The purpose/intent of this article is to outline procedures together with various land use permit options, in addition to providing for amendments to the general plan, the zoning map and this ordinance.

Table IV-1 (Threshold of Review) identifies the full range of land use permit options and applicable review authority.

TABLE IV-1
THRESHOLD OF REVIEW

¹ The director may refer any entitlement application to the commission for final determination.

² Subject to design review procedures (Subsection 6.04.6620) when alteration/construction is involved.

³ Commission recommends to council for final determination.

⁴ Following approval by the council, the final map shall be filed with the department.

An applicant for a development project, which requires the filing of more than one land use permit application, shall file all related permits concurrently, unless waived by the director, and submit appropriate processing deposits/fees in compliance with Section 6.04.78 (Applications and fees).

Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the highest level of review authority, in compliance with Table IV-1 (Threshold of Review). For example, a project requiring a development permit (i.e., 4 dwelling units) and tentative parcel map shall be determined by the commission, while a project requiring a development permit, tentative tract map, and general plan amendment shall ultimately be determined by the council.

A prospective applicant is encouraged to request a pre-application conference with the department prior to submittal of a single land use permit application. This conference is required for development projects involving multiple permit applications.

This conference should take place prior to any substantial investment (i.e., land acquisition, site, engineering and construction plans, etc.) in the preparation of the proposed development project application. During the conference, the department representative(s) shall inform the applicant of applicable general plan policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures outlined in this ordinance, and examine possible alternatives or modifications relating to the proposed project. Preliminary evaluation of environmental issues shall be addressed and potential technical studies relating to future environmental review should be identified.

Neither pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval/disapproval by the department representative(s). A fee may be imposed for the pre-application conference in compliance with the city's "Schedule of Fees".

To ensure that any initiation or re-establishment of a legally permitted use within a legally established (or a legal nonconforming) structure shall comply with all applicable provisions of the Municipal Code.

No vacant, altered, repaired or hereafter erected structure shall be occupied, or no change in use of land or structure(s) shall be inaugurated until an occupancy clearance has been issued by the department. An application for the clearance shall be filed with the department in compliance with Section 6.04.78 (Applications and fees).

1.

A clearance for a structure which is to be remodeled or erected shall be filed at least fourteen days prior to the intended occupancy;

2.

A clearance for the use of vacant non-residential land or structure(s) shall be filed at least fourteen days prior to the intended use inauguration;

3.

A clearance for a change of ownership of an existing non-residential structure/use shall be filed prior to reuse/reopening under the new ownership;

4.

In order to provide for an expeditious permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (i.e., natural disaster, civil disobedience, etc.), as determined by the council, an "Emergency Building Permit/Occupancy Clearance" may be issued by the appropriate departments with adequate deposits/security required by subsection "5"; and

5.

A temporary occupancy clearance may be issued by the department permitting almost "immediate" use of the structure(s), subject to the conditions imposed on the use, provided that a deposit/security is filed with the department prior to the issuance of the temporary clearance. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use. The form of the deposit/security shall be subject to the approval of the director. The deposit/security shall be processed for return to the depositor within ten days following a determination by the Director that all of the terms, conditions and performance standards have been met and permanent occupancy granted.

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78  Applications and fees.

2.

Section 6.04.80  Hearings and appeals.

To allow for the conduct of home occupations which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant of the dwelling.

The conduct of a home occupation requires the approval of the director who may establish conditions to further the purpose/intent of this section. An application for a home occupation permit shall be filed with the Department in compliance with Section 6.04.78 (Applications and fees).

Home occupations shall comply with all of the following operating standards:

1.

The home occupation shall not alter the appearance of the residence;

2.

No home occupation shall be initiated until a current business license is obtained in compliance with Chapter 7.04 of the Municipal Code;

3.

No displays, sale or distribution of merchandise on the premises, or advertising signs on or off the premises;

4.

No signs other than the address and name of the resident;

5.

No advertising which identifies the home occupation by street address;

6.

The home occupation shall be confined completely to one room located within the residence. No portion of any carport or other accessory structure shall be used for home occupation purposes, with the exception that garage area in excess of Ordinance requirements may be used for this purpose;

7.

Only one vehicle no larger than a one ton truck may be used by the occupant directly or indirectly in connection with a home occupation;

8.

No encroachments into any required parking, setback or open space areas. No home occupation activities may occur out-of-doors;

9.

No use of mechanical equipment unless determined to be similar to a normal household or hobby use;

10.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed typical residential usage;

11.

No use shall create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials or vibration that can or may be considered a hazard/nuisance;

12.

Only the occupants of the residence may be engaged in the home occupation;

13.

