from public view.

(2)

Mechanical equipment on the site shall be appropriately screened from view.

(3)

When possible, all utilities should be installed underground.

b.

Fences/walls.

(1)

Fencing, walls, solid waste enclosures, and accessory structures should be harmonious with the principal structure and other structures on the site.

(2)

Retaining walls that are visible from public views should be limited in height, when possible. Decorative block should be used for all retaining walls. When taller retaining walls are necessary, they should be designed to reduce visual impact.

c.

Landscaping.

(1)

Landscaping should be designed in a way as to accent the property. Special effort should be given to colorful, creative, and varied planting designs that use native and native-compatible species that provide visual interest and water efficiency.

(2)

Attention shall be given to selecting parking lot trees that provide shade.

(3)

When mature trees are present on a site, every effort should be made to assess the value of the trees and, if reasonable, the trees should be incorporated into the proposed landscape plans.

(4)

Pedestrian paths should be incorporated into site design to provide access and visual interest and to provide the most effective pedestrian access to structures.

(5)

Decorative hardscape should be integrated into project areas to provide visual interest.

(6)

In the parking and driveway areas, decorative hardscape should be used at driveway access points and nodes in the parking area.

(7)

In pedestrian areas, decorative hardscape should be used near entries, within patio areas, and at other focal points in the project.

(8)

All landscaping shall conform to the provisions of Chapter 19.40 (Landscaping).

d.

Lighting.

(1)

Lighting shall be located so as to avoid glare and to reflect the light away from adjoining property and rights-of-way while recognizing the importance of security.

(2)

Wall-mounted lighting fixtures should be decorative and be compatible with the architectural style of the structure(s). Wall packs and fixtures that spread uncontrolled light shall be prohibited.

(3)

Pole-mounted lighting should be of an appropriate scale to compliment the structure that it serves. Wherever possible, decorative poles and fixtures should be used.

e.

Parking.

(1)

Parking and loading facilities should function efficiently with minimum obstruction of traffic on surrounding streets while facilitating on-site circulation.

(2)

Wherever possible, driveway access to parking areas should have as shallow of slope as possible to provide proper drainage and facilitate ease of access.

f.

Signs.

(1)

Signs should be creatively designed so as to improve the aesthetic aspects of the development as well as identify a business or location.

(2)

With a focus on graphic design, signs shall be clearly readable and shall utilize materials, textures, colors, and illumination that compliment the structure and site design.

(3)

During project design and review, consideration should also be given to the location and size of signs to ensure visual compatibility and vehicular and pedestrian safety.

(4)

For ground-mounted signs, landscape shall be incorporated with plans for the signs.

E.

On-site inspection. An application for a Site Plan and Design Review may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions specified in this Chapter.

F.

Public hearing and notice provisions.

1.

A public hearing shall not be required for any site plan and design review application, except when the site plan and design review application is accompanied by a companion quasi-judicial or legislative matter that would otherwise require a public hearing, and except for those items specified in Subparagraph 2., below; and for projects considered under Section 19.10.035 (Duplex Developments in Single-Family Residential Zones), and/or Chapter 19.88 (Urban Lot Splits).

2.

Required notice for specified site plan and design review applications shall apply to all non-single-family new construction structures or additions exceeding 500 square feet and when adjacent to a residential zone, notice shall be provided to all abutting residential property owners before the initial decision.

3.

When a public hearing is required, notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

G.

Appeal provisions. The review authority's decision may be appealed in compliance with Chapter 19.144 (Appeals).

(Ord. No. 907, § 4.G., 3-8-2022)

A.

Meets requirements of this chapter. The review authority shall determine whether or not the application meets the requirements of this Chapter.

B.

Referral of application.

1.

The Director may defer action and refer the application to the next higher review authority for the final decision.

2.

If the Site Plan and Design Review application submitted is of significant consequence or magnitude or involves potential public controversy, the ARB may defer action and refer the application to the Commission for review and final decision.

