The purpose of this Chapter is to establish the general requirements of this Title for the review and approval of proposed development and new land uses in the City.

Except as otherwise provided in this Title, all uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:

A.

Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows:

1.

Permanent uses.Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) lists the allowed uses and permit requirements for various land uses in each of the City's base zones and overlay zones.

2.

Temporary uses. Temporary uses must comply with the requirements of Chapter 9.100 (Temporary Use Permit).

B.

Permit and Approval Requirements.

1.

No use that requires a permit, or approval of any kind, under the provisions of this Title shall be established or operated until the permit or approval is granted and all required conditions of the permit or approval have been met.

2.

No use that requires a permit, or approval of any kind, under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the permit or approval.

C.

Development Standards. All uses and structures must comply with the development standards described in this Title. In addition:

1.

No structure shall be erected, maintained, converted, reconstructed, or altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone district in which the structure or land is located.

2.

No structure shall be erected, maintained, reconstructed, or altered to exceed the height limit or encroach into setback areas for the zone in which the structure is located, unless specifically approved in accordance with the provisions of this Title.

3.

No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Title, unless specifically approved in accordance with the provisions of this Title.

4.

Every structure shall be located on a legal lot as defined by this Title.

D.

Conditions of Approval. The use of land and the construction of structures authorized by permits or approvals granted by the City in accordance with this Title shall comply with any conditions of approval imposed by the designated approving authority in granting the permit or approval, including any permit or approval that was granted prior to the effective date of this Title or any amendments thereto.

E.

Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Section 9.30.140 (Subdivisions) of this Title and the Subdivision Map Act as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 9.235 (Nonconforming Uses and Structures).

Where this Title requires approval for the use of land, buildings, or structures, it shall only be granted when consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event this Title becomes inconsistent with the General Plan by reason of an amendment there to or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended. A proposed use is consistent with the General Plan when both of the following conditions exist:

A.

The proposed use is in conformance with the programs and policies of the General Plan.

B.

The proposed use is to be established and maintained in a manner that is consistent with the General Plan and all applicable standards contained therein.

A.

The Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity, or intent of the approved project or reduce any requirement intended to mitigate an environmental effect; alter any public improvement or facility or conditions for which other properties or developments may rely; nor have an adverse effect upon public health, safety, or welfare.

B.

A substantial conformance determination may include:

1.

Structural additions to non-residential projects of less than two hundred (200) square feet. Square footage shall be the aggregate of all proposed structures.

2.

Structural additions or alterations to existing residential projects that add no additional units.

3.

Changes to off-street parking and circulation configurations which do not reduce the number of required parking spaces.

4.

Landscape modifications which do not reduce the number of trees or reduce the amount of plantings.

5.

Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original approved architectural form and theme of an existing building.

6.

Other requests similar to the above-listed changes, as determined by the Director.

C.

No notice of decision is required for determinations of substantial conformance.

The establishment, operation, construction, or development of uses, properties, and structures shall be subject to all requirements imposed by other sections of this Code or applicable local, State, or federal laws, ordinances, and policies. All applicable permits, licenses, or other approvals including, without limitation, use, building, grading, or other construction permits, and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading, or other permits, licenses, or other approvals of the responsible public agencies and service districts. Nothing in this Title eliminates the need for obtaining any other permits required by the City or any permit, approval, or entitlement required by the regulations of any County, regional, special district, State, or federal agency.

City officials are authorized to perform inspections related to permit issuance and other approvals made in accordance with this Title as follows:

A.

Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application. Reasonable notice shall be provided in advance of a pre-approval inspection by the City.

B.

Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit or approval action.

The purpose of this Chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits, and other approvals. These common procedures apply to all permits and approvals described in this Title, unless stated otherwise.

A.

All applications for entitlements, as identified in this Title, must be submitted in writing to the Community Development Department on a completed City application designated for the specific request.

B.

Minimum submittal requirements shall be established by the City Manager or their designee and listed on the application checklist. Additional information specific to an application and necessary to complete analysis of an application may be required by the Director. All required materials, information, and fees shall be provided before the application is accepted.

C.

No application shall be accepted until the required application fees are paid in full. Applications initiated by the City shall not require an application fee.

D.

The Council or Commission may initiate an application for any entitlement provided for in this Title.

Applications may be initiated by any interested party, the Director, Planning Commission, or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

A.

Property owners or all contract purchasers of a subject property or any lessee or agent authorized in writing to act on behalf of the owner or contract purchasers.

B.

Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

A.

Request. The Director may withdraw any application upon written request by the applicant or authorized representative prior to the final determination on the application.

B.

Inactive Application. A complete application that has been inactive for a period longer than one (1) year shall be considered withdrawn unless action is initiated. An application shall be considered inactive when additional information, revisions, or funds are requested, and the applicant fails to provide the requested items or where there has been no written correspondence from the applicant. The one-year period may be extended at the discretion of the Director, provided a request for extension is filed by the applicant prior to the application being withdrawn, and the Director finds reasonable cause to grant the extension.

C.

Incomplete Application. Notwithstanding the provisions of Government Code section 65913, et. seq. ("Housing Development Approvals"), if additional information is required and the application is not made complete within sixty (60) days of the completeness determination letter, the application shall be deemed to have been withdrawn, and no action will be taken on the application. The 60-day period may be extended for an additional time period not to exceed one (1) year, at the discretion of the Director, if the Director finds that circumstances exist and that unusual hardship to the applicant would result from deeming the application withdrawn. If the required material has not been submitted by the specified date, the application shall be deemed withdrawn. An extension shall only be considered by the Director provided a written request for extension and the associated fee are filed by the applicant prior to the conclusion of the initial 60-day period. The written request for extension shall contain the following information:

1.

A written explanation of the delay.

2.

The date by which the further application material, studies or information, and, when required, further fees will be submitted.

D.

Notice of Withdrawal. The Director shall mail a notice of withdrawal to the applicant within three (3) business days to notify the applicant the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this Chapter.

E.

Fees Partially Refunded. Partial refunds of permit fees collected by the City may be granted at the discretion of the Director only if the applicant submits a written request to withdraw the application prior to staff making a determination or recommendation on the application.

A.

Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of thirty (30) days, established by State law for determining completeness (Government Code section 65943 [Permit Streamlining Act]), shall begin the day the application is accepted by the Department.

B.

Initial Determination. Within thirty (30) days of application acceptance, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one (1) of the following determinations has been made:

1.

Complete application. All submittal requirements have been satisfied and the application has been deemed complete.

2.

Incomplete application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with City development standards and application requirements.

C.

Determination on Resubmittal. Within thirty (30) days of acceptance of information submitted in response to a determination of incomplete application, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one (1) of the following determinations has been made:

1.

Complete application. All submittal requirements have been satisfied and the application has been deemed complete.

2.

Incomplete application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application.

D.

Right to Appeal. The applicant may appeal the determination in accordance with Section 9.30.090 (Appeals of Discretionary Actions) and California Government Code section 65493 (Permit Streamlining Act). A final determination on the appeal shall be rendered not later than sixty (60) days after receipt of the applicant's written appeal.

A.

Environmental Review. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA).

B.

Application Routing. The Director may refer an application for review and comment to any other government agency and/or City department the Director determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans.

C.

Development Review Committee Review. The Director shall provide all discretionary development applications for murals, residential subdivision, multi-family residential, commercial, and mixed-use projects to the Development Review Committee (DRC) for review and recommendation. The DRC may require the applicant to submit additional information reasonably necessary to determine whether the proposed development complies with this Title. The DRC shall make recommendations on the application to the Planning Commission for those applications requiring Commission action. For applications that do not require Commission action, the recommendation of the DRC shall be made to the Director.

D.

Report Preparation. Reports for an application shall be prepared and disseminated as follows:

1.

For applications decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve, or deny the application.

2.

For applications to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application, but no later than three (3) business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.

E.

Time Limit for Determination.

1.

