A. Scope. Any person may apply to the planning department, in writing, for approval of a development application, including site and architecture approval, conditional use permit, variance, tentative subdivision map, time extension to a previous approval, zoning ordinance amendment, general plan amendment, annexation; to appeal an action of the deciding body, or other entitlements. All applications shall comply with all applicable procedures of this section. Applications shall be on forms prescribed for that purpose by the city planner and, if not submitted by the owners of the relevant property, shall include the written consent of the owner of the property on which the use is to be located.

B. Application Fees and Deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by city council resolution, to cover the costs incurred in the processing of the application. In no case shall the development application be set for hearing or final action until such time as any balance due is paid in full.

C. Complete Applications. Any application for a permit or entitlement must be accepted as complete for processing by the city planner in order to initiate the official review process. Standard minimum submittal requirements shall be established by the city planner. The city planner may request additional information specific to the permit or entitlement necessary for the complete analysis of an application. All required material, information and fees shall be provided by the applicant before the application is deemed complete for processing.

D. Incomplete Applications. In the event a development application is determined to be incomplete, written notice shall be provided to the applicant specifying the information and/or plans necessary to make the application complete within 30 calendar days after the receipt of the application. The applicant must supply the requested plans and/or information within 60 calendar days of the notice of incomplete filing or an extended time as may be granted by the city planner. Requests for time extensions shall be made in writing by the applicant. In the event that required information is not provided by the applicant within the time limits specified by this section, the city shall deem the application withdrawn or deny the permit or entitlement for the project, and the applicant shall be deemed to have forfeited the application fee. Information whose absence would constitute a reason for such withdrawal or denial are:

1. Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; or

2. Information without which the city’s decision to approve a project would not be supported by substantial evidence; or

3. Information which was specified for application submittal; or

4. Falsification or misrepresentation of any documentation.

Denial for any one of the above reasons may be deemed by the city to be a denial without prejudice to the applicant’s right to reapply for the same permit.

E. Environmental Review. All applications for development which are subject to the California Environmental Quality Act and city adopted guidelines shall be required to submit a completed Initial Study Part A form as part of the application. The city planner may request additional information or studies of the applicant in order to make an environmental determination. (Ord. 495 § 1, 2005)

Except as otherwise provided by statute, all planning commission actions shall be performed by an affirmative vote of a majority of the members present. A quorum is required for any action except a decision to adjourn. (Ord. 495 § 1, 2005)

When a single project has to have both a conditional use permit and architecture and site approval, a combined application may be filed and the matter considered in a consolidated proceeding. (Ord. 495 § 1, 2005)

Hearings are required in the determination of the following matters:

A. Annexations.

B. Amendments to this title which change land from one zone to another or which create, abolish or alter a zone or the regulations of a zone which govern a land use.

C. Conditional use permits.

D. Variances.

E. Site and architecture permits where planning commission action is required.

F. Appeals, regardless of whether a hearing was required for the original determination.

G. Revocations or city-initiated modifications of any permit or approval, regardless of whether a hearing was required for the existing permit.

H. Applicant-initiated modification for any permit or approval when a hearing was required for the existing permit and where the city planner determines that the modification is significant.

I. Time extensions for any permit or approval when a hearing was required for the existing permit.

J. Demolition of a designated historic structure or structures in a historic district.

K. Whether to extend suspension of action on applications for demolition of a designated landmark. (Ord. 495 § 1, 2005)

Unless state law requires otherwise, notice of the time and place of a public hearing by the planning commission or by the city council shall be given in the following manner:

A. By publication of the notice at least one time, at least 15 calendar days before the hearing, in a newspaper of general circulation published in San Joaquin County and circulated in the City of Escalon; and

B. By publication of the notice at least one time, at least 15 calendar days before the hearing, on the city’s official website and social media sites.

C. By mailing the notice at least 20 calendar days before the public hearing, postage prepaid, to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll, or alternatively from such other records of the county or the tax collector as contain more recent addresses, in the opinion of the city planner, as owning real property within:

1. Six hundred feet of the property which is the subject of the following proposed zoning applications:

a. Conditional use permits.

b. Variances.

c. Appeals, regardless of whether a hearing was required for the original determination.

d. Revocations or city-initiated modifications of any permit or approval, regardless of whether a hearing was required for the existing permit.

e. Time extensions for any permit or approval when a hearing was required for the existing permit.

2. One thousand two hundred feet of the property which is the subject of the following proposed zoning applications:

a. Annexations.

b. Amendments to this title which change land from one zone to another or which create, abolish or alter a zone or the regulations of a zone which govern a land use.

c. Site and architecture permits where planning commission action is required.

d. Applicant-initiated modification for any permit or approval when a hearing was required for the existing permit and where the city planner determines that the modification is significant.

e. Demolition of a designated historic structure or structures in a historic district.

f. Whether to extend suspension of action on applications for demolition of a designated landmark.

