Application contents. The preparation and filing of applications for land use permits, amendments (e.g., General Plan, Zoning Map, or Development Code), and any other matters pertaining to this Development Code shall comply with the following requirements:

Eligibility for filing. Applications may be made by the owner of the subject property or by a lessee or any other person, with the written consent of the property owner.

Time for filing. Any land use permit required by this Development Code shall be filed with the City Planner, processed and approved before the approval of any Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or structure.

Refunds and withdrawals. Recognizing that filing fees cover the costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the City Council in compliance with Section 17.140.030 (Filing and Processing of Appeals). In the case of a withdrawal, the City Planner may authorize a partial refund based upon the City Planner's determination of pro-rated costs to-date and the status of the application at the time of withdrawal.

City Council payment of fees. The City Council may elect to pay the filing fees in only the following situations:

Completeness review. The City Planner shall review all applications for completeness and accuracy before they are accepted as being complete for processing.

Referral of application. At the discretion of the City Planner, or where otherwise required by this Development Code, State or Federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

Environmental assessment.

Project review procedures. Each application shall be analyzed by the City Planner to ensure that the proposed uses/activities and development are consistent with the content, purpose, and intent of this Development Code, any applicable design guidelines, the CEQA Guidelines, the General Plan, and any applicable Specific Plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer.

Notice and hearings. A land use permit application will be scheduled for a public hearing only after the City Planner has determined the application complete, in compliance with Section 17.70.060(A) (Initial Application Review/Environmental Assessment - Completeness Review). Noticing of the public hearing will be given in compliance with Chapter 17.180 (Public Hearings).

Expiration and extensions. Time limits for the expiration of approved land use permits, and procedures for obtaining extensions of time are established by Chapter 17.84 (Permit Implementation, Time Limits, and Extensions).

Phasing. Requirements for the development of approved projects in multiple phases are established by Chapter 17.84 (Permit Implementation, Time Limits, and Extensions).

Building Permit. Building Permits may be issued after all applicable terms and conditions of the land use permit approval have been satisfied. Any land use permit issued in compliance with this Development Code shall conform to all applicable provisions of this Development Code.

Certificate of Occupancy. The Certificate of Occupancy may be issued after all conditions have been fulfilled to the satisfaction of the City Planner.

Minor changes. The City Planner may approve minor changes (e.g., colors, elevations, exterior materials, hours of operation, landscaping, walls/fences, etc.) to required conditions and operating standards of an approved land use permit. The minor changes shall be in compliance with Section 17.84.070 (Changes to an Approved Project).

Major changes. The original review authority may approve major changes to required conditions and operating standards of an approved permit or entitlement, in compliance with Section 17.84.070 (Changes to an Approved Project). The requirements and procedures contained in this Development Code shall apply to any application for a major change, which shall constitute a project requiring environmental review under CEQA.

Performance guarantee. The applicant/owner may be required to provide adequate performance security in compliance with Section 17.84.040 (Performance Guarantees) for the faithful performance of any/all conditions of approval imposed by the review authority.

Revocation. The original review authority may revoke or modify a land use permit approval in compliance with Chapter 17.190 (Revocations and Modifications).

Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the City Planner where an existing, new, or modified nonresidential structure(s) containing up to 7,500 square feet of total gross floor area (5,000 square feet in the Historic Commercial and Industrial/Manufacturing zoning districts) or disturbing up to 26,000 square feet of total site area is proposed to be used or constructed or where an existing, new, or modified residential structure(s) with 10 or less residential units is proposed to be used or constructed. Refer to Section 17.06.040(B)(1)(a) (Zoning District Regulations).

Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. The approval of a Development Permit, in compliance with Chapter 17.74 (Development Permits) shall be required for additions to projects that would bring (1) the total project floor area for nonresidential structure(s) to 7,500 square feet or more (5,000 square feet or more for projects located within the Historic Commercial and Industrial zoning districts); (2) the total disturbance area to 26,000 square feet or more; or (3) the total number of residential units to eleven or more units.

Project review procedures. Each application shall be analyzed by the City Planner to ensure that the application is consistent with the content, purpose, and intent of this Chapter, this Development Code, any applicable design guidelines, the General Plan, and any applicable Specific Plan.

Issuance of a Zoning Clearance.

Time limits, expiration. The Zoning Clearance shall be valid for the same time period that the companion Building and/or Grading Permit is in force or 120 days, where no Building and/or Grading Permit is required. Construction shall commence and shall be completed in accordance with the time limits established by Section 17.84.050 (Time Limits, Phasing, and Extensions).