The City shall comply with the following timelines for providing written documentation to an applicant if the City determines a proposed housing development project is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, State law, standard, requirement, or other similar provision, in accordance with Government Code section 65589.5 (Housing Accountability Act). Such written documentation shall identify the provisions, and an explanation of the reasons for the determination. Written documentation shall be provided as follows:

a.

Within thirty (30) days of the date the application for the housing development project is determined to be complete, if the housing development project contains one hundred fifty (150) or fewer units.

b.

Within sixty (60) days of the date the application for the housing development project is determined to be complete, if the housing development project contains more than one hundred fifty (150) units.

2.

If the City fails to provide the required documentation pursuant to Subsection (E)(1) of this Section, the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.

A.

Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

B.

Notice of Public Hearing.

1.

Content. The notice of public hearing shall include the following information:

a.

Date, time, and place of hearing.

b.

Identification of the reviewing or approving authority.

c.

Location of project.

d.

Project description, including action to be taken.

e.

CEQA determination statement, if applicable.

f.

Statement that a person may appear and be heard.

g.

Statement that challenges of the action taken in court may be limited to raising only those issues raised at the public hearing or submitted to the hearing body in writing prior to, or at the public hearing.

h.

Information on the availability and location of staff reports and public review materials.

2.

Delivery. Pursuant to California Government Code sections 65090—65094, not less than ten (10) days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.

a.

Notice of public hearing shall be published in at least one (1) newspaper of general circulation in the City.

b.

Except as otherwise provided herein, notice of the public hearing shall be mailed to the owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application or to twenty-five (25) property owners within a radius around the property involved in the application, whichever is greater, as determined by the Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds one thousand (1,000), the City may, in lieu of a mailed notice, provide notice by placing a notice of at least one-third (⅓) page in one (1) newspaper of general circulation within the City.

c.

Where the mailing address of such property, as shown on the last equalized assessment roll, is different than the physical address of such property, a notice shall also be mailed to the physical address and addressed to the "occupants."

d.

Notice of the public hearing shall be mailed to the owner of the subject real property or the owner's authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected.

e.

Notice of the public hearing shall be posted at City Hall and on the City's website.

f.

Notice of the public hearing shall be mailed to any person who has filed a written request for notice per Subsection (C) of this Section.

g.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the City shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

h.

For a proposed conversion of residential property to a condominium, community apartment, or stock cooperative project, such notice shall be given by mail to each dwelling unit of the property, including time and place of the hearing and notice of the tenants' rights to appear and to be heard in accordance with Government Code section 66451.3.

i.

In addition to the notice required by this Section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

C.

Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.

D.

Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

E.

Hearing Procedure. Hearings as provided for in this Chapter shall be held in accordance with the following provisions.

1.

Hearings shall be held at the date, time, and place for which notice has been given as required in this Chapter. The recommending authority and approving authority shall conduct the public hearing(s) and hear testimony from interested persons.

2.

Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.

3.

If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed.

F.

Time Limit for Decision. Within forty (40) days after the conclusion of a public hearing, a decision on the matter shall be rendered by the approving authority.

G.

Notice of Decision. Written notice of decision of the approving authority shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows:

1.

Planning Commission Determination. A written notice of decision shall be mailed within three (3) business days of the date of decision and shall include:

a.

The application request as acted upon by the Planning Commission.

b.

Any conditions of approval or other requirements applied to the decision.

c.

The action taken by the Planning Commission.

d.

The deadlines, criteria, and fees for filing an appeal.

2.

City Council Determination. A written notice of decision shall be mailed within ten (10) business days of the date of decision and shall include:

a.

The application request as acted upon by the City Council.

b.

Any conditions of approval or other requirements applied to the decision.

c.

The action taken by the City Council.

A.

Recommending Authority. The recommending authority as designated in Table 9.30.890-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit approval in accordance with the requirements of this Title.

B.

Approving Authority. The approving authority as designated in Table 9.30.890-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve, or deny the proposed land use or development permit or action in accordance with the requirements of this Title. Generally, the Director or their designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make legislative decisions. In acting on an application, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.090 (Appeals of Discretionary Actions).

Table 9.30.080-1: Designated Authority for Permits and Approvals

Notes:

¹  A = Approving Authority; R = Recommending Authority

C.

Multiple Entitlements. When a proposed project requires more than one (1) permit or approval with more than one (1) approving authority, all applications shall be processed concurrently and action shall be taken by each approving authority, with the option to elevate all discretionary actions to the highest approval authority.

D.

Referral to the Planning Commission. At any point in the review process, the Director may transfer approving authority to the Planning Commission at their discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be provided, and a public hearing conducted pursuant to Section 9.30.070 (Public Hearing and Notice). A referral to the Planning Commission is not an appeal and requires no appeal application or fee.

E.

Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer approving authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hearing. Public notice shall be provided, and a public hearing conducted pursuant to Section 9.30.070 (Public Hearing and Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.

A.

Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Title may be appealed to the designated appeal authority listed in Table 9.30.090-1 (Appeal Authority). Ministerial decisions by the Director may not be appealed. Actions taken by the Planning Commission in exercise of its appeal authority may be further appealed to the City Council. Decisions by the City Council are final and may not be appealed.

Table 9.30.090-1: Appeal Authority

B.

Right to Appeal. Any aggrieved person may file an appeal pursuant to this Chapter. An aggrieved person shall be any person who, in person or through a representative, appeared at a public hearing of the City of Fowler in connection with the decision or action being appealed; or who, by other appropriate means prior to the hearing, informed the approving authority of the nature of their concern(s); or who, for good cause, was unable to do either.

C.

Filing an Appeal. Appeals shall be submitted to the Director with the appropriate fees, as determined by the City's fee schedule adopted by Council resolution, on forms provided by the Department and shall include at a minimum:

1.

The date the action was taken.

2.

Specific condition, standard(s), or action being appealed.

3.

Appeals shall only be considered if filed within ten (10) consecutive calendar days following the date of action for which the appeal is made. If the last day to act falls on a nonbusiness day, the following business day shall be deemed to be the last day to act.

D.

Planning Commission and City Council Member Appeal.

1.

Any member of the Planning Commission may initiate an appeal of any discretionary action of the Director based on the requirements of Section 9.30.090, Subsection (C) (Filing an Appeal). Appeals filed by the Planning Commission, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

2.

Any member of the City Council may initiate an appeal of any discretionary action of the Director or Planning Commission based on the requirements of Section 9.30.090, Subsection (C) (Filing an Appeal). Appeals filed by the City Council, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

E.

Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within thirty (30) days from the date of appeal submittal, or at the next possible regular meeting of the appeal authority, whichever is later. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of Section 9.30.070 (Public Hearing and Notice).

F.

Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. The Planning Commission or City Council may approve, deny, or modify the recommendation of the lower authority. Written notice of decision shall be issued in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

G.

Judicial Review.

1.

The judicial review of an administrative order or decision of the Council or any officer or agent of the City under the provisions of California Code of Civil Procedure section 1094.5 may be had only if the petition for the writ of mandate is filed not later than the 90th day following the date on which the decision becomes final.

2.

Without limitation by the foregoing, the City makes California Code of Civil Procedure section 1094.6, relating to the judicial review of administrative orders or decisions, the time for filing petitions therefor, and providing for the preparation of records, applicable to the City and its officers and agents as if said section were incorporated in this Chapter in full.

A.

Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section.

B.

Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

1.

A building permit is issued, and construction is underway.

2.

A certificate of occupancy has been issued, or temporary occupancy has been granted, as determined by the Building Official, for the use or structure.

3.

The site is occupied in accordance with the approved permit.

4.

The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.

5.

An extension of time is approved in accordance with Subsection (C) (Permit Extensions) of this Section, if applicable.

C.

Permit Extensions.

1.

Extensions of time. An extension of up to two (2) years may be approved, subject to the findings described in Subsection (C)(4) of this Section.

2.

Process. Requests shall be submitted in writing to the Director at least thirty (30) days prior to the expiration date of the permit or approval, along with the appropriate fees. The Director shall be the approving authority for extension requests.