3. For application types in subsections (C)(1)(c), (d) and (e) of this section, the radius of which the notice of public hearing was mailed on the original project application shall be the same used for the new application.

D. By the posting of an on-site planning application notice sign board at least 30 calendar days prior to the public hearing, in accordance with the specifications handout provided by the city planner, for the following proposed zoning applications:

1. Annexations.

2. Amendments to this title which change land from one zone to another or which create, abolish or alter a zone or the regulations of a zone which govern a land use.

3. Site and architecture permits where planning commission action is required.

4. Applicant-initiated modification for any permit or approval when a hearing was required for the existing permit and where the city planner determines that the modification is significant.

5. Demolition of a designated historic structure or structures in a historic district.

6. Whether to extend suspension of action on applications for demolition of a designated landmark.

7. For application types in subsections (C)(1)(c), (d) and (e) of this section, if an on-site planning application notice sign board was required for the original project application then one shall also be required for the new application. (Ord. 587 § 3 (Exh. A), 2022; Ord. 495 § 1, 2005)

Any matter for determination by the planning commission may be placed on the planning commission’s meeting agenda as a separate item or as a consent item together with other matters, at the discretion of the city planner. At the request of any member of the planning commission, any consent item must be removed from the consent calendar and be considered as a separate item. At the request of any member of the audience, any consent item for which a noticed hearing is required must be removed, and any other consent item may be removed from the consent calendar and considered as a separate item. (Ord. 495 § 1, 2005)

An applicant may withdraw his/her application within 15 calendar days of submittal and receive a refund of any unexpended portion of the application fee. Any refund of application fees for an application withdrawn later than 15 calendar days after the date of submittal will be made at the discretion of the city council upon a written recommendation of the city planner. Only that portion of the fees that have not already been expended may be returned. (Ord. 495 § 1, 2005)

All approvals granted pursuant to this title, except those established by ordinance, shall expire if the permitted activity is not commenced within two years after approval, unless extended by the deciding body. An extension may be granted for up to two additional years if written application is submitted at least 60 days before the lapse of the original approval. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

Any site plan permit, use permit, variance, or temporary land permit granted in accordance with the provisions of this title may be revoked by action of the city council, or the deciding body, in the manner hereinafter set forth if the said permit or variance is exercised in violation of the conditions or the terms under which such permit or variance is granted, or if any one of the following findings are made:

A. In connection with site plan permits, use permits, and temporary land permits that the continuance of the use would be detrimental to the health, safety, morals, comfort, or general welfare of persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city;

B. In connection with variances, that continued relief from the strict application of the terms of this title would be detrimental to the health, safety, comfort or general welfare of persons residing or working in the neighborhood of the subject property, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city. (Ord. 495 § 1, 2005)

Before a deciding body considers the revocation of a site planning permit, use permit, variance, or temporary land permit, it shall hold a public hearing thereon, notice of which shall be served on the owner of the subject property at least 10 days prior to the date of the hearing, either personally or by registered or certified mail, with postage prepaid and return receipt requested. At the conclusion of the hearing the deciding body shall make findings of fact as to whether or not there is good cause for such revocation. If it finds that such good cause does exist, it may revoke or modify the permit or variance. (Ord. 495 § 1, 2005)

All hearings under this division may be continued from time to time. (Ord. 495 § 1, 2005)

Except in the case of hearings concerning the adoption of ordinances, where a hearing is required by this chapter, the body which renders the decision must make findings sufficient to bridge the analytic gap between the raw evidence and the decision. When a hearing concerns adoption of an ordinance, only those findings required by statute need be made. (Ord. 495 § 1, 2005)

A. To protect the general health and welfare of all citizens, the deciding body may enforce reasonable requirements when necessary or appropriate to ensure a development or use compatible to and harmonious with the particular neighborhood and the established uses therein.

B. To ensure that the provisions of this title are maintained, the deciding body may enforce requirements more stringent than the minimum zone requirements.

C. In granting approvals, time extension or modifications thereof, the deciding body may include such conditions as are reasonable and necessary under the circumstances to carry out the purpose of this title. Such conditions, without limiting the discretion and authority of the deciding body in this regard, may include site planning conditions, architectural conditions, landscape conditions, street dedication, street and drainage improvements, off-street parking conditions and outdoor advertising conditions. (Ord. 495 § 1, 2005)

Unless there is an appeal the effective date of approval is the date on which the deciding body votes on the motion or resolution of approval. When there is an appeal, the date of approval is the date of the administrative vote on the motion or resolution finally determining the appeal. (Ord. 495 § 1, 2005)

An approval is used if substantial construction work, including grading, specifically for the project is lawfully performed after the approval is granted, in reliance on the approval and in reliance on validly issued building permits. Or, when the project does not involve substantial construction work, an approval is acted on when the activity approved is commenced in a substantial, as distinguished from tentative or token, manner. (Ord. 495 § 1, 2005)

If after two years from the effective date of approval the activity for which an approval has been granted under the terms of this chapter (except an approval embodied in an ordinance) has never been established, or is discontinued for a period of one year, the approval lapses. (Ord. 495 § 1, 2005)

When any discretionary approval is required by this chapter, no building permit, certificate of use and occupancy, or any similar evidence of entitlement to build upon or use land in any manner shall issue until the approval is granted and the time for appeal has expired. (Ord. 495 § 1, 2005)

A. Renewal. All conditions of approval granted by the approving body shall continue under any time extension unless modified by the approving body at the time the extension is approved.