3.

The referral shall be placed on the agenda of the next available regular Commission meeting following the referral.

C.

Discretionary review by other review authority.

1.

If the application is filed concurrently with another discretionary land use application, the decision to approve or deny the Site Plan and Design Review shall be made by the authority responsible for reviewing the other discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the other discretionary review and Table 7-1 (Review Authority).

2.

For example, a project for which applications for a Conditional Use Permit and Site Plan and Design Review for a new structure shall have both applications decided by the Commission, instead of the ARB being the final decision-making authority for the Site Plan and Design Review as otherwise required by Table 7-2 (Review Authority for Site Plan and Design Review). In the example cited, the ARB would still consider the Site Plan and Design Review for the new structure and forward a recommendation to the Commission for consideration of both the Conditional Use Permit and Site Plan and Design Review.

3.

The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection E (Required Findings), below.

D.

Review authority's action.

1.

An application for a Site Plan and Design Review may be approved, conditionally approved, or denied by the review authority.

2.

The Director, ARB, or Commission shall consider an application in a timely manner after it is deemed complete. A decision of the Director, ARB, or Commission shall be made in writing. An approval by Department Staff may be in the form of a signature, stamp, or similar form of documentation.

3.

The written decision including any findings and/or conditions of approval shall be mailed to the applicant and kept on file in the Department.

E.

Required findings. The review authority may approve a Site Plan and Design Review application, only after first making all of the following findings. The proposed development is:

1.

Consistent with the General Plan and is in compliance with all applicable provisions of this Development Code and all other City ordinances and regulations;

2.

To be constructed on a parcel that is adequate in shape, size, topography, and other circumstances to accommodate the proposed development;

3.

In compliance with the applicable criteria specified in Subsection 19.122.040 D. (Application Filing, Processing, and Review), above, and the site is suitable for the proposed development; and

4.

Designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property.

In approving a Site Plan and Design Review application, the review authority, including a Staff-level review, may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 19.122.050 (Findings and Decision), above.

A.

Permits for grading, structures, and uses. Upon approval or conditional approval of a Site Plan and Design Review, or a revised Site Plan and Design Review, permits may be issued for grading, structures, and uses.

B.

Compliance with site plan and design review. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review.

C.

Determination by director. Compliance shall be determined by the Director, or in the case of disagreement with the applicant, by the applicable review authority.

D.

Determination by building official. Before a Building Permit may be issued for any structure in a development requiring Site Plan and Design Review, the Building Official shall make a determination that the proposed structure(s) is in compliance with the approved Site Plan and Design Review.

E.

Expiration. Construction of improvements permitted by a Site Plan and Design Review approval shall be "exercised" or commenced within 12 months of the actual date of approval in compliance with Section 19.130.060 (Expiration); provided, that this time limit may be increased or decreased, at the time of granting the approval, in order to allow the time limit to be concurrent with any other entitlement to construct identified in this Development Code.

F.

Extension. Upon receiving a written request before the expiration of any approval time period, the Director may grant an extension for a period not exceeding 12 additional months in compliance with Section 19.130.070 (Time Extensions); provided, that it is found that there has been no subsequent change in the findings, conditions of approval, and applicable regulations governing the approval.

Minor changes in a Site Plan and Design Review that do not involve an increase in structure area or height, an increase in the number of dwelling units, or an intensity of use may be approved by the Director in compliance with Section 19.130.080 (Changes to an Approved Project).

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Site Plan and Design Review application.

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.

For purposes of this Chapter, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and lasting from one to 30 days, and generally not more than 30 consecutive days in duration.

A.

Short-term activities. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

B.

Categories of land uses. The following two 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. Exempt temporary uses are identified in Section 19.124.040 (Exempt Temporary Uses), below; and

2.

Allowed temporary uses and special events. Non-exempt temporary uses, including special events, shall require a Temporary Use Permit and are identified in Section 19.124.050 (Allowed Temporary Uses), below.