No use of commercial vehicles, larger than 2-ton capacity, for delivery of materials to or from the premises;

14.

No creation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the zoning district in which it is .....located;

15.

A home occupation permit shall not be transferable;

16.

No more than two home occupations in any dwelling unit;

17.

For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit;

18.

Any special condition(s) established by the director and made part of the record of the home occupation permit, as deemed necessary to carry out the purpose/intent of this section; and

19.

All pre-existing home occupations shall conform with all applicable ordinance requirements upon renewal of the annual city business license.

The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in non-residential zones and are therefore prohibited:

1.

Adult business;

2.

Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

3.

Carpentry and cabinet making;

4.

Dance club/night club;

5.

Fortune telling (psychic);

6.

Massage parlor;

7.

Medical and dental offices, clinics, and laboratories;

8.

Mini-storage;

9.

Plant nursery;

10.

Vehicle repair (body or mechanical), upholstery, automobile detailing (i.e., washing, waxing, etc.) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location);

11.

Welding and machining; and

12.

Any other use determined by the director not to be incidental to or compatible with residential activities.

Home occupation permits are valid for one year only. Permit holders shall apply for and receive a renewal prior to expiration if they wish to continue the home occupation. Director approval may only be granted upon demonstration of satisfactory compliance with the above listed standards.

The director may revoke or modify a home occupation permit in compliance with Section 6.04.84 (Revocations).

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78  Applications and fees.

2.

Section 6.04.80  Hearings and appeals.

3.

Section 6.04.84  Revocations.

To ensure that any structures moved into, within or out of the city shall comply with all applicable provisions of the Municipal Code.

No structure(s) shall be moved into, within or out of the city until a structure relocation permit has been issued by the department. An application for the permit shall be filed with the department in compliance with Section 6.04.78 (Applications and fees).

The director may approve and/or modify a structure relocation permit, with or without conditions, only if all of the following findings are made:

1.

The condition of the structure is not considered to be dangerous or hazardous and any desired/needed repair would be justifiable;

2.

The structure would be compatible with its proposed surroundings; and

3.

The structure relocation Permit is in full compliance with Chapter 5.05 of the Municipal Code.

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

Editor's note— Sec. 3 of Ord. No. 19-920, adopted Nov. 12, 2019, amended §§ 6.04.58—6.04.5835, in their entirety to read as herein set out. Former §§ 6.04.58—6.04.5835, pertained to similar subject matter, and derived from Ord. No. 18-891, adopted July 10, 2018.

To allow commercial uses to obtain a permit to temporarily operate as a "pop-up" business in the city.

(Ord. No. 19-920, § 3, 11-12-2019)

"Pop-up" businesses may be temporarily permitted pursuant to a temporary use permit in accordance with the requirements of this section.

1.

Zoning. "Pop-up" businesses shall only be allowed in the commercial highway, central business district, commercial neighborhood, manufacturing/industrial and business park zones of the city.

2.

Permissible Uses. Any use which is considered a permitted use or a use allowed pursuant to a development permit, as designated by a "P" or "D" respectively in the land use matrix for the zones in which a "pop-up" business is allowed, may be allowed as a "pop-up business" under this section.

3.

Limitation on Duration. A temporary use permit for a "pop-up" business uses under this section may be issued for up to forty-five days and renewed once, for a total operating period not to exceed ninety days, with no extensions. However, if the business submits a business license application for a permanent license before expiration of the last day of its permitted operation of the pop up business, the business will be allowed to continue operating, up to one hundred twenty additional days, if the business continues to pursue the permanent business license diligently, as determined in the sole discretion of the community development director. A temporary use permit for the same use may not be issued more than once per calendar year.

4.

Compliance with Building and Fire Code Requirements. The "pop-up" business shall meet the most current requirements of the California Building Code and Fire Code requirements, as those codes are adopted and amended through Fillmore Municipal Code Chapter 5.04. For "pop-up" businesses located within a building or structure, the building or structure must meet current California Building Code and Fire Code requirements. The "pop-up" business must have an approved certificate of occupancy or temporary certificate of occupancy.

5.

Uses Not Permitted as a "pop-up" Business. The following uses and activities may not be permitted as or associated with a "pop-up" business under this subsection:

(a)

The storage of hazardous materials; or

(b)

The inclusion of a portable toilet to serve the "pop-up" business, whether located inside or outside of the business.

(Ord. No. 19-920, § 3, 11-12-2019)

A temporary use permit for a pop-up business may be approved, modified, conditioned, or disapproved by the director. Decisions of the director may be appealed to the commission pursuant to section 6.04.80 (hearings and appeals). A permit application shall be filed in compliance with section 6.04.78 (application and fees).