B. Transferability. Approvals shall not be affected by changes in ownership. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

The city clerk shall set hearings and give notices for appeals to be heard by the city council. (Ord. 495 § 1, 2005)

The city engineer/public works director shall:

A. Prescribe standards for driveway construction.

B. Prescribe standards for surfacing and draining of parking lots.

C. Determine correct traffic flow markings for parking lots. (Ord. 495 § 1, 2005)

The building official shall:

A. Determine estimated cost to replace nonconforming buildings.

B. Determine the value of destroyed nonconforming buildings.

C. Determine applications for exception from enclosure requirements for swimming pools.

D. Enforce all regulations regarding enclosure of swimming pools.

E. Determine when a structure poses an imminent safety hazard. (Ord. 495 § 1, 2005)

The police chief shall issue permits for signs in conjunction with issuance of special events permits. (Ord. 495 § 1, 2005)

The city manager shall hold administrative hearings or designate a hearing officer for such hearings as provided by this title. (Ord. 495 § 1, 2005)

The planning commission shall:

A. Initiate general plan amendments and specific plans.

B. Hear and make recommendations on all proposals for adoption and amendment of the general plan.

C. Hear and make recommendations on all proposals for adoption and amendment of specific plans.

D. Initiate zone changes and amendments to this title, including those referred by the city council.

E. Hear and recommend proposals for zone changes and prezonings.

F. Determine whether to hear applications for rezoning made within one year of a similar application.

G. Determine variance applications.

H. Determine conditional use permit applications.

I. Determine applications for site and architecture approval except those items listed in EMC 17.52.080.

J. Determine time extension when it would have had the power to grant the original approval.

K. Determine matters referred to it by the city planner.

L. Hears appeals from decisions of the city planner.

M. Determine when permitted deviations from the standards of this title shall apply.

N. Perform any functions required by statute or ordinance but not specifically assigned by this chapter.

O. Determine whether a nonconforming use is no longer lawful.

P. Determine and issues zoning approval for minor subdivisions of land consisting of four lots or less.

Q. Determine whether enhanced signage is appropriate for properties with unique characteristics as illustrated in EMC 17.42.060(E).

R. Determine modifications to the number of parking spaces required in a specific project when such modification can be permitted under this title.

S. Determine when alternating use of parking spaces can be permitted.

T. Determine whether a specific plan for development is required for parcels less than five acres in size.

U. Determine modification to the number of parking spaces required in a specific development project where provided for by this title.

V. Determine alternative use of parking spaces.

W. Be the deciding body for approval of accessory buildings with area greater than 450 square feet. (Ord. 495 § 1, 2005)

The city council shall:

A. Initiate and refer general plan amendments and specific plans or amendments proposed by the council to the planning commission for recommendation.

B. Hear and determine planning commission recommendations for the adoption or amendment of the general plan or any specific plans.

C. Adopt ordinances.

D. Refer substantive changes and amendments of this title to the planning commission for their recommendation.

E. Hear appeals from the decisions of the planning commission.

F. Determine applications for permits for signs on public property, including but not limited to community-oriented bulletin boards and kiosks. (Ord. 495 § 1, 2005)

The city planner shall:

A. Prescribe all forms and contents of applications.

B. Keep all records of the planning commission, city planner and planning department work, except records transmitted to the city council and retained by the city clerk.

C. Investigate applications.

D. Give all notices except notices of proceedings of the city council.

E. Prepare planning commission agendas, set planning commission hearing dates (subject to the requirements of this chapter) and establish filing deadlines.

F. Issue permits for site and architecture approval and home occupations as provided for by this title.

G. Determine revocations or modifications of site plan approvals, and home occupation permits.

H. Refer any matter assigned by ordinance to the planning commission for decision.

I. Determine applications for sign approval when action is not required of the council or planning commission.

J. Determine applications for site and architecture approval where such application is for any of the following:

1. Expansion of a building of less than 25 percent of floor area.

2. Minor exterior alterations of a nonresidential building that utilize exterior materials consistent with that existing.

3. Where there will be no material change in the use or character of a building or site.

K. Determine where action is based on an application or notice of appeal, prepare a written notification of all determinations, except determinations by the council, and send the notifications to all applicants and appellants.