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 19.124.050 (Allowed Temporary Uses), below.

A.

Construction sites—On-site.

1.

On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel.

2.

One adult caretaker may be present during non-construction hours.

3.

The construction and/or storage use 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 Director.

C.

Garage and yard sales. Garage and yard sales (i.e., personal property sales) conducted on residentially zoned property which shall be allowed only in compliance with Municipal Code Chapter 5.29 (Garage and Yard Sales).

D.

Publicly owned property. Events that are to be conducted on publicly owned property, are subject to the approval of the Director, and are sponsored by educational, fraternal, 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.

The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 19.124.090 (Conditions of Approval), below.

A.

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

B.

Special events.

1.

Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food markets/events, outdoor entertainment/sporting events, rodeos, rummage sales (not garage or yard sales), and swap meets limited to 14 consecutive days or less, or six two-day weekends, within a 12-month period. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

2.

Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid Business License, issued in compliance with Municipal Code Section 5.04.020 (License Required), may be allowed a maximum of six outdoor sale events (excluding City-sponsored activities). For purposes of this Subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

3.

Outdoor meetings and group activities/assemblies for seven consecutive days or less, within a 12-month period.

4.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with Municipal Code Section 5.04.020 (License Required); provided, the activity may only be held from October 1st through October 31 ^st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26 ^th , of the same year for Christmas tree sales.

5.

Athletic events, parades, and public assemblies, occurring on or within the public rights-of-way or other publicly owned property.

6.

Car washes, limited to one event each month for each site, not exceeding three days in length, and prohibited within the residential zones of the City. Sponsorship shall be limited to charitable, educational, fraternal, religious, schools, 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.

C.

Temporary residential real estate sales offices. One temporary real estate office may be located in any approved residential subdivision located within any residential zone in the City.

1.

The office shall be used only for the sale of residential property located within the subdivision in which the office is located.

2.

The temporary real estate office shall be removed at the end of two years following the date of the recording of the Final Map of the subject subdivision in which the office is located.

3.

If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate office on a month-to-month basis.

D.

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

E.

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, industrial, mixed-use, or research and development 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 approved for up to 12 months.

F.

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

A.

Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:

1.

An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Planning Fee Schedule.

2.

The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

B.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 19.124.080 (Findings and Decision), below.

C.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

D.

Public hearing not required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit application.

The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 19.124.090 (Conditions of Approval) below; or the Director may deny the application or defer action and refer the application to the Commission for review and final decision.

A.

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

B.

Required findings. The Director (or the Commission on a referral) may approve a Temporary Use Permit application, with or without conditions, only after first making all of the following findings:

1.

The operation of the requested temporary use at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

2.

The operation of the requested temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;

3.

The proposed parcel is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

4.

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 will or could reasonably be expected to generate;

5.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director; and

6.

The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit.

A.

May impose conditions. In approving a Temporary Use Permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 19.124.080 (Findings and Decision), above.

B.

Appropriate conditions. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1.

Fixed period of time;

2.

Operating hours and days;

3.

Temporary pedestrian and vehicular circulation;

4.

Regulation of nuisance factors;

5.

Regulation of temporary structures;

6.

Litter, sanitary, and medical facilities;

7.

Waste collection, recycling, and/or disposal;

8.

Police/security and safety measures;

9.

Signs;

10.

Performance bond or other security;

11.

Limitations on alcoholic beverage sales;

12.

Compliance with applicable provisions; and

13.

Other conditions.

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.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

A.

The purpose of this chapter is to ensure that:

1.

Variances and Administrative Variances are only approved 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 zone;

2.

Specific findings are required and associated conditions are applied that would work together to guarantee that the Variance or Administrative Variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located; and

3.

The difference between a Variance and an Administrative Variance is that the Administrative Variance must specify the "...the kinds of variances which may be granted ... and the extent of variation which the ... adjustment may allow..." in compliance with Government Code Section 65901.