(Ord. No. 19-920, § 3, 11-12-2019)

The director shall review each application for compliance with the findings required in section 6.04.6630 (development permits). Compliance with such criteria is required for the director to approve or conditionally approve a pop-up business.

(Ord. No. 19-920, § 3, 11-12-2019)

In approving an application for a pop-up business, the director shall impose conditions which are deemed essential to ensure that the use will be in full compliance with the findings required by section 6.04.6630 (development permits). These conditions may address any pertinent factors affecting the operation of the pop-up business, and may include, but are not limited to, the following:

1.

Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress) and public transportation, if applicable.

2.

Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash and vibration.

3.

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

4.

Provision for sanitary and medical facilities, as appropriate.

5.

Provision for solid, hazardous and toxic waste collection, recycling and/or disposal.

6.

Provision for police/security and safety measures, as appropriate.

7.

Regulation of signs.

8.

Regulation of operating hours and days.

9.

Submission of a performance bond or other security measures, satisfactory to the director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

10.

A requirement that the approval of the requested temporary use permit for "pop-up" business is contingent upon compliance with applicable provisions of the Municipal Code and successful approval of any/all required permits from any other department or governing agency.

11.

A requirement that the applicant sign an agreement in a form approved by the city attorney agreeing to indemnify, defend and hold harmless the City of Fillmore and its officers, employees and agents from any and all claims, demands, and causes of action in any way relating to or arising out of or in connection with the issuance of the permit including as a result of any activities undertaken or improvements constructed as part of the permit or because of the permit and releasing the City of Fillmore from all such claims, demands, and causes of action.

12.

Any other conditions which will ensure the operation of the proposed "pop-up" business in an orderly and efficient manner and in full compliance with the purpose/intent of this section.

(Ord. No. 19-920, § 3, 11-12-2019)

Each site occupied by a pop-up business 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 ordinance.

(Ord. No. 19-920, § 3, 11-12-2019)

A.

Every temporary use permit for "pop-up" business is subject to the city's right to revoke the same for any of the causes mentioned in this section. Any temporary use permit may be revoked by the planning and community development director for any of the following causes:

1.

Any fraud, misrepresentation, or false statement contained in the application;

2.

Any violation of this chapter or any ordinance of the city or any statute, law or regulation;

3.

Any violation of one or more of the conditions;

4.

That the authorized improvement/use is detrimental to the public health, safety or welfare or constitutes a nuisance.

B.

Whenever the planning and community development director has determined to revoke a permit pursuant to this section, the director shall suspend the permit, after giving written notice to the permit holder of not less than two business days, in person or by registered mail, postage prepaid, and addressed to the permit holder at the address specified in the permit application, of the suspension and proposed revocation, stating with specificity the reason therefor. However, the two-day notice shall not be required if the director determines there is a need to protect the public health, safety or welfare, in which event the permit may be suspended immediately.

C.

The permit holder may file with the city manager, within ten days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the city manager has rendered his or her decision, except in instances where the suspension is necessary to protect the public health, safety or welfare. The city manager shall hold a hearing within ten days after the filing of such hearing request.

D.

At the hearing, the city manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall tender a decision thereon within one business day after the hearing. The decision shall be communicated in writing to the permit holder within two business days thereafter, and shall state with specificity the reasons therefor. The city manager decision shall be final.

(Ord. No. 19-920, § 3, 11-12-2019)

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78, Applications and fees.

2.

Section 6.04.80, Hearings and appeals.

(Ord. No. 19-920, § 3, 11-12-2019)

To specify the method where minor modifications may be made to previously approved land use entitlements/permits, while ensuring that no additional adverse effects or substantial expansion of structure(s) (not to exceed ten percent or five thousand square feet) or use(s) will occur.

The minor modification of a "permit" requires the approval of the director, who may establish additional conditions to further the purpose/intent of this section. An application for the minor modification shall be filed with the department in compliance with section 6.04.78 (applications and fees). Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of a new/modified application and a subsequent hearing by the appropriate review authority.

The director may grant a minor modification to a "permit", up to a maximum of ten percent or five thousand square feet, whichever is less, of the following standards, which would not result in a reduction from any minimum standard outlined in this ordinance:

1.

On-site circulation and parking, loading and landscaping;

2.

Placement, size and/or height of walls, fences and structures;

3.

Reconfiguration of architectural features and/or modification of finished colors, that do not alter or compromise the previously approved design; and

4.

A reduction/expansion in density/intensity of a development project.

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78, Applications and fees.

2.

Section 6.04.80, Hearings and appeals.

To ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of this ordinance denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which will ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

An application for a minor variance shall be filed in compliance with Section 6.04.78 (Applications and fees).

The director may grant a minor variance, up to a maximum of twenty-five percent of the standards being modified, for only the following:

1.