L. Prepare and send notifications required by statute to the county assessor.

M. Notify applicants of hearings.

N. Correct the zoning map.

O. Determine parking requirements for uses whose parking requirements are not specified.

P. Determine whether an intensification of land use has occurred.

Q. Assist in the writing of ordinances.

R. Determine whether lots have merged.

S. Prepare written staff reports on project applications or other matters as required by this chapter or as directed by the city manager.

T. Make presentations to the planning commission, city council and other groups as required.

U. Determine the reduction of driveway widths for a portion of a driveway.

V. Be the deciding body for the design of manufactured housing units.

W. Review applications for construction permits for ordinance compliance.

X. Determine whether a specific plan for development is required for parcels less than five acres in size.

Y. Determine when front yard fences for existing residential uses in a nonresidential zone can be built as high as six feet. (Ord. 495 § 1, 2005)

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, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. The process for addressing reasonable accommodation requests established by this chapter applies to requests from persons defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).

A request for reasonable accommodation may include a modification or exception to the permit requirements, standards, and practices for the siting, development, improvement, 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. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter. (Ord. 557 § 1 (Att. A), 2016)

A. Requests for reasonable accommodation shall include the following information:

1. The applicant’s name, address, and telephone number.

2. Address of the property for which the request is being made.

3. The current actual use of the property.

4. The basis for the claim that the individual is considered disabled under the Acts.

5. The municipal code provision, land use code provision, or other regulation or policy from which reasonable accommodation is being requested.

6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. (Ord. 557 § 1 (Att. A), 2016)

A. Development Services Manager. Requests for reasonable accommodation shall be reviewed by the development services manager (manager), or his or her designee if no approval is sought other than the request for reasonable accommodation.

B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. (Ord. 557 § 1 (Att. A), 2016)

A. Manager Review. The manager, or his or her designee, shall make a written determination within 30 calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation.

B. Other Reviewing Authority. The written determination on whether to grant 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. (Ord. 557 § 1 (Att. A), 2016)

A. Findings and Decision. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a 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 and zoning.

5. Potential impact on surrounding uses.

6. Physical attributes of the property and structures.

7. Alternative reasonable accommodations which may provide an equivalent level of benefit.

B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the above findings. (Ord. 557 § 1 (Att. A), 2016)

A. The site and architecture approval process is intended to protect the integrity and character of the residential, commercial, and industrial areas of the city and to provide the city with the opportunity to review detailed plans and establish alternative site development standards. Achievement of the following goals is important in order to maintain the economic welfare and stability of the city and to preserve the health, safety and welfare of its citizens:

1. Quality design and proper siting of structures, complementing the city environment; and

2. Preservation of open spaces in the form of landscaped building setbacks, recreational areas, malls, plazas and pedestrian areas.

B. The city contains small business, professional offices and residences. Municipal revenues derive principally from property tax and taxes derived from retail trade. Local employment depends on trade in specialty items sold to visitors. Much of the business and residential area of the city is composed of a mixture of old and new buildings, and the condition and style of each reflects on the other. For example, a new building loses value and its occupant’s trade is diminished if an old building nearby is permitted to decay, and old buildings are permitted to decay when the designs of new buildings nearby do not compliment them. The juxtaposition of old and new buildings in the city is extensive.

C. The purpose of site and architecture approval is to regulate the height, width, shape, proportion, siting, exterior construction and design of buildings to ensure that they are architecturally compatible with their surroundings, and to avoid (in the commercial context) the construction of single-purpose or single-proprietor “trademark” buildings which, when vacated by the original occupant, tend to remain empty, causing blight, and to promote a unified but diverse and distinctive theme which harmonizes with adjacent development. (Ord. 495 § 1, 2005)

Site and architecture approval is required in all zoning districts for the following:

A. New construction of any principal building, except single-family dwellings unless the review of plans for the single-family dwelling is required as part of another approval process;

B. Exterior alteration or addition to a building (other than single-family and two-family dwellings and minor exterior alterations);

C. Intensification of land use;

D. Residential conversions;

E. Any development in a floodplain;

F. As otherwise specified in this chapter.

For the purposes of this section only, “intensification of land use” means the addition of more than 25 percent of existing floor area to a site, and all changes in use which require more parking and/or result in an increase in peak hour trips of five or more as determined by the city engineer.

In granting a site and architecture approval, the deciding body shall have the authority to approve, approve conditionally, or deny such application. (Ord. 495 § 1, 2005)

A. The city planner shall have the authority to render interpretations as deemed necessary in order to clarify the application of and to carry out the provisions of this chapter. Such interpretations shall be in conformity with the purpose of this chapter. The city planner shall reserve the right to refer any decision on the application to the planning commission which, in his/her judgment, would better serve the public’s interest or if the application raises substantial land use issues or general plan considerations.

B. Where the city planner is the deciding body for site and architecture approvals or for minor modifications to previous approvals, such approvals shall be based upon the following determinations: that there is no intensification of use, a conditional use permit is not required and the approval will comply with the purposes of the provisions of this chapter and the Escalon general plan.