B.

Limitations.

1.

This chapter does not grant: the power to approve Variances and Administrative Variances does not extend to allowable land uses.

2.

Flexibility in allowable land uses is provided in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

A.

Variances. The Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Development Code only after first making the findings specified in Section 19.126.040 (Findings and Decision), below.

B.

Administrative variances. The Director may approve an Administrative Variance for only those items specified in Table 7-3 (Types of Administrative Variances Allowed), below, and only after first making the findings specified in Section 19.126.040 (Findings and Decision), below.

A.

Filing. An application for a Variance or Administrative Variance shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Variance or Administrative Variance applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.126.040 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

B.

Project review procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

C.

Notice, hearings, and appeals.

1.

Variances—Public hearing required. A public hearing shall be required for the Commission's decision on a Variance application.

a.

Scheduling hearing. The public hearing shall be scheduled once the Director has determined the application complete.

b.

Giving notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

c.

Appeals. The Commission's decision is appealable to the Council in compliance with Chapter 19.144 (Appeals).

2.

Administrative variances.

a.

Public hearing required. Notice of the public hearing for an Administrative Variance application shall be mailed not less than five days before the date set for the hearing to the owners of all abutting property, using for this purpose the last known name and address of the owners as shown on the latest adopted tax roll of the County.

b.

Appeals. The Director's decision is appealable to the Commission in compliance with Chapter 19.144 (Appeals).

A.

Responsibility. The applicable review authority shall approve or deny Variance and Administrative Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required this Section.

B.

Applicable review authority. Variances and Administrative Variances may be approved in compliance with the following:

1.

Commission. The Commission may approve Variances in compliance with this Chapter and State law.

2.

Director. The Director may approve Administrative Variances, or may defer action and refer the application to the Commission for review and final decision, in compliance with this Chapter and State law.

C.

Authorized actions. The review authority shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time.

D.

Required findings. The review authority may approve a Variance or Administrative Variance application only after first making all of the following findings:

1.

There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the vicinity under an identical zoning classification;

2.

Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

3.

Approving the Variance or Administrative Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and

4.

The requested Variance or Administrative Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

The Director's decision to deny an Administrative Variance application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 19.126.020 A. (Variances), above.

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Administrative Variance is not admissible evidence for the approval of a new Variance or Administrative Variance.

The burden of proof to establish the evidence in support of the findings, required by Section 19.126.040 (Findings and Decision), above, is the responsibility of the applicant.

In approving a Variance or Administrative Variance application, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 19.126.040 (Findings and Decision), above.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Variance or Administrative Variance application.

Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure.

Where Article 2 (Zones, Allowable Uses, and Development Standards) or another provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use or structure, a Zoning Clearance shall be required at the time of the Director's review of any of the following:

A.

Initiation of a land use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

B.

Building permit, grading permit, or other construction permit.

1.

A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.

2.

Before a Building Permit may be issued for any structure in a development requiring Site Plan and Design Review in compliance with Chapter 19.122, the Building Inspector shall make a determination that the proposed structure is in compliance with the approved plan.

C.

Change of use.

1.

Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.

2.

A Zoning Clearance shall also be required even if the lessee, operator, or owner of the previous use did not file for or receive a Zoning Clearance.

D.

Change of tenancy or ownership. A new Zoning Clearance shall be obtained for a change of lessee, operator, or owner even when the change does not involve a change in the use being conducted on the subject property. The purpose of this provision is to ensure that the new lessee, operator, or owner is made aware of the Development Code requirements applicable to the subject use and any conditions of approval imposed on a discretionary permit authorizing the subject use.

E.

Business license. A Zoning Clearance shall be obtained before the City issues a new or modified Business License in compliance with Municipal Code Section 5.04.020 (License Required).

A.

Director's responsibility. The Director shall issue the Zoning Clearance after first determining that the request complies with all Development Code provisions applicable to the proposed land use or structure.