3.

Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved, unless the permit has vesting rights.

4.

Permit extension findings. An extension may be granted only when the designated approving authority finds the following:

a.

The original permit findings can still be made.

b.

There has been diligent pursuit to exercise the permit or approval that warrants such extension.

c.

There have been no significant changes in the General Plan, this Title, or applicable Municipal Code requirements that would cause the approved project to become out of compliance with applicable policies and regulations.

d.

There have been no significant changes in the character of the area within which the project is located.

e.

Granting of an extension will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

D.

Permit Expiration.

1.

Multiple entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one (1) permit or approval processed concurrently in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements) all permit expiration dates shall be consistent. The longest permit expiration date shall apply.

2.

Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit shall expire.

E.

Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one (1) calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

A.

Applicability. Any person holding a permit granted under this Title may request an amendment to that permit. For the purpose of this Section, the amendment of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B.

Request for Amendment. An applicant may request an amendment to a permit after the effective date of the permit. An application shall be made on forms provided by the Department and shall be accompanied by the applicable fee.

C.

Review Process. An amendment may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for an amendment to a previously approved permit shall be determined as follows:

1.

Minor amendment.

a.

Applicability. A minor amendment is a non-substantive change of a previously approved permit, including:

i.

Structural additions to non-residential projects of more than two hundred (200) square feet and less than two thousand five hundred (2,500) square feet or fifty percent (50%) of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.

ii.

Structural additions or alterations to existing residential projects that add no more than six (6) units.

iii.

Expansion of existing parking lots that add fewer than twenty-five (25) parking spaces on an existing site.

iv.

Changes to parking areas or circulation patterns or reduction of the number of parking spaces.

v.

Landscape modifications which alter the general concept or reduce the effective amount of landscaping.

vi.

Architectural, exterior material, or color changes which alter or conflict with the basic architectural form and theme of an existing building or change the location of windows or doors.

vii.

Adjustments to the standards of development established through an approved Planned Development.

viii.

Other requests like the above-listed minor amendments, as determined by the Director.

b.

Review process. The Director is the designated approving authority for minor amendments. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit, except that notice of decision shall also be provided to the original approving authority when the original approval was made by a body other than the Director. Minor amendments to discretionary permits may be appealed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

2.

Major amendments. Major amendments to a previously approved permit shall be processed as follows:

a.

Applicability. A major amendment is a substantive change of a previously approved permit, including:

i.

Structural additions to non-residential projects of equal to or greater than two thousand five hundred (2,500) square feet or fifty percent (50%) of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.

ii.

Structural additions or alterations to existing residential projects that add more than six (6) units.

iii.

Expansion of existing parking lots that add twenty-five (25) parking spaces or more on any existing site.

iv.

A modification in the approved access to the project site.

v.

Changes in the allowed uses established for an approved Planned Development.

vi.

Expansion of use over fifty percent (50%) of square footage.

vii.

Other requests that cannot be classified as a minor amendment.

b.

Review process. The original approving authority shall be the designated approving authority for major amendments to a permit. Where entitlements were processed concurrently, the designated approving authority shall be the approving authority specified under Table 9.30.0890-1 (Designated Authority for Permits and Approvals) for the permit or approval, subject to the request for major amendment. A major amendment shall be processed in the same manner and subject to the same standards as the original application. Major amendments of discretionary permits may be appealed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

D.

Permit Expiration. Granting of an amendment to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved in accordance with the provisions of Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

An application shall not be accepted or acted upon if within the past year the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one (1) or more of the following circumstances to exist:

A.

New Evidence. As determined by the Director, there is sufficient new information that was not available during consideration of the application, nor at the previous hearing, and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

B.

Substantial and Permanent Change of Circumstances. As determined by the Director, there has been a substantial and material change of circumstances since the previous determination that affects the applicant's real property.

C.

Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

D.

Reapplication is initiated by Council or Commission. The Commission or the Council may initiate a reapplication for any entitlement provided for in this Chapter without restriction by this Section.

A.

Applicability. At the time of submitting an application for a land use permit or approval, all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify, and hold harmless the City from any claim, action, or proceeding brought to attack, set aside, void, or annul any subsequent approval by the City which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, costs of suit, attorneys' fees, and other costs and expenses incurred in connection with any such claim, action, or proceeding. In addition, an indemnification agreement may be required as a condition of approval for the project.

B.

Notification. In the event that a claim, action, or proceeding referenced in Section 9.30.090 is brought, the City shall promptly notify the applicant thereof.

(Articles 1 through 14, codified from Ordinance No. 12-55, as amended by Ordinance No. 79-4, effective April 19, 1979, amended in their entirety by Ordinance No. 81-8, effective September 17, 1981, on file in the office of the City Clerk.)

This Chapter establishes procedures for the administrative review and approval of certain conditionally permitted uses that are considered minor in nature allowing the City to confirm compliance with all applicable local standards, ordinances, and other applicable plans and policies and maintain the discretion to apply additional discretionary conditions of approval, as needed, to ensure that uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

This Chapter also establishes procedures for the review and approval of certain conditionally permitted uses that may be considered to have a potentially greater impact on surrounding properties and require additional review. Such conditional uses typically have operating characteristics requiring special consideration, which may necessitate discretionary conditions of approval to ensure uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

A.

Minor Conditional Use Permit Required. A Minor Conditional Use Permit is required prior to establishment of any conditional use as indicated with a "Minor C" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) and uses specifically requiring a Minor Conditional Use Permit by the provisions of this Title.

B.

Major Conditional Use Permit Required. A Major Conditional Use Permit is required prior to establishment of any conditional use as indicated with a "Major C" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones) and uses specifically requiring a Major Conditional use Permit by the provisions of this Title.

C.

Exemptions. Uses specifically exempt from the requirements for obtaining a Minor Conditional Use Permit or a Major Conditional Use Permit in accordance with this Title.

D.

Use to Run with Land. Conditional uses approved in accordance with this Title shall run with the land and are not transferrable to different properties without obtaining a new Conditional Use Permit.

A.

Application Filing and Processing. Applications for a Minor Conditional Use Permit or a Major Conditional Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

Additional Applications and Fees May Be Required. When a conditional use is proposed in association with the physical development of a property, a separate application for a Ministerial Plan Review or Site Plan Review, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

A.

Minor Conditional Use Permit. Applications for a Minor Conditional Use Permit shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny applications for a Minor Conditional Use Permit.

B.

Major Conditional Use Permit. Applications for a Major Conditional Use Permit shall be reviewed and approved by the designated approving authority as follows:

1.

Recommending authority. The Director shall review and make recommendations to the designated approving authority to approve, conditionally approve, or deny applications for a Major Conditional Use Permit.

2.

Approving authority. The Planning Commission is authorized to approve, conditionally approve, or deny an application for a Major Conditional Use Permit.

A.

Minor Conditional Use Permit. A Director hearing is required prior to taking action on an application for a Minor Conditional Use Permit. Director hearings shall be set and noticed in accordance with Section 9.30.070 (Public Hearing and Notice).

B.

Major Conditional Use Permit. A public hearing is required prior to taking action on an application for a Major Conditional Use Permit. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Minor Conditional Use Permit or Major Conditional Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A.

Requirements for special building setbacks, open spaces, buffers, fences, walls, and screening.

B.

Requirements for installation and maintenance of landscaping.

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation including noise, vibration, and odors.

F.

Requirements for surfaced parking areas subject to specifications.

G.

Requirements for security.

H.

Requirements for periodic review.

I.

Requirements for special building design and features to enhance aesthetics and integrate the use into the community.

J.

Time period within which the proposed use shall be developed.

K.

Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Minor Conditional Use Permit or an application for a Major Conditional Use Permit, the approving authority shall make all the following findings:

A.

That the proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable Specific Plan.

B.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this Title.

C.

That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, consistent with the mobility goals of the City.

D.

That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof.

E.