C. No building permit, certificate of occupancy or business license shall be issued until architecture and site plan review has been completed by the city planner. (Ord. 495 § 1, 2005)

Prior to issuance of a site and architecture approval, the city planner shall determine that the application complies with the following to the extent that they are relevant to the particular use:

A. The use or activity is an allowed use within the zoning district of the proposed project site.

B. The site plan is consistent with provisions set forth in this chapter, the Escalon general plan, and other plans and policies adopted by the Escalon city council.

C. Building Architecture.

1. Building architecture promotes variety through the use of scale, bulk, and building height, and features such as facades, projections, offsets, roofs, and overhangs, are an integral part of the design;

2. Building architecture makes generous use of a variety of building materials, color and texture;

3. Building architecture follows a design theme which unifies a group of related buildings while allowing for distinctive features which make similar uses recognizable from each other; and

4. Building architecture is consistent with plans and policies adopted by the Escalon city council.

D. Site Design.

1. Site plan elements, e.g., buildings, circulation and open spaces, are arranged on the site so that activities are integrated and harmonious with the neighborhood and surrounding area and are arranged to produce an attractive, efficient and cohesive development of sustained desirability;

2. Consider existing natural topography, natural watercourses and exposure to wind;

3. The site’s design and building arrangement provides for the greatest opportunity for solar access;

4. The project is designed to maximize the opportunity for privacy by the residents of the project and adjacent residential development;

5. The design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the project and surrounding area;

6. Driveway and parking systems provide smooth, safe, and convenient movement of vehicles, both on and off the site;

7. Contribute to the overall aesthetic quality of the site;

8. Adequate and conveniently located parking is provided and designed in a manner that discourages on-street parking;

9. Transit turnouts, shelters, landscape features, bicycle racks, shopping cart storage areas, newspaper racks, recycling facilities, and trash areas are conveniently located and designed so as not to interfere with the flow of traffic and safety of vehicles and pedestrians;

10. There is adequate space for loading and unloading of persons, materials and goods;

11. The pedestrian circulation system is designed to assure that pedestrians can move safely and easily both on the site and between properties and activities within the neighborhood;

12. Incorporates design features to enhance convenience and safety across parking lots and driveways;

13. Outdoor lighting is provided which promotes pedestrian and vehicle safety and crime prevention and is confined to the site;

14. Recreational areas are accessible to the residential units they are intended to serve;

15. Signs complement the architectural theme of buildings, are an integral part of a site design, and are consistent with provisions set forth in this title;

16. The site design contributes to speedy access to all buildings for fire, medical and police response; and

17. The site design incorporates provisions for barrier-free access for the handicapped. (Ord. 495 § 1, 2005)

A. Renewal. A site and architecture approval shall not be renewed more than once.

B. Transferability. A site and architecture approval shall not be affected by changes in ownership. (Ord. 495 § 1, 2005)

The temporary use of land permits allow uses conducted on an intermittent or short-term basis. A temporary use of land permit, valid for a limited period of time not exceeding 60 days, may be issued as provided in this chapter for such temporary uses as temporary offices, construction yards (not located on the property where construction is taking place), parking lots, circuses or carnivals, parking lot sales, special exhibits and displays, and sales of seasonal merchandise (Christmas trees, pumpkins, fireworks, etc.). A temporary use need not be listed as a permitted use in the zoning district in which it is located. In granting a temporary use of land permit, such conditions may be imposed as are deemed necessary to secure the purposes of this chapter, and tangible guarantees may be required to ensure that the conditions so imposed will be complied with. The provisions of this chapter are not exclusive and are not intended to replace or supplant existing provisions of this code concerning specified temporary permitted uses (e.g., garage sales, vendors, or peddlers licenses). In instances in which the provisions of this chapter conflict with existing code provisions, the more specific provision(s) shall be enforced. (Ord. 495 § 1, 2005)

Temporary uses of land shall be prohibited in the R districts, except as follows:

A. The principal permitted use of the property is nonresidential and the procedure set forth in EMC 17.55.030 through 17.55.070, inclusive, herein is followed.

B. The use is permitted by other provisions of this chapter or this code (examples: home occupations, temporary tract offices, garage sales).