The proposed development is:

The Site Plan is in compliance with the requirements of the California Environmental Quality Act (CEQA); and

There are adequate provisions for public and emergency vehicle access, pedestrian access, fire protection, sanitation, water, drainage, erosion control, and public utilities to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land.

In approving a site plan, the Site Plan Review Committee shall have authority to impose such conditions as it deems necessary to protect the best interests of the surrounding neighborhood and the public health, safety, and welfare in line with the standards set forth in this title and with the general plan.

Any applicant for a building permit under the provisions of this Chapter who is dissatisfied with the decision of the Site Plan Review Committee may appeal such decision to the Planning Commission by filing with the City Clerk a written notice of appeal. Such notice must be filed within 10 calendar days after the date on which the decision of the Site Plan Review Committee is made, and shall set forth the specific ground or grounds of such appeal. The City Clerk shall forthwith set the matter for hearing before the Planning Commission and shall cause notice thereof to be mailed to the applicant not less than five days before such hearing. Such hearing may be continued from time to time, and upon the conclusion thereof, the Planning Commission shall promptly make a final decision in the matter.

Any applicant dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by following the same procedure as described above.

This Chapter establishes procedures for the review, and approval or denial of Development Permits, which are required by Article II (Zoning Districts and Allowable Land Uses) for land use activities with total project floor area of 7,500 square feet or more or total disturbance area of 26,000 square feet or more, or eleven or more residential units.

The review process begins with the recognition that the proposed use/construction is allowed in the zoning district, and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties.

The process includes the filing of a site plan with the City Planner to verify compliance with all applicable land use development standards, any applicable design guidelines, and the requirements of other City departments.

When required. Development Permit approval may be granted by the Planning Commission for land use activities or structure(s) identified in Article II (Zoning Districts and Allowable Land Uses) as an allowed use as follows:

Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. Additions to projects that would bring the total project square footage to 7,500 square feet or the total disturbance area to 26,000 square feet or more, or the total number of multi-family residential units to eleven or more requires the approval of a Development Permit. Modifications or additions to nonresidential structure(s) that contain 7,500 square feet or more of total gross floor area or residential structure(s) that contain eleven or more residential units shall require the approval of a new Development Permit or modifications of a Development Permit unless the modifications or additions may be authorized by the City Planner as a minor change to an approved project in compliance with Section 17.84.070(B)(1) (Changes to an Approved Project - Extent of changes allowed-Minor changes).

Other permits. A Development Permit shall be required before the approval of any Building, Grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

The proposed development is:

The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;

The Development Permit approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and

There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land;

The subject site is:

The proposed development is consistent with all applicable regulations of the Amador County Department of Environmental Health and the City of Jackson Fire Department for the transport, use, and disposal of hazardous materials.

This Chapter establishes procedures for the review, and approval or denial of Use Permits and Minor Use Permits, which are required by Article II (Zoning Districts and Allowable Land Uses) for land use activities which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effects on a site and surroundings cannot be determined before being proposed for a particular location.

The review process begins with the evaluation of the proposed use/construction to determine if the activity should be allowed on the subject site.

The process includes the review of the configuration, design, location, and potential impact(s) of the proposed use/construction by comparing it to established development standards and design guidelines.

Minor Use Permits. A Minor Use Permit may be granted by the Site Plan Review Committee for the following land use activities or structure(s) in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) as requiring a Minor Use Permit:

Use Permits. Use Permits may be granted by the Planning Commission for:

Other permits. A Use Permit or Minor Use Permit shall be required before the approval of any Building, Grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

The proposed development is:

The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;

The Use Permit approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted;

The design, location, size, and operating characteristics of the proposed development would be compatible with the existing and future land uses in the vicinity;

Granting the Use Permit would not be detrimental to the public health, safety, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

The site for the proposed use is:

There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land.

The proposed development is consistent with all applicable regulations of the Amador County Department of Environmental Health and the City of Jackson Fire Department for the transport, use, and disposal of hazardous materials.

Review authority may impose conditions. In approving a Use Permit, the Site Plan Review Committee or Planning Commission may impose specific development conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.76.030 (Findings and Decision).

Examples of appropriate conditions. Appropriate conditions may include but not be limited to buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, periodic review of the permit with authority to modify or add new conditions based on the results of the review, property maintenance, signs, specified duration for the permit, surfacing, traffic circulation, etc.