That the conditions of approval stated in the resolution are deemed necessary to protect the public health, safety, and general welfare.

A.

Minor Conditional Use Permit. A written Notice of Decision for a Minor Conditional Use Permit shall be provided within three (3) business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

1.

The application request as acted upon by the Director or Planning Commission, as applicable.

2.

The action taken by the Director or Planning Commission, as applicable.

3.

Findings as listed for the permit.

4.

The deadlines, criteria, and fees for filing an appeal.

B.

Major Conditional Use Permit. Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Minor Conditional Use Permits and Major Conditional Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Minor Conditional Use Permits and Major Conditional Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

A.

Expiration. Minor Conditional Use Permits and Major Conditional Use Permits shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

B.

Exceptions. A Minor Conditional Use Permit or a Major Conditional Use Permit may be valid for a longer period if specified by the approving authority at the time of approval.

Minor Conditional Use Permits and Major Conditional Use Permits may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Amendments to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

The purpose of this Chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

A.

Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B.

Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C.

Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

A.

Only a person who has legal or equitable interest in the property which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement.

B.

The City may enter into a Development Agreement for property located within the City limits or within unincorporated territory within the City's Sphere of Influence.

A.

Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Development Agreement shall be reviewed and approved as follows:

A.

Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a Development Agreement.

B.

Approving Authority. The City Council is authorized to approve, alter, or deny an application for a Development Agreement.

The Planning Commission shall hold a public hearing to make a recommendation on applications for a Development Agreement. The Planning Commission's recommendation shall be forwarded to the Council. The City Council shall hold a public hearing prior to taking action on an application for a Development Agreement. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving a Development Agreement, the City Council may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Pursuant to Government Code section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this Chapter, the City Council shall make all the following findings:

A.

The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the Fowler General Plan and any applicable Specific Plan.

B.

The proposed development agreement is compatible with the uses and regulations prescribed for the zone in which the real property is or will be located.

C.

The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.

D.

The proposed development agreement will not be detrimental to the health, safety and general welfare of the public.

E.

The proposed development agreement will not adversely affect the orderly development of the property.

F.

The proposed development agreement will promote and encourage the development of the project by providing a greater degree of requisite certainty for the developer.

G.

The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code section 66473.7.

Written Notice of Decision for a Development Agreement shall be provided in accordance with Section 9.30.070 (Notice of Decision).

Development Agreements shall become effective on the date specified in the agreement. Development Agreements approved for property located upon unincorporated territory within the City's Sphere of Influence shall not become operative unless annexation into the City is completed within the period of time specified by the agreement.

Actions taken by the City Council are final and not subject to appeal.

A Development Agreement shall expire as specified in the terms of the agreement.

A Development Agreement may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Except as otherwise provided by law, a Development Agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. A modification or termination of a Development Agreement shall be subject to the provisions Section 9.30.110 (Amendments to Previously Approved Permits).

A.

A Development Agreement shall specify:

1.

The duration of the agreement.

2.

The permitted uses of the property.

3.

The density or intensity of the use.

4.

The maximum height and size of proposed buildings.

5.

Provisions for preservation or dedication of land for public purposes.

B.

The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

C.

For Development Agreements relating to property located upon unincorporated territory within the City's Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

A.

After the ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or their designee.

B.

The City shall not execute a Development Agreement until it has been executed by the applicant.

C.

Within ten (10) days after receiving the executed Development Agreement from the applicant, the City shall execute the Development Agreement and file it with the Fresno County Recorder.

The Director shall review the Development Agreement at least every twelve (12) months. The applicant or successor in interest thereto, shall present substantial evidence they are in good faith compliance with the terms and conditions of the Development Agreement.

A.

Notwithstanding Section 9.40.160 (Annual Review), when the Director finds, based on substantial evidence, the applicant or successor in interest thereto, has not complied in good faith with the terms and conditions of the Development Agreement, a public hearing shall be scheduled with the City Council to review the applicant's conformance with the Development Agreement. Procedures for the conduct of such public hearing shall be the same as for consideration of the original agreement. The City Council may amend or terminate the Development Agreement if substantial evidence supports the finding that the applicant or successor in interest thereto, has not complied if good faith with the terms and conditions of the agreement..

B.

For Development Agreements relating to property located upon unincorporated territory within the City's Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement becomes null and void. This action is not eligible for appeal.

This Chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with State planning laws. (Government Code section 65300, et seq.)

A General Plan Amendment is required for any change to General Plan goals, policies, action items, or any change to General Plan land use diagrams or designations contained in the General Plan.

A.

Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as follows:

A.

Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a General Plan Amendment.

B.

Approving Authority. The City Council is authorized to approve, alter, or deny an application for a General Plan Amendment.

The Planning Commission shall hold a public hearing to make a recommendation on applications for a General Plan Amendment. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving a General Plan Amendment, the City Council may make alterations to the proposal to ensure that the proposed amendment will comply with the required findings. Any substantial alteration made to the proposed General Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation.

Prior to approving a General Plan Amendment, the City Council shall make all the following findings, which shall be made by resolution:

A.

The amendment is consistent with the intent of the General Plan vision statement and supporting principles, goals, and policies.

B.

The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

C.

The amendment provides for the protection of the general health, safety, and/or welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

General Plan Amendments shall become effective immediately following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

Approved General Plan Amendments do not expire.

No extensions of time are necessary as an approved General Plan Amendment does not expire.

Any amendments affecting an approved General Plan Amendment shall be handled as a new application.

Pursuant to Government Code section 65358, no mandatory element of the General Plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one (1) change to the General Plan.

Pursuant to Government Code section 65352, at least forty-five (45) days prior to Council action on a proposed General Plan Amendment, the Director shall notify the County, the Local Agency Formation Commissions (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.

The purpose of this Chapter is to establish a review procedure so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

A home occupation shall be considered the offering of a service or conduct of a business, or handicraft manufacture of products within a lawful dwelling that is clearly incidental to the use of the structure for residential purposes, and that does not change the character of the residential use.

A.

Application Filing and Processing. Applications for a Home Occupation Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). An application for a Home Occupation Permit shall be submitted concurrently with an application for a Business License in accordance with Chapter 1 of Title 3, of the Fowler Municipal Code.

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Home Occupation Permit shall be reviewed and approved by the Director. The Director is authorized to approve, amend, or deny applications for a Home Occupation Permit.

No public hearing is required prior to taking action on an application for a Home Occupation Permit.

In approving a Home Occupation Permit, the Director may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the General Plan, and justify making necessary findings.

Prior to approving a Home Occupation Permit, the Director shall make the following findings:

A.

The proposed use is consistent with the adopted General Plan and any applicable Specific Plan.

B.

The proposed use meets all applicable development and operational standards for development and other provisions of this Title.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

A Home Occupation Permit shall become effective on the date of approval by the approving authority.

Actions taken on an application for a Home Occupation Permit are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

An approved Home Occupation Permit shall run concurrently with a Business License. Should the Business License failed to be renewed, the Home Occupation Permit shall expire.

No extensions of time are necessary as an approved Home Occupation Permit does not expire.

Any amendments to a Home Occupation Permit shall be handled as a new application.

Home Occupations Permits are not transferable to another property or business operator and shall be handled as a new application.

Home Occupations Permits are subject to the following requirements:

A.

A home occupation shall be permitted by issuance of a home occupation permit by the Director and no business license shall be issued beforehand.

B.

A home occupation shall be clearly incidental to the use of a structure as a dwelling.

C.

There shall be no storage or display of equipment or products outside the dwelling or accessory structure, not inclusive of vehicles allowed under these provisions.

D.

There shall be no sign of any nature identifying the home occupation.

E.

No person, other than a resident of the dwelling, shall be employed or subcontracted on the premises in the conduct of a home occupation.

F.

Deliveries shall not exceed those normally and reasonably occurring for a residence. Delivery of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, USPS, or similar type home pickups and deliveries.

G.

Not more than one (1) vehicle of not more than one-ton capacity used in connection with the home occupation shall be kept on the site.

H.