C. A contractor's yard is needed in conjunction with the installation of nearby public improvements, subject to the procedures set forth in EMC 17.55.030 through 17.55.070, inclusive. (Ord. 495 § 1, 2005)

Any person may apply to the city planner, in writing, for approval of a temporary use of land permit not less than 15 days before the use is intended to begin. (Ord. 495 § 1, 2005)

Any temporary use of land must be approved, in writing, by the city planner before such use commences. Upon receipt of an application for a temporary use of land permit, the city planner may approve, conditionally approve, or disapprove any application for such use. The city planner may require a conditional use permit, as provided in this title, for the approval of a temporary use of land where the city planner finds that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. A conditional use permit must be required for those uses which would require a conditional use permit under other provisions of this title. (Ord. 495 § 1, 2005)

The city planner may approve an application for temporary use of land for a period not to exceed 60 days only upon making all of the following findings:

A. The proposed use will not adversely affect adjacent structures and uses of the surrounding neighborhood;

B. The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;

C. The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;

D. The proposed use will not conflict with the terms or purpose of any other use permit, of any type, currently in effect on the property; and

E. The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community. (Ord. 495 § 1, 2005)

The city planner may not approve an application for temporary use of land until the applicant and property owners have certified, in writing, that:

A. The use will be limited to the dates and time (or period of time), nature and extent prescribed by the city planner.

B. All work, including electrical and plumbing, will conform to all requirements of applicable codes.

C. All provisions of fire protection and fire vehicle access will be made as prescribed by the fire chief.

D. Signing will be limited to that provided for by Chapter 17.42 EMC.

E. The site will be continuously maintained free of weeds, litter, and debris.

F. Within three days after removal of the temporary use, the site will be completely cleaned, and all trash, debris, signs, and sign supports, and temporary electrical service will be removed.

G. All additional limitations imposed by the city planner as conditions of approval will be met. (Ord. 495 § 1, 2005)

Not less than 15 days before the initial approval expires, the city planner may consider an application for an extension of a temporary use of land for an additional period not exceeding 30 days. The city planner may approve only one extension. Such application shall be subject to all foregoing provisions of this section. (Ord. 495 § 1, 2005)

A use permit is intended to allow certain land uses, identified in this title, which have characteristics that may render them appropriate to some sites and situations, but not to others. They are subject to the following regulations. (Ord. 495 § 1, 2005)

Upon application, the planning commission may approve, approve with conditions, or disapprove a use permit. The planning commission may impose such reasonable conditions as it deems appropriate, including but not limited to issues such as duration of activities, and dedications or improvements of public facilities, site, structure and landscaping features and design related to the findings specified below. In the event that the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) applicable to the use permit application cannot be satisfied within the time a decision on said application must be made in accordance with the Permit Streamlining Act, and the applicant fails to consent to a continuance, the application shall be deemed denied by operation of law as of the date that the decision thereon would otherwise have had to be made hereunder. (Ord. 495 § 1, 2005)

The following findings are required for a use permit and must be based on substantial evidence in view of the whole record:

A. That the use is necessary or desirable in relation to the purposes of the Escalon general plan, this title, and the economic, social and environmental status of the city;

B. That the use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc.; and

C. That the use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the city and its residents. (Ord. 495 § 1, 2005)

Variances are intended to resolve practical difficulties or unusual physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from street locations or traffic conditions in the immediate vicinity of the site, or if the strict application of this title will deprive such property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Such a variance shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute the grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Upon application in proper form, such variances may be granted as will not be contrary to the general purpose of this title or the public interest. (Ord. 495 § 1, 2005)

Upon application, the planning commission shall hear and approve, approve with conditions, or disapprove a variance. The planning commission may impose such reasonable conditions as it finds necessary to meet the interests of this title and the special circumstances of the case. (Ord. 495 § 1, 2005)

The following findings are required for a variance:

A. That there are special circumstances applicable to the subject property, or to the intended case, which do not generally apply to other property in the same vicinity and under identical zone classifications;

B. That the special circumstances relate to the property or use, not the financial or other personal condition of the applicant, nor to any self-imposed condition on the property that is the result of actions taken by the present owner or his predecessor;

C. That the granting of a variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and same zone classification;

D. That the result would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (Ord. 495 § 1, 2005)

This section lists procedures that govern city compliance with the California Environmental Quality Act (CEQA). (Ord. 495 § 1, 2005)

A. In initial discussions with the applicant, the city planner shall determine whether a proposal is a project, as defined by the CEQA guidelines. If a proposal is determined to be a project, an environmental assessment questionnaire shall be completed by the applicant, accompanied by the appropriate fee, and submitted with the general application materials.

B. Within 60 days following the submittal deadline, the city planner shall determine whether a negative declaration (ND) shall be posted, or a draft environmental impact report (EIR) prepared. This determination shall constitute the initial study, and shall include consultation of affected agencies and completion of the initial study form.

C. If it is determined that no significant effect will result, an ND shall be prepared for hearing and notice provided as required by state guidelines.

D. If it is determined that there may be significant impacts, the application shall be removed from the planning process, to be resubmitted when a draft EIR is prepared.

E. If the ND is approved by the planning commission or city council, a notice of determination shall be filed with the county clerk. The planning commission shall approve an ND where it has final authority for a project, otherwise it shall be approved by the council.