B.

Form of approval. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the Director's action on a Zoning Clearance.

This Chapter provides requirements for the implementation or "exercising" of the permits or approvals required by this Development Code, including time limits and procedures for approving extensions of time.

A.

Compliance. All work performed under a Building Permit for which project drawings and plans have received approval by the Department Staff, Director, ARB, Commission, or Council shall be in compliance with the approved drawings and plans, and any conditions of approval imposed by the applicable review authority.

B.

Changes. Changes to an approved project shall be submitted and processed in compliance with Section 19.130.080 (Changes to an Approved Project), below.

A.

Approvals, permits, and variances.

1.

A Reasonable Accommodation, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its approval/issuance.

2.

An Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Site Plan and Design Review, or Variance shall become effective 15 days following the actual date the decision was rendered by the applicable review authority, unless an appeal is filed in compliance with Chapter 19.144 (Appeals) prior to the effective date.

3.

Denial of a request for approval, permit or Variance becomes effective the date of determination.

B.

Agreements, plans, and amendments.

1.

Council actions to adopt or amend a Development Agreement, a specific plan (adopted by ordinance), this Development Code, or the Zone Map shall become effective on the 30 ^th day following the date the ordinance is actually adopted by the Council unless an appeal, filed in compliance with Chapter 19.144 (Appeals), is received prior to the effective date. For example, an ordinance adopted on October 1 ^st will actually be effective on October 31 ^st .

2.

Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective upon the adoption of the resolution by the Council.

C.

Issued on the effective date.

1.

Permits, certificates, and/or other approvals shall not be issued until the effective date specified in Subsections A. (Approvals, Permits, and Variances) and B. (Plans/Amendments), above; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter 19.144 (Appeals).

2.

Public Resources Code Sections 21167-21167.8, inclusive, specify the applicable time constraints for CEQA compliance. Failure by the applicant to comply with all applicable CEQA time constraints places the burden on the applicant for being responsible for all associated risks.

A.

Applicable provisions. A permit application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Development Code, which shall be fully satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.

B.

Public notice. The permit application shall be deemed approved only if the application received proper notice in compliance with Chapter 19.146 (Public Notices and Hearings) and Government Code Section 65956(b).

A.

Deposit of security.

1.

As a condition of approval of an Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, or Variance, upon a finding that the City's health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the permit in the event that the obligor fails to perform.

2.

The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).

3.

The security shall, as required by law or otherwise at the option of the City, be in the form of cash or a certified or cashier's check.

4.

The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director in conjunction with the City Engineer.

5.

Security required in compliance with this Section shall be payable to the City.

B.

Release of security. Upon satisfactory compliance (as determined by the Director or the Director's designee) with all applicable provisions of the conditions specified in the approval/permit, the security shall be released.

C.

Failure to comply.

1.

Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs, including any additional costs exceeding the security deposit, and measurable costs for administration.

2.

Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.

A.

Expiration of permit or approval. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions.

1.

Shall be exercised.

a.

To ensure continued compliance with the provisions of this Development Code, the permit or approval shall be exercised within 12 months following the date of approval, unless, by conditions of the permit or approval, a different (either greater [up to a maximum of 24 months] or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 19.130.070 (Time Extensions), below.

b.

Any time limit set by the applicable review authority shall be reasonable, based upon the size and the nature of the proposed project.

c.

If after construction commencement, work is discontinued for a minimum period of 180 days, the permit or approval shall expire and be deemed void.

d.

If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall be exercised before the expiration of the companion map.

e.

For a Conditional or Minor Use Permit, once all construction is completed and the permitted use established the applicability of time limits shall be as defined in Chapter 19.114 (Conditional Use Permits and Minor Use Permits).

2.

Allowable phasing.

a.

Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zone and then develop the remaining phases in compliance with this Section, without prior review authority approval.

b.

Pre-approved phases.

(1)

If a project is to be built in pre-approved phases, each subsequent phase shall have 12 months from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void.

(2)

If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be exercised before the expiration of the companion map.

3.

Shall be exercised before expiration. A permit or approval shall be exercised before its expiration. The permit or approval shall not be deemed exercised until the applicant has:

a.

Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvement has commenced and diligently pursued toward completion; or

b.

Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director, in preparation for the work described in Subparagraph a., above; and

c.

Diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit and not lapsed for longer than allowed by Subparagraph A.1.c., above; or

d.

Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

B.

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

1.

No further action is required by the City;

2.

No further reliance may be placed on the previously approved permit or approval;

3.

The applicant shall have no rights previously granted under the permit or approval;

4.

The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and

5.

Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development.

A.

Director's action to extend.

1.

The Director shall have the authority to extend the period specified in Section 19.130.060 (Expiration), above, for up to two additional 12-month periods.

2.

The applicant's written request for an extension of time shall be on file with the Department at least 30 days before expiration of the permit or approval, together with the filing fee required by the Planning Fee Schedule.

3.

Public hearing not required.

a.

A public hearing shall not be required for the Director's decision on an extension of time.

b.

However, the Director may conduct a public hearing in compliance with Chapter 19.146 (Public Notices and Hearings) if deemed appropriate by the Director.

B.

Director denies extension. In the event the Director denies the request for extension, the applicant may, within 15 days of the decision, appeal the decision in compliance with Chapter 19.144 (Appeals).

C.

Required findings. An extension of the permit or approval may be granted only if the Director first makes all of the following findings:

1.

There have been no changes in circumstances or law that would preclude the Director from making the findings upon which the original approval was based; and

2.

Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant.

D.

Further extensions. An application for an extension of the permit or approval in excess of 36 months following the original date of approval (original 12 months plus up to two additional 12-month periods) shall be treated as a new application which shall be filed in compliance with Chapter 19.112 (Application Processing Procedures).

A.

Application.

1.

A development or new land use allowed through an Administrative Variance, Conditional Use Permit, Minor Use Permit, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this Section.

2.

An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the request.

3.

Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.

4.

Changes shall not be implemented until first approved by the applicable review authority in compliance with this Section, and may be requested either before or after construction or establishment and operation of the approved use.

B.

Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter 19.146 (Public Notices and Hearings).

C.

Minor changes by director. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use only if the changes:

1.

Are consistent with all applicable provisions of this Development Code and the spirit and intent of the original approval; and

2.

Do not involve a feature of the project that was:

a.

A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;

b.

A basis for conditions of approval for the project; or

c.

A specific consideration by the review authority (e.g., the Director, ARB, Commission, or Council) in granting the permit or approval.

3.

Do not involve any expansion or intensification of the use or structure.

D.

Major changes. Major changes include changes to the project involving features specifically described in Subsection C., above, and shall only be approved by the original review authority through a new application, processed in compliance with this Development Code.

A.

Resubmittal after denial with prejudice.

1.

The Director may reject an application for a discretionary planning permit, or amendment, on the grounds that two or more similar applications for the same site have been denied in the past two years (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application.

2.

For a period of 12 months following the actual date of denial with prejudice by the Director, ARB, Commission, or Council, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion thereof.

B.

Exception to subsection A., above. The Director may allow exception to Subsection A., above, based on one or more of the following findings:

1.

New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.

2.

There has been a substantial and permanent change of circumstances since the previous hearing(s), which materially affects the applicant's real property.

3.

A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous application.

C.

Resubmittal after denial without prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.

D.

Director's determination, appeal.

1.

The Director shall determine whether a new application is for a planning permit or amendment that is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this Section.

2.

The Director's determination may be appealed to the Commission, in compliance with Chapter 19.144 (Appeals).

All permits and approvals shall be implemented in substantial compliance with the approved drawings and plans and any conditions of approval imposed by the review authority, including those specified in Chapter 19.32.060 (Street Improvements).