There shall be no external alteration of appearances of the dwelling in which the home occupation is conducted that would reflect the existence of said home occupation.

I.

No equipment or process shall be used that creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the lot if the occupation is conducted in a single-family, detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used that creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

J.

The home occupation shall not involve the storage or use of hazardous materials.

K.

Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purpose of sale on the premises.

L.

The patronage of a home occupation shall not exceed an average of eight (8) patrons or customers for any calendar day.

M.

Additional requirements or conditions, not less than those contained herein, may be added as deemed necessary by the Director.

The purpose of this Chapter is to define the procedures for review and approval of permitted uses and associated site development. This Chapter establishes a ministerial review process to facilitate permitted uses considered minor in nature and those uses required to be approved through a ministerial permit process while allowing the City to ensure conformance with all applicable local standards, ordinances, and other applicable plans and policies.

A Ministerial Plan Review is required prior to establishment of any permitted use as indicated with an "M" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Zones).

A.

Application Filing and Processing. Applications for a Ministerial Plan Review shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

Additional Applications and Fees May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this Chapter, a separate application for a Minor Conditional Use Permit or Major Conditional Use Permit, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

Applications for a Ministerial Plan Review shall be reviewed and approved by the Director. As the approving authority, the Director is authorized to approve, alter, or deny an application for a Ministerial Plan Review.

No public hearing is required prior to action on an application for a Ministerial Plan Review.

In approving an application for a Ministerial Plan Review, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Ministerial Plan Review, the approving authority shall make the following findings:

A.

The proposed project is consistent with the adopted General Plan and any applicable Specific Plan.

B.

The proposed project meets all applicable standards for development and provisions of this Title.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include:

A.

The application request as acted upon by the approving authority.

B.

The action taken by the approving authority.

C.

Findings as listed for the permit.

Ministerial Plan Reviews shall become effective on the date of approval.

Ministerial Plan Reviews are not subject to appeal.

Ministerial Plan Reviews shall expire two (2) years from the date of approval, unless the permit has been exercised in accordance with Section 9.30.100, Subsection (B) (Permit Time Limits, Expiration, and Extensions).

Ministerial Plan Reviews may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

An applicant may request an amendment to an approved Ministerial Plan Review after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The Minor Deviation process allows minor exceptions from certain requirements of this Title to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards.

Minor Deviations do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement. A Minor Deviation may be applied to the following development standards in any zone to the maximum reduction or increase as specified.

A.

Reduce area or lot dimension requirements to a maximum exception of ten percent (10%).

B.

Reduce required setbacks to a maximum exception of ten percent (10%).

C.

Increase building height to a maximum exception of ten percent (10%).

D.

Increase lot coverage to a maximum of ten percent (10%) or up to one thousand (1,000) square feet, whichever is lesser.

E.

Increase residential fence, wall, and screen (height only) to a maximum of seven (7) feet.

F.

Wall and fencing requirements in the PF, C, and M Districts may be waived provided adjacent residentially zoned or developed parcels are proposed for nonresidential use as shown on the adopted General Plan.

G.

Reduce off-street parking requirements (excluding stall and aisle dimensions) to a maximum of ten percent (10%).

H.

Increase sign letter height to a maximum of ten percent (10%). Increase sign area to a maximum of ten percent (10%).

I.

Reconstruction or remodeling of a nonconforming structure only where it would bring such nonconforming structure, and its subsequent use, into greater conformity with the uses permitted or standards required in that zone.

J.

Minor exceptions as determined by the Director that provide relief of no more than ten percent (10%) from the identified standard and meet the intent and purpose of this Title.

A.

Application Filing and Processing. Applications for a Minor Deviation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Minor Deviation shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Minor Deviation.

No public hearing is required prior to taking action on an application for a Minor Deviation.

In approving an application for a Minor Deviation, the Director may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Minor Deviation, the Director shall make all the following findings:

A.

The proposed development is compatible with existing and proposed land uses in the surrounding area.

B.

Any exceptions to or deviations from the requirements or development standards of this Title result in the creation of appropriate and necessary project design solutions that would not otherwise be possible.

C.

Granting the minor deviation will not adversely affect the interests of the public or residents and property owners in the vicinity of the project.

D.

The proposed development is consistent with the purposes of the General Plan or any applicable Specific Plan or development agreement.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

Minor Deviations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Minor Deviation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Minor Deviations shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Minor Deviation may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Any amendments affecting an approved Minor Deviation shall be handled as a new application.

The purpose of a Planned Development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and to encourage the development of environments of greater community value than would otherwise be achieved through implementation of the primary zone regulations under this Title. Development within a Planned Development shall incorporate a program of enhanced amenities that would otherwise not be allowed or required through regulations of the base zoning district. This Chapter describes the process for adopting Planned Developments and approving subsequent development under an approved Planned Development.

A.

Allowance of Planned Development Projects. Planned Developments may be established for any property in any district where flexibility in the applicable development standards of this Title is necessary to result in a project that includes enhanced features or amenities above and beyond the requirements of this Title.

B.

Planned Development Permit Required. A Planned Development Permit is required to establish a Planned Development.

C.

Overlay Zone Required.

1.

Establishment of a Planned Development (PD) Overlay District is required prior to or concurrent with the initial approval of a Planned Development. Establishment of a PD Overlay District shall be processed in accordance with Chapter 9.110 (Zoning Code/Map Amendment).

2.

The PD Overlay District shall be designated on the Zoning Map by use of the symbol otherwise used to designate the underlying zone district, followed by the notation "/PD" and a number reflecting the sequential order in which PD overlays are approved (e.g., R-2/PD-1).

D.

Allowed Uses.

1.

A Planned Development may authorize land use activity that is not allowed in the base zoning district, including the following:

a.

Any combination of uses permitted in an R or RM District.

b.

Within any R or RM district, up to thirty-five percent (35%) of the PD may be developed with uses permitted or conditionally permitted in the C-1 district.

c.

Within any C-1 or C-2 district, up to thirty-five percent (35%) of the PD may be developed with uses permitted or conditionally permitted in the RM district.

d.

Any combination of uses permitted in any C-1, C-2, C-3, M-P, or M-1 District as a permitted use or conditional use, may be located in a PD located in an M-1 District.

2.

Uses allowed in the underlying base zoning district shall be permitted as authorized in the base district regulations, unless specifically modified by the PD Overlay District.

E.

Parcel Size. Planned Developments shall only be considered for parcel(s) measuring a minimum of one (1) acre.

A.

Application Filing and Processing. Applications for a Planned Development shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

Additional Applications and Fees May Be Required. A separate application for a rezone is required prior to or concurrent with initial approval of a Planned Development. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

Applications for a Planned Development shall be reviewed and approved by the designated authority as specified in Table 9.30.080-1: Designated Authority for Permits and Approvals as follows:

A.

Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Planned Development.

B.

Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Planned Development.

The City Council shall hold a public hearing prior to taking action on an initial application for a Planned Development. Public hearings shall be set, and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Planned Development, the approving authority may impose reasonable and appropriate conditions to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving a Planned Development, the approving authority shall make all the following findings, which shall be made by resolution:

A.

The planned development is consistent with the adopted General Plan and any applicable Specific Plan.

B.

The planned development is in substantial compliance with the purpose and intent of this Title.

C.

The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity.

D.

The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land uses and character of the surrounding area.

E.

The development standards applicable to the Planned Development are clearly designated.

F.

The uses allowed within the Planned Development are clearly designated.

G.

The planned development will incorporate a program of enhanced amenities that would not otherwise be required through regulations of the base zoning district. Such amenities may include but are not limited to additional open space and/or improvements to an existing public facility such as a park or trail.

Written notice of decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Planned Developments shall become effective immediately following the date of adoption or upon the effective date of the associated PD Overlay, whichever is later.

Initial actions taken on an application for a Planned Development are not subject to appeal as City Council is the approving authority.

Approved Planned Developments do not expire.

No extensions of time are necessary, as an approved Planned Development does not expire.

An applicant may request an amendment to an approved Planned Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

A.

Ministerial Plan Review Required. Following approval of a Planned Development and prior to the issuance of required building or use permits, a Ministerial Plan Review shall be submitted in accordance with Chapter 9.55 (Ministerial Plan Review) to verify conformance with the approved Planned Development.

B.

Compliance. No permit shall be issued for any building or use except in compliance with the Planned Development and Ministerial Plan Review. The Director may require additional information to be submitted to demonstrate compliance.

C.

Use Permit Required. Unless otherwise specified in the Planned Development, uses requiring a Conditional Use Permit shall be required to obtain a use permit, in accordance with Chapter 9.35 (Conditional Use Permit).

D.

Subdivision Action Required. Uses requiring subdivision approval shall be required to process the applicable subdivision and obtain the applicable subdivision approval, in accordance with Section 9.30.140 (Subdivisions).

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This Chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures of the City to comply fully with the intent and purpose of fair housing laws.

A request for Reasonable Accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

A.

Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Reasonable Accommodation shall be reviewed and approved by the designated approving authority as specified in Table 9.30.080-1: Designated Authority for Permits and Approvals. The designated approving authority is authorized to approve, conditionally approve, alter, or deny applications for a Reasonable Accommodation. The designated authority shall make a determination on the application for Reasonable Accommodation within thirty (30) days from receipt of the application. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30-day time period for making a determination on the application shall be suspended until the additional information is provided. If the approving authority fails to make a determination within the effective thirty (30) days, the application shall be deemed approved. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

No public hearing is required prior to taking action on an application for a Reasonable Accommodation.

In approving an application for a Reasonable Accommodation, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving authority may approve alternative Reasonable Accommodations that provide an equivalent level of benefit to the applicant.

Prior to approving an application for a Reasonable Accommodation, the approving authority shall make all the following findings:

A.

The housing, which is the subject of the request for Reasonable Accommodation, will be used by an individual with disabilities protected under fair housing laws.

B.

The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

C.

The requested accommodation would not impose an undue financial or administrative burden on the City, as "undue financial or administrative burden" is defined in fair housing laws.

D.

The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

E.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions), except that the period for filing an appeal of an action taken on an application for a Reasonable Accommodation shall be thirty (30) days from the date of decision.

Reasonable Accommodations shall expire one (1) year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Reasonable Accommodation may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Time Limits, Expiration, and Extensions).

Any amendments affecting an approved Reasonable Accommodation shall be handled as a new application.

A.

Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability;

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and

4.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

B.

Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2.

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;

3.

Whether the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable Specific Plan; or

4.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

The purpose of this Chapter is to establish a review process for signs to ensure consistency with the requirements of this Title.

The requirements set forth in this Chapter shall apply to all signs erected, relocated, or maintained within the City. No sign shall be erected, repaired, or relocated except as provided in this Chapter.

A.

Application Filing and Processing. Applications for a Sign Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Sign Permit shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Sign Permit. When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign.

No public hearing is required prior to acting on an application for a Sign Permit.

In approving an application for a Sign Permit, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Sign Permit, the Director shall make the following findings:

A.

The sign is consistent with the adopted General Plan and any applicable Specific Plans.

B.

The sign meets all applicable standards for development, pursuant to Chapter 9.185 (Sign Regulations) and other provisions of this Title.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

Sign Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Sign Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Sign Permits shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100, Subsection (B) (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Sign Permit may be extended up to three (3) years in accordance with Section 9.30.100, Subsection (C) (Permit Time Limits, Expiration, and Extensions).

Any amendments affecting an approved Sign Permit shall be handled as a new application.

The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Similar Use Determination establishes a process for the review and possible addition of new uses to the allowed use tables without requiring a Zoning Code Amendment.

A Similar Use Determination may be applied when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted.

A.

Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Similar Use Determination shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Similar Use Determination.

No public hearing is required prior to taking action on an application for a Similar Use Determination.

In approving an application for a Similar Use Determination, the Director may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Similar Use Determination, the Director shall make all the following findings:

A.

The characteristics of and activities associated with the proposed use are equivalent to one (1) or more of the listed uses and will not involve a higher intensity of activity, density, or environmental impact than other uses permitted in the zone.

B.

The proposed use is consistent with the purposes of the applicable zone.

C.

The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable Specific Plan.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. Notice shall also be provided to members of the Planning Commission. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

Similar Use Determinations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Similar Use Determination are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

An approved Similar Use Determination does not expire.

No extensions of time are necessary, as an approved Similar Use Determination does not expire.

Any amendments affecting an approved Similar Use Determination shall be handled as a new application.

The Community Development Department shall maintain all such determinations on record for review by the public upon request.

The purpose of this Chapter is to establish procedures for adoption, maintenance, and administration of Specific Plans in accordance with the provisions of California Government Code sections 65450—65457 and as may be required for the implementation of the General Plan. The purpose of a Specific Plan is to establish policies and development standards that address area-specific issues. The Specific Plan serves as a regulatory document, consistent with the General Plan.

The following shall serve as a guide for the appropriate use of a Specific Plan:

A.

Where unique results or treatments are desired or in areas having sensitive environmental qualities.

B.

Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land, and mixed uses.

C.

Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval.

D.

Where it is more cost-effective to include, with the proposed project, a project-level Environmental Impact Report so that subsequent projects within the Specific Plan area would require no further environmental documentation or require only focused environmental reports.

A.

Application Filing and Processing. Applications for a Specific Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

General Plan Amendment Application and Fee Required. Initial approval of a Specific Plan requires amendment to the General Plan Land Use Map concurrent with the approval of the Specific Plan.

D.

Zone Change Application and Fee Required. Initial approval of a Specific Plan requires establishment of the Specific Plan (SP) Zone concurrent with approval of the Specific Plan.

Applications for a Specific Plan shall be reviewed and approved by the City Council as follows:

A.

Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Specific Plan.

B.

Approving Authority. The City Council is authorized to approve, alter, or deny an application for a Specific Plan.

The Planning Commission shall hold a public hearing to make a recommendation on an application for a Specific Plan. The recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Specific Plan. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Specific Plan, the City Council may make alterations to the proposal to ensure that the Specific Plan will comply with the required findings. Any substantial alteration made to the proposed Specific Plan that was not previously considered by the Planning Commission must be referred back for its recommendation.

Prior to approving an application for a Specific Plan, the City Council shall make all the following findings, which shall be made by ordinance:

A.

The Specific Plan is consistent with the intent of the goals and policies of the General Plan and is not inconsistent with any element thereof.

B.

The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

C.

The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species.

D.

The Specific Plan provides for the protection of the health, safety, and/or general welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Specific Plans shall become effective on the 31 ^st day following the date of approval.

Actions taken by the City Council on an application for a Specific Plan are final and are not subject to appeal.

Approved Specific Plans do not expire.

No extensions of time are necessary as an approved Specific Plan does not expire.

An applicant may request an amendment to an approved Specific Plan after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with the provisions outlined in the Specific Plan. Where no such provisions are provided, amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

A Specific Plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, Specific Plans shall include:

A.

A statement of the relationship of the Specific Plan to the General Plan.

B.

A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.

C.

All permitted uses and land use densities and intensities.

D.

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

E.

A map and/or text specifying the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, energy, and other essential facilities in the Specific Plan area.

F.

Public works projects, programs, and implementation measures necessary to carry out the Specific Plan's stated purpose.

G.

A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the above noted provisions of the Specific Plan.

H.

Criteria for when a modification or amendment to a Specific Plan is required and a process for review and approval of said modification or amendment.

A.

Concurrent with approval of the Specific Plan by the City Council, the General Plan Land Use Map shall be amended to identify the area covered by the plan.

B.

The approved Specific Plan shall be filed in the office of the City Clerk and in the Community Development Department.

Allowed uses, development standards, procedural regulations, and other provisions of this Title shall apply within a Specific Plan except where they conflict with provisions of the Specific Plan.