F. The city may contract for performance of the EIR, initial study, ND, or any other required environmental documents or prepare it in-house. The city planner shall contract with a person or firm competent in environmental review and application of current law, practice and EIR preparation. Such person may be suggested by an applicant, or selected from among those interested in work with Escalon, and who have shown ability to perform adequately. They shall be demonstrably independent from the applicant. The applicant shall provide 100 percent of the estimate of cost in advance, to be paid to the contractor upon completion of work. Scope of the draft shall be determined by the city planner on the basis of the initial study. The city planner shall have the ultimate responsibility for the completion and objectivity of such work and shall take whatever measures necessary to ensure this takes place. Notices of preparation shall be mailed no later than 30 days before the application deadline for general application materials and mailing of the draft EIR for review. The notice shall incorporate the initial study.

G. Upon submittal of the draft EIR, the city shall file a notice of completion with the California Resources Agency. Notice of the draft EIR shall be sent to affected agencies with a copy of the draft EIR within two days, allowing for a 30-day review period prior to the public hearing which shall be held on the matter. Hearing notice to the public and affected property owners shall be sent within 12 days. The city planner shall prepare a complete commentary and critique to accompany the draft EIR at the public hearing. Where a project has statewide, regional or areawide significance, the 30-day review period allowed in this subsection shall be increased to 45 days by hearing the draft EIR at a later planning commission meeting.

H. Where a draft EIR is certified and adopted by the decision-making body, it shall either be approved by the planning commission, or forwarded with associated planning actions where council certification and adoption is required.

I. Following planning commission or city council approval of a draft EIR, a notice of completion and a copy of the draft shall be mailed to the county clerk and the California Resources Agency.

J. No project may commence by issuance of building permits, nor any amending ordinance be passed, until a final EIR has been certified and adopted by the planning commission or city council, where required.

K. Following approval of the final EIR, a notice of determination shall be sent to the county clerk.

L. A copy of all documents related to the EIR process shall be available for public inspection in the planning department at City Hall.

M. All agencies having regulatory authority in relation to the project, plus all agencies and persons found to have a concern or involvement in the project, shall be sent all notices and documents during the process noted above.

N. Applicants may appeal the decision rendered in subsection D of this section to the planning commission.

O. The state EIR guidelines are hereby adopted in their entirety for use in matters subject to CEQA. (Ord. 495 § 1, 2005)

Pursuant to Section 15022 of CEQA, and except as otherwise described in this section, CEQA guidelines and procedures are hereby adopted by reference. (Ord. 495 § 1, 2005)

Any person disagreeing with a decision made by the city planner or planning commission involving the application of this title may appeal the decision to the planning commission or city council as appropriate. Whenever provision for an appeal is made in this title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply. (Ord. 495 § 1, 2005)

A member of the city council may appeal an action of either the city planner or planning commission. If an appeal is made by a councilmember, there shall be a presumption applied that the reason for the appeal is because the appealed action has significant and material effects on the quality of life in the City of Escalon. The basis of the appeal need not be stated in the councilmember's written appeal. No inference of bias shall be raised by virtue of such an appeal, and the appealing councilmember may participate and vote on the appealed matter if not otherwise disqualified. (Ord. 495 § 1, 2005)

An appeal will be valid only if a notice of appeal is filed with the planning commission or city council as appropriate within 10 business days from the date of the action or administration decision appealed. (Ord. 495 § 1, 2005)

Every notice of appeal shall be in writing and shall be filed in duplicate with the city council or planning commission and the city planner. (Ord. 495 § 1, 2005)

Every person filing an appeal shall pay the city such fee as shall be established, and from time to time may be amended, by resolution of the city council. (Ord. 495 § 1, 2005)

Upon receipt of a timely filed notice of appeal, the city planner shall transmit a copy of all documents constituting the record upon which the appealed action or decision was taken to the appeal body. (Ord. 495 § 1, 2005)

The filing of an appeal shall wholly vacate the action or decision of the city planner or planning commission as appropriate, and all proceedings shall be stayed. (Ord. 495 § 1, 2005)

The planning commission shall hear and decide appeals from any action of the city planner and may affirm or reverse the action, in whole or in part. The hearing process for such appeals shall be the same as for appeals to the city council as described in this chapter. The planning commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper. (Ord. 495 § 1, 2005)

The city council shall hear and decide appeals from any action of the planning commission and may affirm or reverse the action, in whole or in part. The city council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper. (Ord. 495 § 1, 2005)

Any appeal not brought to hearing within a period of 90 days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the deciding body approves a later hearing date in public session. (Ord. 495 § 1, 2005)

Whenever a hearing is held by a deciding body in accordance with the provision of this chapter, the regulations hereinafter set forth shall govern unless otherwise provided. (Ord. 495 § 1, 2005)

The date for any public hearing required by this chapter shall be held within a reasonable time but not in excess of 30 days after receipt of the application and all necessary documents pertaining hereto. The appellant shall be notified, in writing, of the date and place of any such hearing. (Ord. 495 § 1, 2005)