Distance between structures;

2.

Parcel dimensions (not area);

3.

Setbacks;

4.

Structure height;

5.

On-site parking, loading, lighting, and landscaping; or

6.

Signs.

Any minor variance request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application in compliance with Section 6.04.64.

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the director. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the director.

Upon receipt in proper form of a minor variance application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

Following a public hearing, the director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The director may approve and/or modify an application in whole or in part, with conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this ordinance denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

2.

That granting the minor variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;

3.

That granting the minor variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

4.

That granting the minor variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

5.

That granting the minor variance does not result in an adjustment which would exceed twenty-five percent of the standard(s) being varied, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6.

That granting the minor variance will not be inconsistent with the general plan.

Each application is reviewed on a case-by-case basis and the granting of a prior minor variance is not admissible evidence for the granting of a new minor variance.

The burden of proof to establish the evidence in support of the findings, as required by Subsection 6.04.6225, is the responsibility of the applicant.

A minor variance shall be exercised within one year from the date of approval, or the minor variance shall become null and void. If the application for the minor variance also involves the approval of a tentative map, the minor variance shall be exercised prior to the expiration of the companion tentative map, or the minor variance shall become null and void. A variance shall be deemed to have been exercised if actual use has occurred or a building permit has been issued and the use has been diligently pursued in accordance with all requirements and laws. Notice of expiration need not be provided by the city.

(Ord. No. 21-932, § 2, 7-13-2021)

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a minor variance when all use or necessity for which said minor variance had been issued has permanently ceased. The request to abandon a minor variance shall be made by filing a written request with the community development department, signed by all property owners of record. Upon receipt of such request, the community development director may, without a public hearing, declare the minor variance to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the minor variance, the property shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws.

(Ord. No. 21-932, § 3, 7-13-2021)

The director may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed six months. Prior to granting the extension, the director shall ensure that the minor variance complies with all current ordinance provisions.

No permit shall be issued for any use involved in an application for a minor variance until, and unless, the same shall have become final, in compliance with Subsection 6.04.8035 (Effective date).

The director may revoke or modify a minor variance in compliance with Section 6.04.84 (Revocations).

The applicant/owner may be required to provide adequate performance security in compliance with Subsection 6.04.5210(5) for the faithful performance of any/all conditions of approval imposed by the director.

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.78 Applications and fees.

2.

Section 6.80 Hearings and appeals.

3.

Section 6.84 Revocations.

To ensure that variances are only granted when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of this ordinance denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which will ensure that the variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

Further, to ensure that the power to grant variances does not extend to use regulations, flexibility in use regulations is provided in Section 6.04.78 (Conditional use permits).

An application for a variance shall be filed in compliance with Section 6.04.78 (Applications and fees).

The commission may grant a variance from the requirements of this ordinance for only the following:

1.

Permit the modification of the dimensional standards for:

A.

Distance between structures;

B.

Parcel area (size);

C.

Parcel coverage;

D.

Parcel dimensions;

E.

Setbacks; or

F.

Structure height.

2.

Permit the modification of sign regulations (other than prohibited signs); and

3.

Permit the modification of the number and dimensions of parking areas, loading spaces, landscaping or lighting requirements.

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

Upon receipt in proper form of a variance application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

Following a public hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The commission may approve and/or modify an application in whole or in part, with conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this ordinance denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

2.

That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the variance is sought;

3.

That granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

4.

That granting the variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

5.

That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6.

That granting the variance will not be inconsistent with the general plan.

Each application is reviewed on a case-by-case basis and the granting of a prior variance is not admissible evidence for the granting of a new variance.

The burden of proof to establish the evidence in support of the findings, as required by Subsection 6.04.6425, is the responsibility of the applicant.

A variance shall be exercised within one year from the date of approval, or the variance shall become null and void. If the application for the variance also involves the approval of a tentative map, the variance shall be exercised prior to the expiration of the companion tentative map, or the variance shall become null and void. A variance shall be deemed to have been exercised if actual use has occurred or a building permit has been issued and the use has been diligently pursued in accordance with all requirements and laws. Notice of expiration need not be provided by the city.

(Ord. No. 21-932, § 4, 7-13-2021)

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a variance when all use or necessity for which said variance had been issued has permanently ceased. The request to abandon a variance shall be made by filing a written request with the community development department, signed by all property owners of record and notarized. Upon receipt of such request, the community development director may, without a public hearing, declare the variance to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the variance, the property shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws.

(Ord. No. 21-932, § 5, 7-13-2021)

The commission may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed six months. Prior to granting the extension, the commission shall ensure that the variance complies with all current ordinance provisions.