The purpose of this Chapter is to define the procedures for review and approval of permitted uses and associated site development. This Chapter establishes a discretionary review process for review and approval of permitted uses and the associated site development to ensure that uses are designed, located, and operated in a manner that is compatible with uses on adjacent and nearby properties.

A.

Site Plan Review Required. A Site Plan Review is required prior to establishment of any permitted use as indicated with a "P" on the allowed use tables contained in Chapter 9.120 (Residential Zones) through Chapter 9.145 (Overlay Districts), except as identified in Subsection (B) (Exceptions) of this Section.

B.

Exceptions. Uses occupying an existing building and meeting either of the following criteria shall be processed pursuant to Chapter 9.105 (Zone Clearance).

1.

Where no exterior physical improvements are proposed.

2.

Where only exterior façade or minor elevation changes are proposed.

A.

Application Filing and Processing. Applications for a Site Plan Review shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

Additional Applications and Fees May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this Chapter, a separate application for a Minor Conditional Use Permit or Major Conditional Use Permit, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

Applications for a Site Plan Review shall be reviewed and approved by the Director. As the approving authority, the Director is authorized to approve, approve with conditions, or deny an application for a Site Plan Review.

No public hearing is required prior to action on an application for a Site Plan Review.

In approving an application for a Site Plan Review, the Director may impose reasonable and appropriate conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Site Plan Review, the approving authority shall make all the following findings:

A.

The proposed project is consistent with the adopted General Plan and any applicable Specific Plan.

B.

The proposed project meets all applicable standards for development and provisions of this Title.

C.

The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

Site Plan Reviews shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Site Plan Reviews are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Site Plan Reviews shall expire two (2) years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

Site Plan Reviews may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

An applicant may request an amendment to an approved Site Plan Review after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

The purpose of this Chapter is to establish a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zoning regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zone.

An application for a Variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a Variance. The provisions of this Chapter shall not apply to public safety regulations based on authority mandated by State law or other ordinances.

A.

Application Filing and Processing. Applications for a Variance shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Variance shall be reviewed and approved by the designated authority as follows:

A.

Recommending Authority. The Director shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Variance.

B.

Approving Authority. The Planning Commission is authorized to approve, conditionally approve, or deny an application for a Variance.

A public hearing is required prior to taking action on an application for a Variance. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Variance, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A.

Requirements for special building setbacks, open spaces, buffers, fences, walls, landscaping, and screening.

B.

Requirements for installation and maintenance of landscaping and erosion control measures.

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for increased security.

G.

Requirements for periodic review.

H.

Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I.

Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Variance, the approving authority shall make all the following findings:

A.

There are exceptional and/or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone.

B.

Granting of the Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zone.

C.

Granting of the Variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.

D.

Granting of the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.

E.

Granting of the Variance does not allow a use or activity which is prohibited by the zone in which the property is located.

F.

Granting of the Variance will not be inconsistent with the goals and policies of the adopted General Plan or applicable Specific Plan.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Variances shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on applications for a Variance are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

A.

Variances shall expire one (1) year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.100 (Permit Time Limits, Expiration, and Extensions).

B.

Exceptions. A Variance may be valid for a longer period if specified by the approving authority.

Variances may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Amendments to an approved Variance shall be processed as a new application.

Temporary use permits provide a process for review of short-term activities that may not meet the normal development standards of the applicable zone but may be acceptable because of their temporary nature. The intent of these regulations is to establish a process for the review of temporary uses and to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

A.

Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use listed below or as otherwise required by this Title.

1.

Weekend promotional events for businesses located within a commercial district or the FBC district.

2.

Farmers markets.

3.

Outdoor art and craft show exhibits.

4.

Patriotic, holiday, historic, or similar displays.

5.

Seasonal sales.

6.

Traveling amusement enterprises, such as circuses, carnivals, concerts, rodeos, pony riding, or similar.

7.

Model homes.

8.

Mobile office trailers.

9.

Trailer coaches for temporary living.

10.

Temporary use of structures.

11.

Garage sales exceeding the timeframes of Subsection (B)(3) of this Section.

12.

Mobile food trucks.

13.

Additional uses and corresponding regulations determined by the Director.

B.

Temporary Use Permit Not Required. The following temporary uses and activities do not require a permit but are subject to all applicable standards as specified.

1.

Seasonal retail sales of agricultural products raised on the same premises, limited to ninety (90) days in a calendar year and when parking and access is provided to the satisfaction of the Director.

2.

Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the public during the stop. Mobile food truck operations shall be limited to no more than two (2) meal periods per day, up to two (2) hours for each meal period.

3.

Garage sales, limited to the first consecutive Friday, Saturday, and Sunday of each month.

4.

Construction office trailers and model home/sales offices for the lease or sale of residential property.

C.

Exempt Uses. The following uses are exempt from the requirements of this Chapter:

1.

City, State, federal, school district, or other public agencies' event when conducted wholly on that agency's public property or with the consent of another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets.

2.

Homeowners' association events conducted wholly in common areas within the boundaries of the association, and which do not impact public streets or other public facilities.

3.

Temporary emergency facilities to accommodate emergency public health and safety needs and activities.

4.

Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and is active and the materials and equipment are stored on the same site as the construction activity.

5.

Storage containers, storage pods, and similar, provided they are placed on a driveway or other improved surface, and do not encroach into the sidewalk or right-of-way, and for no more than thirty (30) consecutive days.

D.

Additional Permits May Be Required. Other permits or licenses may be required for approval prior to or concurrent with the Temporary Use Permit, such as an encroachment permit or business license.

A.

Application Filing and Processing. Applications for a Temporary Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C.

Timing of Application. A complete application for a Temporary Use Permit should be submitted at least thirty (30) days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, including noticing (if necessary) and appeal time.

Applications for a Temporary Use Permit shall be reviewed and approved by the Community Development Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Temporary Use Permit.

No public hearing is required prior to action on an application for a Temporary Use Permit.

In approving an application for a Temporary Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A.

Requirements for special setbacks, buffers, or temporary fences, walls, and/or screening.

B.

Regulation of vehicular ingress, egress, and traffic circulation.

C.

Regulation of hours of operation or other characteristics of operation.

D.

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors, and heat.

E.

Regulation of temporary structures and facilities.

F.

Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services.

G.

Provision for solid, hazardous and toxic waste collection and disposal.

H.

Requirements for security.

I.

Requirements for special parking or traffic control measures.

J.

Requirements for the issuance of a cash performance bond deposited with the City to defray the City's costs of providing services or cleaning up the property in the event the permittee fails to do so.

K.

Requirements for an Additional Insured Endorsement of public liability insurance, naming the City of Fowler as an additional named insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability specified per claim or occurrence.

L.

Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Temporary Use Permit, the approving authority shall make all the following findings:

A.

The proposed temporary use is compatible with the zone, nature, character, and use of the surrounding area.

B.

The temporary use will not adversely affect the adjacent uses or structures.

C.

The temporary use is consistent with the applicable development and operational standards and other provisions of this Title.

D.

The nature of the temporary use is not detrimental to the public health, safety, or welfare of the community.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:

A.

The application request as acted upon by the approving authority.

B.

The action taken by the approving authority.

C.

Findings as listed for the permit.

D.

The deadlines, criteria, and fees for filing an appeal.

Temporary Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Temporary Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Temporary Use Permits granted pursuant to this Chapter shall be for a fixed period as stated by this Chapter or in the conditions of approval.

No extensions of time are permitted for an approved Temporary Use Permit.

Modifications to an approved Temporary Use Permit shall be processed as a new application.

Temporary Use Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license, as applicable.

The following standards shall apply to all temporary activities and uses, where applicable:

A.

The applicable permit(s) shall be posted on the premises where the event is conducted, and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring.

B.

Any temporary facilities or structures used will be removed from the site within a reasonable time following the event and the property will be restored to no worse than its former condition. Submission of a performance bond or other surety devices may be required at this discretion of the City.

C.