When required. All projects that require a land use or building permit or will affect the exterior appearance of any building or property within the HC zone shall be subject to Historic Design Review in compliance with this Chapter. In addition, public projects such as sidewalk installation, traffic circle installation, and other streetscape and pedestrian / bicycle improvement projects within the HC district shall be subject to Historic Design review.

Building permits. No building permit shall be issued for any project until the project has been evaluated through the Historic Design Review process, and a Certificate of Appropriateness has been granted, and the appropriate land use permit has been issued.

Commencement of review. The Historic Design Review process is initiated when the City Planner receives a complete application. The application package shall include all plans, elevations, specifications, sample materials, signage, etc. as specified in the application and any additional information required by the City Planner in order to conduct a thorough review of the proposed project. The materials in the application should be of presentation quality.

Review with other permits. Historic Design Review for projects that require the approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority acting on the project application. The City Planner shall prepare a report for the review authority outlining the findings and any conditions relating to the Historic Design Review prior to the review authority's consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

Review by Design Review Committee. The Historic Design Review application shall be forwarded to the Design Review Committee (DRC) for review. The DRC shall review the application in accordance with the requirements of this Chapter and the Historic Design Guidelines and forward a recommendation of approval, conditional approval, or denial to the City Planner. The City Planner may exempt applications from review by the DRC if the application is minor in nature or a quorum of the DRC cannot be called within a reasonable period of time for the City Planner to review the land use permit within the time limits imposed by this Development Code.

Factors to be considered. In conducting a Historic Design Review for a particular project, the City Planner shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties in general. Historic Design Review shall be conducted by comparing the proposed project to applicable General Plan policies, adopted development standards, Historic Design Guidelines, and other applicable ordinances of the City.

Reference to Historic Design Guidelines. In reviewing projects subject to the requirements of this Section, the City Planner shall refer to Chapter 17.20.080 (Historic Corridor (hc) Overlay) in order to provide guidance to applicants seeking to comply with the requirements of this Chapter.

Action, conditions. The City Planner may approve or recommend approval of a Certificate of Appropriateness in accordance with Section 17.77.040 (Findings and Decision for Certificate of Appropriateness). The City Planner may impose conditions to ensure that the project would meet all of the required findings. Conditions may relate to both on-and off-site improvements that are necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the respective zoning district.

Revised plans. Where conditions are imposed that may substantially alter a proposed project, the applicant may be requested to submit revised plans at the discretion of the City Planner.

Approval. The City Planner or review authority may grant a Certificate of Appropriateness with or without conditions, only if all of the following findings can be made:

Denial. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for denial. The City Planner shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the City Planner to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the City Planner. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the City Planner.

All work performed under a Building Permit for which project drawings and plans received a Certificate of Appropriateness shall conform to the approved drawings and plans and any conditions of approval.

Any modifications to or deviations from the drawings and plans approved under this Chapter shall be approved by the City Planner. In the case of a discretionary permit, the City Planner may approve minor modifications but the original review authority shall review and approve any major modifications.

This Chapter is intended to promote and encourage maximum flexibility in site planning, property development, design, and open space areas, while protecting the public health, safety, welfare, integrity, and character of the City, and ensuring consistency with the General Plan and any applicable Specific Plan.

Planned Developments are encouraged and expected to produce a comprehensive development of greater quality than those normally resulting from the more traditional development review process.

Project review shall determine whether the proposed planned development should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effect(s) it may cause.

Use of Planned Development. A Planned Development may be requested by a property owner for any residential development project in any residential zoning district, any commercial development in any commercial zoning district, any industrial/manufacturing development project in any manufacturing zoning district, or any development in the Public zoning district.

Compliance with General Plan. Strict compliance with the purpose and intent of the General Plan and any applicable Specific Plan shall be required.

The proposed development is:

The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from the strict application of the provisions and standards identified in this Development Code;

The proposed development is consistent with the design guidelines, achieves the overall design objectives of the design guidelines, and would not impair the design and architectural integrity and character of the surrounding neighborhood;

There are adequate provisions for public and emergency vehicle access, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land;

The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public health, safety, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

The approval of the Planned Development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that could not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted; and

The subject site is:

The proposed development is consistent with all applicable regulations of the Amador County Department of Environmental Health and the City of Jackson Fire Department for the transport, use, and disposal of hazardous materials.