Notice of time, place, and purpose of any hearing held in accordance with the provisions of this chapter shall, unless otherwise provided, be given by publishing in a newspaper of general circulation in the city at least five days prior to such hearing. For hearings directly relating to an identifiable property or area, notice shall also be given by posting at least three public notices thereof at least five days prior to such hearing on the property and within 300 feet along streets upon which the subject property abuts and by mailing notice at least five days prior to the date of hearing to the owners of property within 300 feet along the streets upon which the subject property abuts, using for this purpose the names and addresses which appear on the last equalized assessment roll for taxes. No proceeding in connection with the hearing shall be invalidated by failure to send such notices where the address of the owner is not a matter of public record or to post public notices or by the failure of any of the aforesaid individuals to receive any notice. (Ord. 495 § 1, 2005)

This title may be amended by ordinance whenever the public necessity, convenience or general welfare requires. Any proposed amendment which changes property from one zone to another or imposes any zoning regulation not previously imposed or which removes or modifies any such regulation therefor imposed, as set forth in Government Code Section 65850, must be adopted in accordance with the procedure set forth in Government Code Sections 65854 through 65857, as summarized in the following sections. Any other amendment to this title may be adopted in the same manner as other ordinance amendments. (Ord. 495 § 1, 2005)

An amendment may be initiated by direction of the city council or planning commission, or by petition of one or more interested property owners, accompanied by a filing fee as specified by the city council. When an amendment is initiated by petition, said petition shall be verified by at least one owner of property within the area to be impacted by the proposed amendment, or by an authorized agent thereof attesting to the truth and correctness of the information contained therein. (Ord. 495 § 1, 2005)

For proposed amendments requiring special hearing procedures pursuant to Government Code Sections 65853 through 65855, the planning commission, not later than at its next succeeding meeting following initiation of a proposed amendment in the manner set forth in EMC 17.60.020, shall set the times and places for such public hearings thereon as may be required by law, and shall give notice of such hearings as may be required by law. In addition to the notice required by law, as set forth in Government Code Sections 65090 and 65091, the planning commission may give notice of the hearings in any other manner it deems necessary or desirable. (Ord. 495 § 1, 2005)

Following the aforesaid hearings, the planning commission shall make a report of its findings and recommendations in the form of resolution and meeting minutes with respect to the proposed amendment. The commission shall file with the city council a copy of such of such report within 90 days after a recommendation is made by the commission. Such time limits may by extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the commission to report within 90 days without the aforesaid agreement shall be deemed to be a recommendation of approval of the proposed amendment by the planning commission. (Ord. 495 § 1, 2005)

Upon receipt of such report from the planning commission, or upon the expiration of such 90 days aforesaid, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, given as provided by law. After the conclusion of such hearing, the city council may adopt the amendment or any part thereof set forth in the petition in such form as the city council may deem to be advisable. (Ord. 495 § 1, 2005)

The decision of the city council shall be rendered within 60 days after the receipt of a report and recommendations from the planning commission or after the expiration of such 90 days as aforesaid. (Ord. 495 § 1, 2005)

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the planning commission or city council. (Ord. 495 § 1, 2005)

Owners of parcels of five or more acres are required to submit a specific plan for the ultimate development of the parcels and gain approval of said plan prior to annexation to the City of Escalon. Specific plans for development of property less than five acres in size may be required at the discretion of the planning director or planning commission. A preliminary development plan submitted as part of a specific planned development application may be accepted in lieu of a specific plan as may be determined by the planning commission. (Ord. 495 § 1, 2005)

As a condition of approval for any annexation to the city of five or more acres, the applicant shall enter into a development agreement with the city. For annexations to the city of fewer than five acres, the city may, in the discretion of the city manager or his or her designee, require the applicant to enter into a development agreement with the city. All development agreements entered into pursuant to this chapter shall comply with the city's procedures and requirements for considering development agreements, then in effect, and with Government Code Section 65864, et seq., as amended.

In the event the city council determines to annex territory for which development is not yet proposed or is proposed at some future date, such annexation shall be contingent on the property owners and any persons with financial interest in the subject property entering into a written annexation agreement with the city which provides that, before any development or other benefit is realized, a development agreement must be approved by the city council. The annexation agreement shall be recorded against the property as a condition of annexation. (Ord. 495 § 1, 2005)

Whenever any land is proposed for annexation to the city, the map of such land, which accompanies the proposal, shall include proposed precise zoning of all such land. Prior to annexation of any property to the city, the property shall be prezoned to a district that is compatible with the general plan designation of the property. This prezoning shall be processed pursuant to the requirements of this title. It is recognized that, prior to the ultimate development of the area, a planned development ordinance may replace the ordinance adopted to prezone the property for annexation. (Ord. 495 § 1, 2005)

The city council, upon recommendation of the planning commission, may grant annexation into the city if the council finds that granting of such annexation will not adversely affect properties in the vicinity and will not be contrary to the public interest, and that the proposed land use and overall development plan is consistent with the approved specific plan and development agreement. (Ord. 495 § 1, 2005)