The permittee will reimburse the City for the actual cost of repair or replacement, including labor and overhead, if City property is damaged or destroyed as a result of the temporary use. The City may require a deposit therefor if the damage reasonably may be anticipated, as determined by the City.

D.

Deposit for traffic control and/or clean up fees are required unless already provided with an encroachment permit.

E.

The permittee and/or property owner shall enter into an indemnification and hold harmless agreement for use of City property.

The following standards shall apply to the specified temporary activity or use:

A.

Weekend Promotional Events. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions:

1.

Merchandise displayed or sold must be customarily sold on the premises by a permanently established business.

2.

The maximum number of consecutive days for any one (1) event shall not exceed three (3) calendar days to a maximum of two (2) times per calendar year.

3.

Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed thirty-six (36) hours and takedown shall not exceed thirty-six (36) hours unless otherwise authorized by the Community Development Director.

B.

Farmer's Markets. Farmer's Markets shall be limited to no more than one (1) day per week for one calendar year.

C.

Outdoor Art and Craft Shows. Outdoor art and craft shows and exhibits shall not exceed fifteen (15) days of operation in any 90-day period.

D.

Patriotic, Holiday, or Similar Displays. Patriotic, holiday, or similar displays or exhibits within parking or landscaped areas shall be limited to fifteen (15) days of display in any 90-day period for each exhibit.

E.

Seasonal Sales. Seasonal sales, including Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales.

1.

All such uses shall be limited to no more than thirty (30) consecutive calendar days of operation to a maximum of two (2) times in any calendar year.

2.

All lighting shall be directed away from and shielded from adjacent residential uses.

3.

Christmas tree sales lot signage shall not exceed the standards of the zone in which the sales lot is located.

F.

Traveling Amusement Enterprises. Circuses, carnivals, concerts, rodeos, pony riding, or similar traveling amusement enterprises.

1.

All such uses shall be limited to not more than fifteen (15) days, or more than three (3) weekends, of operation in any 180-day period. This time limitation may be exceeded, subject to the review and approval of a Conditional Use Permit in accordance with Chapter 9.35 (Conditional Use Permit).

2.

All such activities shall have a minimum setback of one hundred (100) feet from any residential district or use. This may be waived by the Director if no adverse impacts would result.

3.

Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director.

4.

Restrooms shall be provided.

5.

Security personnel shall be provided.

6.

Special, designated parking accommodations for workers and support vehicles shall be provided.

7.

Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director.

G.

Model Homes. Model homes may be used as offices for the first sale of homes within a recorded tract subject to the following conditions:

1.

The sales office may be located in a garage, trailer, or dwelling.

2.

Approval shall be for two (2) years at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years.

3.

Flags, pennants, or other on-site advertising shall be regulated pursuant to Chapter 9.180 (Sign Regulations).

H.

Mobile Office Trailers. Mobile office trailers at a construction site may be installed subject to the following conditions:

1.

Installation of trailer coaches may occur only after a valid building permit has been issued.

2.

Approval shall be for two (2) years. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years. Trailers shall be removed within thirty (30) days after the issuance of a Certificate of Occupancy.

I.

Trailer Coaches for Temporary Living. Trailer coaches may be used as temporary living quarters for the property owner or resident subject to the following conditions:

1.

The property owner shall provide written authorization for the placement and use of a trailer coach in the manner specified herein.

2.

Installation of trailer coaches may occur only after a valid building permit has been issued.

3.

Approval shall be for two (2) years. Extensions may be granted by the Director in one-year increments up to a maximum of four years. Trailers shall be removed within thirty (30) days after the issuance of a Certificate of Occupancy.

J.

Temporary Use of Structures.

1.

Use permits granted pursuant to this Section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six (6) months for all other uses or structures.

2.

Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. A security officer may be required for promotional events.

3.

Reasonable time limits for other uses may be set by the Director.

K.

Garage Sales. Garage or yard sales occurring outside the specified timeframe in Subsection (B)(2) of Section 9.100.020 (Applicability) may be conducted up to two (2) times per year and shall be limited to no more than three (3) consecutive days per event.

The purpose of a Zone Clearance is to ensure that all new and modified uses or structures requiring a permit and approval from City Departments outside the Community Development Department comply with applicable provisions of this Title.

A Zone Clearance is required for the following actions:

A.

Modifications to parking and circulation configurations which change parking areas or internal circulation patterns but do not change the number of parking spaces, or patterns of ingress and egress.

B.

All structures that require a Building Permit.

C.

All planning permit approvals to ensure compliance with applicable conditions of approval.

D.

Other City applications that may be subject to the provisions of this Title, including, but not limited to, business license, encroachment, and grading and improvement plans.

A Zone Clearance requires no separate application or fee through the Community Development Department.

A Zone Clearance is processed as part of a related City action, such as a Building Permit application or business license, and is approved by the Community Development Director.

No public hearing is required prior to review of a Zone Clearance.

In approving a Zone Clearance, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving a Zone Clearance, the approving authority must find the proposal to be in conformance with all applicable provisions of this Title.

Approval of a Zone Clearance shall be issued as part of a related action, such as a Building Permit application or business license. No separate written notice of decision is required by the Community Development Department.

A Zone Clearance shall become effective immediately following approval of the related action, such as a Building Permit application or business license.

A Zone Clearance is a ministerial action and is not subject to appeal.

When related to another City approval, an approved Zone Clearance shall expire concurrent with the expiration of the related approval.

An extension of time for an approved Zone Clearance shall be consistent with an extension of time as may be granted for the related action.

Any amendments to an approved Zone Clearance shall be processed as a new Zone Clearance review.

This Chapter establishes procedures for review of amendments to this Title. These include changes to the zoning map, or rezone, of this Title (Zoning Map Amendment) and/or amendments to or deletions from the text of this Title (Zoning Code Amendment).

A Zoning Code or Zoning Map Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of zone on the Zoning Map for any parcel(s).

A.

Application Filing and Processing. Applications for a Zoning Code or Zoning Map Amendment shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Zoning Code or Zoning Map Amendment shall be reviewed and approved by the designated authority as follows:

A.

Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a Zoning Code or Zoning Map Amendment.

B.

Approving Authority. The City Council is authorized to approve, deny, or, per Section 9.110.060 (Modifications by City Council) modify an application for a Zoning Code or Zoning Map Amendment.

The recommending authority shall hold a public hearing to make a recommendation on a Zoning Code or Zoning Map Amendment application. The recommendation shall be forwarded to the approving authority. The approving authority shall hold a public hearing prior to taking action on a Zoning Code or Zoning Map Amendment application. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Zoning Code or Zoning Map Amendment, the City Council may make modifications to the proposal to ensure that the approval will comply with the required findings. Any substantial modification made to the proposed Zoning Code or Zoning Map Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation unless the modification is more restrictive or reduces the area under consideration.

Prior to approving an application for a Zoning Code or Zoning Map Amendment, the approving authority shall make all the following findings, which shall be made by ordinance:

A.

The Zoning Code or Zoning Map Amendment is consistent with the intent of the goals and policies of the General Plan.

B.

The Zoning Code or Zoning Map Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

C.

The Zoning Code or Zoning Map Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

D.

The Zoning Code or Zoning Map Amendment ensures protection of the general health, safety, and welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, subsection (G) (Notice of Decision).

Zoning Code or Zoning Map Amendments shall become effective on the 31 ^st day following the date of approval.

Actions taken by the City Council on an application for a Zoning Code or Zoning Map Amendment are final and are not subject to appeal.

Approved Zoning Code or Zoning Map Amendments do not expire.

No extensions of time are necessary as an approved Zoning Code or Zoning Map Amendment does not expire.

Any amendments affecting an approved Zoning Code or Zoning Map Amendment shall be handled as a new application.

A.

Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.

B.

Review Process. The method of accomplishing prezoning shall be the same as for a Zoning Map Amendment.

C.

Effective Date. Such prezoning shall become effective at the time annexation becomes effective, but not before the 31 ^st day following approval of the prezoning.