City Planner's review. This Chapter establishes a process for the City Planner's review of a proposed temporary use to ensure basic health, safety, and community welfare standards are met, and only suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use are approved.

Related provisions. This Chapter shall be considered and used together with the Allowed Uses and Permit Requirements tables in Article II (Zoning Districts and Allowable Land Uses) and Chapter 17.62 (Temporary Uses and Events), which identifies the following additional information regarding the applicability of a Temporary Use Permit:

Adequate parking would be provided in areas not located within the public right-of-way or affecting an existing parking area so as to interfere with more than 10 percent of on-site parking, established disabled accessible parking, or with vehicular or pedestrian circulation;

The proposed temporary use is in compliance with all applicable City, State, and Federal laws;

The Fire Chief has determined that the proposed use would not create a fire safety hazard;

The subject property is located within a commercial, industrial, or public use zoning district;

If the use is occurring on City owned property, permission from the City Manager or his or her designee has been obtained;

Operation of the use would not create adverse traffic safety impacts nor result in detrimental impacts upon the neighborhood in which it is to be located;

The establishment, maintenance, or operation of the temporary use would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed use; and

Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code.

Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. The City Planner may require a cash surety as a condition of approval to ensure the site restoration and adequate cleanup after the use is finished; and

Revocation. The City Planner may revoke or modify a Temporary Use Permit with only a 24-hour notice, in compliance with Chapter 17.190 (Revocations and Modifications).

Adjustments allowed. The Site Review Committee may grant an adjustment from the requirements of this Development Code governing only the following development standards, unless the requested adjustment(s) involves a project that is otherwise part of a permit, entitlement, or modification requiring Planning Commission action. In those instances, the Planning Commission shall have the authority to review and decide the Variance application at the same time that they consider the companion permit, entitlement, or modification:

Adjustments prohibited. The power to grant Variances does not include the authority to allow a use of land not normally allowed in the applicable zoning district by Article II (Zoning Districts and Allowable Land Uses), or to modify residential density regulations.

Historic Variances. Variances from the requirements of this Development Code applicable to historic resources are subject to Section 17.82.050 (Historic Variances).

General findings. The following findings are required for all Variances:

Findings for off-street parking variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings shall be made in a positive manner, in compliance with State law (Government Code Section 65906.5):

Purpose. This Section provides for modifications and adjustments of the development standards of this Development Code only when the strict application of this Development Code may impair the ability of a historic resource to be properly used for adaptive reuse and/or to be altered in a manner that will have the least impact upon its historic character and the surrounding area. The intent of this Chapter is to grant Historic Variances only to the extent that they are necessary to achieve the objectives stated and no further.

Applicability.

Application filing, processing, and review. An application for Historic Variance shall be processed in the same manner as Variances as described in Section 17.82.030 (Findings and Decision), except as modified by the requirements of this Section. Prior to the Site Plan Review Committee taking action on the application, the application shall be forwarded to the Design Review Committee (DRC) for review. The DRC shall review the application in accordance with the requirements of this Section and Chapter 17.20.060 (Historic Corridor (hc) Overlay) and forward a recommendation to the review authority.

Findings and decision. Following a public hearing, the Site Plan Review Committee shall record the decision in writing with the findings upon which the decision is based. The Site Plan Review Committee may refer the application to the Planning Commission for review and decision. The Site Plan Review Committee or Planning Commission may approve a Historic Variance with or without conditions, only if all of the following findings can be made:

Conditions of approval. In approving an application for a Historic Variance, the Site Plan Review Committee or Planning Commission may impose conditions relating to the construction (both on-and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.82.050(D) (Variances and Historic Variances - Findings and Decision).

When required. Any and all actions that will result in the removal, relocation, tearing down, or demolition of a historic resource, or portion thereof, shall be subject to Demolition Review in compliance with this Chapter. This includes, but is not limited to, total demolition of a resource, or portion thereof, or partial demolition that is so extensive that it would result in the lowering of the survey rating for the resource.

Section 15064.5(a) of the California Environmental Quality Act Guidelines shall be used to determine what should be considered a historic resource.

Building permits. No building permit shall be issued for any demolition until the demolition has been evaluated through the Demolition Review process.

Commencement of review. The Demolition Review process is initiated when the City Planner receives completed applications for Demolition Review. The application packages shall include all plans, elevations, specifications, sample materials, etc. as specified in the application and any additional information required by the City Planner in order to conduct a thorough review of the proposed demolition.

Review with other permits. Demolition Review in conjunction with projects that require the approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority in compliance with Table 4-1 (Review Authority) and Section 17.70.030 (Concurrent Permit Processing). The City Planner shall prepare a report for the review authority outlining the findings and any conditions relating to the Demolition Review prior to the review authority's consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

Review by Design Review Committee. The Demolition Review application shall be forwarded to the Design Review Committee for review. The Committee shall review the application in accordance with the requirements of this Chapter and the Historic Design Guidelines and forward a recommendation of approval, conditional approval, or denial to the Planning Commission.

Factors to be considered. In conducting a Demolition Review for a particular project, the Planning Commission shall consider the classification category of the historic resource (Category A, B, or C below) and the location and the overall effect of the proposed demolition upon surrounding properties and the Historic Corridor in general. Demolition Review shall be conducted by comparing the proposed demolition to applicable General Plan policies, adopted development standards, design guidelines, CEQA Guidelines Section 15064.5 (Determining the Significance of Impacts to Archeological and Historical Resources), and other applicable ordinances of the City. The Planning Commission may require an Environmental Impact Report be prepared for demolition of structures listed on the National Register.

Action, conditions. The Planning Commission may approve or recommend approval of the design of a proposed demolition in compliance with Section 17.83.040 (Findings and Decision). The Planning Commission may impose conditions upon the demolition to ensure that the project would meet all of the required findings.

Exemption. The Planning Commission may exempt a Demolition Review application from the requirements of this Chapter and authorize the removal or demolition of a historic resource if the historic resource poses an immediate danger to the health, safety, or welfare of the occupants, the owner, or that of the general public, and immediate action must be taken on the application to safeguard the public health, safety, and welfare.

The Design Review Committee may refer any application to the Planning Commission for review and decision.

Category A (Essential Rating) and Category B (Contributing Rating) Resources. The Demolition Review Committee may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

Category C (Supporting Rating) Resources. The Design Review Committee may grant Demolition Review approval with or without conditions, only if one of the following findings can be made:

Any conviction of an infraction or misdemeanor under the provisions of this Development Code for violating any provision of this Chapter shall be punishable by a fine of not more than $1,000.

Within 18 months of the date of demolition of a historic resource demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the owner of the property shall replace the historic resource with a building reconstructed to replicate the resource from a period of the historic significance of the resource, and the reconstruction of the building shall be done in accordance with the "Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings" as set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

On properties on which an historic resource has been demolished in violation of this Chapter, or permits issued in compliance with this Chapter, the City shall not approve or authorize any change in the use of land or structures, including such non-structural uses such as parking lots, for a period of five years from the date of demolition of the historic resource. The City shall not approve or authorize an increase in floor area or lot coverage which was in existence prior to demolition of the historic resource for an approved replacement use for a period of five years from the date of demolition of the historic resource.

Effective after appeal period. Development Permits, Planned Developments, Temporary Use Permits, Use Permits, and Variances shall become effective the day after the appeal period has ended, provided that no appeal of the review authority's approval has been filed in compliance with Chapter 17.140 (Appeals).

Appeal of City Planner's action. If the appeal of a decision by the City Planner is filed in a timely manner, the permit or entitlement shall be placed on hold pending the final decision on the appeal by the Planning Commission.

Planning Commission's action. If the appeal of a decision by the City Planner is denied by the Planning Commission, the permit or entitlement shall become effective on the day after the appeal period has ended, provided that no appeal of the Planning Commission's action has been filed.

Appeal of Site Plan or Design Review Committees and Planning Commission's action. If the appeal of a decision by the Site Plan or Design Review Committees or Planning Commission is filed in a timely manner, the permit or entitlement shall be placed on hold pending the final decision on the appeal by the City Council.

City Council's action is final.

If the City Council denies the appeal on a decision by the Site Plan or Design Review Committees or Planning Commission, or modifies the approval of the permit or entitlement, the permit or entitlement shall become effective immediately following the City Council's action.

If the appeal of a decision by the Planning Commission is approved and the permit or entitlement is denied by the City Council on appeal, the permit or entitlement shall be deemed void.

Time limits. Unless conditions of approval establish a different time limit, any land use permit or entitlement, except a Zoning Clearance, not exercised within two years of approval, including any extension(s), whichever is greater, shall be deemed expired. A Zoning Clearance not exercised within one year of the issuance of the building and/or grading permit, or 120 days where no building and/or grading permit is required, shall be deemed expired.

Phasing.

Extensions of time. Upon the filing of a request for extension by the applicant, the original review authority may extend the time to establish an approved use.

City Planner's review. The City Planner shall review all applications for time extensions for Building Permits before they are granted by the Building Official.

Purpose of review. The City Planner's review shall determine that the development project, covered by the Building Permit, remains in full compliance with this Development Code.

Findings. The Building Official shall not grant the requested time extension if:

Application requirements. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction begins, or establishment and operation of the approved land use.

Extent of changes allowed. Generally, minor changes to an approved project may be authorized by the City Planner while major changes shall only be authorized by the original review authority, unless expressly stated otherwise by the conditions of approval imposed on the project, as follows:

Time limit for resubmittals. When an application for a land use permit, or modification to a land use permit, is denied, no application for the same or substantially similar permit or modification for the same site shall be filed in whole, or in part, within six months of the date of denial, except as may be specified at the time of denial.

Action of City Planner. The City Planner shall determine whether the new application is for a land use permit, or modification, which is the same or substantially similar to the previously denied permit, or modification.

Effective date. The decision of the City Planner shall become effective the day after the appeal period has ended, provided that no appeal of the City Planner's decision has been filed in compliance with Chapter 17.140 (Appeals).

Covenant may be required. When necessary to achieve the land use goals of the City, the City may require a property owner(s) holding property in common ownership to execute and record a Covenant of Easement in favor of the City and providing for air access, emergency access, landscaping, light, and parking access, or for open space. The Covenant may be imposed as a condition of approval by the City Planner, Site Plan Review Committee, Planning Commission, or City Council.

Form of Covenant. The Covenant of Easement shall describe the real property to be subject to the easement and the real property to be benefited by the easement. The Covenant shall also identify the approval or permit granted which relied upon or required the Covenant. The form of the Covenant shall be approved by the City Attorney.

Effect of Covenant. The Covenant shall be effective when recorded and shall act as an easement in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to conveyance of the affected real property. From and after the time of its recordation, the Covenant shall impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding upon, and the benefits of the Covenant shall inure to, all successors-in-interest to the real property.

Enforceability of Covenant. The Covenant shall be enforceable by the successor(s)-in-interest to the real property benefited by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

Release of Covenant. The Covenant may be released by the City at the City's discretion, at the request of any person, in accordance with Chapter 17.88 (Vacations).

Fees. The City may impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the City's Schedule of Fees.

Application content. A Lot Line Adjustment application shall include all information and other materials required by the Lot Line Adjustment process guidelines provided by the Planning Department.

Processing. Lot Line Adjustment applications shall be submitted to the City Planner and shall be processed according to the procedures specified by Chapter 17.70 (Applications, Processing and Fees). An environmental assessment in compliance with Section 17.70.060 (Initial Application Review/Environmental Assessment) may be required or may be waived in compliance with Section 15305 of the CEQA Guidelines.

The adjustment will not have the effect of creating a greater number of nonconforming parcels than existed before adjustment and will not cause a parcel that was nonconforming before the adjustment to become more nonconforming as a result of the adjustment, except where the review authority determines that the adjustment will substantially improve the conditions of the pre-adjustment parcel and development;

Any existing conforming development on a parcel will not become nonconforming as a result of the adjustment; and

Where existing development was nonconforming before the adjustment, the adjustment itself will not increase the nonconformity, except where the review authority determines that the adjustment will substantially improve the conditions of the pre-adjustment parcel and development.

Public hearing. A public hearing shall not be required for a Lot Line Adjustment.

Findings and decision. The City Council, may approve a Lot Line Adjustment, with or without conditions, only if all of the following findings can be made:

Completion by deed.

Review and approval by City Engineer. The City Engineer shall:

Expiration. The approval of a Lot Line Adjustment, including a Lot Line Adjustment that was approved before the effective date of this Development Code, shall expire and become void if the adjustment has not been completed in compliance with this Section within 24 months of approval.

Minor street vacation. A request for the vacation of a street may be approved, with or without conditions, by the City Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

Minor public service easement vacation. A request for the vacation of a public service easement may be approved, with or without conditions, by the City Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

Major street and public service easement vacation. A request for the vacation of a street or public service easement not meeting the requirements of subsections A and B of this Section may be approved, with or without conditions, by the City Council by resolution if all of the findings can be made:

Release of covenant of easement. A covenant of easement may be released, with or without conditions, by the review body if all of the findings can be made: