This Chapter establishes the overall form and structure for the application, review, and action on permits and approvals and further identifies and describes the permits required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

   A.   Administrative Permits and Approvals. Except as specified in Section 10.82.070 (Initial Application Review), the Director shall be the designated review authority for the following permits and approvals, in compliance with Table 6-1 (Review Authority) and Table 6-2 (Review Authority for Site Plan and Design Review). Additionally, the Director has primary administrative authority over certain activities which require the determination of compliance with applicable zoning provisions.

      1.   Minor Use Permits. An administrative permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code (Chapter 10.84 [Conditional Use Permits and Minor Use Permits]).

      2.   Minor Variances. An administrative action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with (Chapter 10.98 [Variances and Minor Variances]).

      3.   Reasonable Accommodations. An administrative permit authorizing limited modifications to residential properties to accommodate a person with specified disabilities and physical limitations in compliance with specific criteria and performance standards (Chapter 10.90 [Reasonable Accommodations]).

      4.   Sign Permits. An administrative permit authorizing a variety of signs for promotional advertising in compliance with specific provisions and conditions of this Zoning Code (Section 10.34.060 [Permit Required]). Temporary signs may also be approved in conjunction with a Temporary Use Permit (Chapter 10.96 [Temporary Use Permits]).

      5.   Site Plan and Design Review. An administrative review process providing for review of projects for compliance with the provisions of this Zoning Code andcompliance with any site plan or architectural design guidelines adopted by the City (Chapter 10.94 [Site Plan and Design Review]).

      6.   Temporary Use Permits. An administrative permit authorizing specific limited-term uses in compliance with specified conditions and performance criteria identified in Chapter 10.96 (Temporary Use Permits).

      7.   Zoning Clearances. An administrative plan check process of nonexempt uses and structures that do not otherwise require review to determine compliance with applicable provisions of this Zoning Code (Chapter 10.100 [Zoning Clearances]).

      8.   Zoning Code Interpretations/Determinations. An administrative interpretation of certain provisions of this Zoning Code in an effort to resolve perceived ambiguities in the regulations and to ensure their consistent application (Chapter 10.04 [Interpretation of the Zoning Code]).

   B.   Commission Permits and Approvals. Except as specified in Section 10.82.030 (Multiple Permit Applications), the Commission is the designated review authority for the following permits and approvals. A public hearing is required for the following Commission actions in compliance with Chapter 10.116 (Public Notices and Hearings):

      1.   Conditional Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code (Chapter 10.84 [Conditional Use Permits and Minor Use Permits]).

      2.   Planned Development Permits. A permit authorizing a special plan addressing the development of land that may not conform to the underlying zoning map or district regulations, but which complies with the goals and policies of the General Plan for a particular area (Chapter 10.88 [Planned Development Permits]).

      3.   Variances. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with (Chapter 10.98 [Variances and Minor Variances]).

      4.   Abatement/Extension of Nonconforming Uses/Structures. An action requiring the abatement or authorizing the extension of nonconforming uses or structures in compliance with provisions of Article 5 [Nonconformities]).

   C.   Legislative Actions. The designated review authority for all legislative actions is the Council. A public hearing is required for the following legislative actions in compliance with Chapter 10.116 (Public Notices and Hearings):

      1.   Development Agreements and Amendments. An agreement between the City and a party with legal or equitable interest in the real property relating to the development of property in compliance with Chapter 10.118 (Development Agreements).

      2.   General Plan Text/Map Amendments. An action authorizing either a text amendment to the General Plan or a map amendment changing the General Plan land usedesignation of particular property(s) in compliance with Chapter 10.112 (Amendments).

      3.   Specific Plans and Amendments. A regulatory document prepared in compliance with Government Code Section 65450 et seq. for the systematic implementation of the General Plan for a particular area (Chapter 10.120 [Specific Plans]).

      4.   Zoning Code Text/Map Amendments. An action authorizing either a text amendment to this Zoning Code or a map amendment changing the zoning designation of particular property in compliance with the General Plan (Chapter 10.112 [Amendments]).

   D.   Subdivisions and Other Building Regulations. In addition to the permits listed in this Zoning Code, regulations governing the subdivision of land are established in Municipal Code Title 11 (Division of Land Ordinance). Provisions for construction and building are established in Municipal Code Title 8 (Building Regulations). (Ord. 935 § 3 (part), 2015)

   The following activities and uses of land and/or structures are exempt from the land use and development permit requirements of this Zoning Code. However, the activities and uses shall comply with all other applicable provisions of this Zoning Code and may require other permits in compliance with the Municipal Code.

   A.   Accessory Structures. Accessory structures, as defined in Article 9 (Definitions), that are smaller than 120 square feet in size, not located within the required front setback area, and have no portion of the structure equal to or greater than eight feet in height.

   B.   Activities/Uses.

      1.   Yard sales in residential zones and neighborhoods when operated in compliance with Municipal Code Chapter 5.50 (Yard Sales).

      2.   Emergency public health and safety needs and land use activities including, but not limited to emergency utility and response facilities.

   C.   Decks and Paths. Decks, platforms, and on-site paths that are less than 30 inches above natural grade, are not over any basement or story below, and are unenclosed except for a safety railing with a maximum height of 42 inches.

   D.   Fences in Residential Zoning Districts. Certain fences in residential zoning districts are exempt from land use permit requirements in compliance with Chapter 10.28 (Fences, Hedges, and Walls).

   E.   Interior Remodeling. Interior alterations that do not increase the gross floor area within the structure or change/expand the allowed use of the structure.

   F.   Portable Spas, Hot Tubs, Fish Ponds. Portable spas, hot tubs, fish ponds, and similar structures that are less than 120 square feet in area (including related equipment), contain less than 2,000 gallons of water, and are less than three feet in total depth.

   G.   Repairs and Maintenance. Ordinary repairs and maintenance, if:

      1.   The work does not change the approved land use of the site or the structure or add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure;

      2.   Within a parking lot, the work does not alter the number or configuration of parking and/or landscape planters in any manner; or

      3.   All exterior repairs employ the same materials and design as the original construction.

   H.   Solar Collectors. The addition of solar collection systems to the roofs of existing structures.

   I.   Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., electric, gas, telecommunication, or water supply or disposal systems, including cables, conduits, drains, fire-alarm boxes, hydrants, mains, pipes, police call boxes, sewers, traffic signals, wires, and similar facilities and equipment), but not including new transmission lines and structures. Satellite and cellular telephone antennas are instead subject to Section 10.50.200 (Wireless Communications Facilities). (Ord. 935 § 3 (part), 2015)

   A.   Municipal Code Provisions. A land use or activity on property that complies with the permit requirement or exemption provisions of this Zoning Code shall also comply with any applicable permit requirements of the Municipal Code and/or any permit requirements of other agencies before construction or use of the property is commenced.

   B.   Timing of Permits. All necessary permits shall be obtained before starting work or establishing a new use. (Ord. 935 § 3 (part), 2015)

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

   B.   Precedence. Each permit shall be evaluated on a case-by-case basis. Consequently, the granting of a prior permit does not create a precedent and is not justification for the granting of a new permit. (Ord. 935 § 3 (part), 2015)

   This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the land use permit applications required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

   Table 6-1 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

   A.   Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., Zoning Map Amendment and a Conditional Use Permit, etc.), shall file all related applications concurrently, together with all application fees required by Section 10.82.090 (Application Fees), below, unless the concurrent filing requirements are waived by the Director.

   B.   Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by this Zoning Code for any of the applications (i.e., a project for which applications for Zoning Map Amendment and a Conditional Use Permit are filed shall have both applications decided by the Council, instead of the Commission acting upon the Conditional Use Permit as otherwise required by Table 6-1). In the example cited, the Commission would still hear each application (the Zoning Map Amendment and the Conditional Use Permit) and forward recommendations to the Council.

 

(Ord. 935 § 3 (part), 2015)

   A.   Pre-Application Conference.

      1.   A prospective applicant is strongly encouraged to request a pre-application conference with the Director before completing and filing a land use permit application.

      2.   The purpose of this conference is to generally:

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

         b.   Review the City’s review process, possible project alternatives, or modifications; and

         c.   Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

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

      4.   Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those requirements. Additionally, the provision of incorrect information by City staff does not waive the Zoning Code requirements.

   B.   Application Contents. Each application for a permit or other approval pertaining to this Zoning Code shall be filed with the Department on a City application form, together with all required fees and/or deposits and all other information and materials specified in the most up-to-date Department handout for the specific type of application and/or as specified by the Director. Applicants are encouraged to contact the Director before submitting an application to verify which materials are necessary for application filing.

   C.   Eligibility for Filing.

      1.   An application may only be filed by the owner of the subject property or a lessee or authorized agent of the owner with the written consent of the property owner.

      2.   The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. (Ord. 935 § 3 (part), 2015)

   A.   Fee Schedule. The Council shall establish, by resolution, a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the Planning Fee Schedule. The Planning Fee Schedule is intended to allow recovery of all costs incurred by the City in processing permit applications to the maximum extent allowed by law.

   B.   Timing of Payment. Applications shall not be deemed complete, and processing shall not commence, on any application until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for denial or revocation of any permit or other requested approval, notwithstanding any other provisions of this Zoning Code.

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

Consequently, no refund due to denial shall be allowed. In the case of a withdrawal, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal in compliance with the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)

   A.   Applicant Agreement. As part of this application, applicant agrees to defend, indemnify, release and hold harmless from any and all claims, actions, proceedings or liability of any nature whatsoever arising out of, or in connection with, the City’s review or approval of the proposed project, or the acts or omissions of the applicant, its agents, employees or contractors. This obligation shall also extend to any effort to attack, set aside, void, or annul any action or decisions of the City in connection with this application, including any contention the project approval is defective because a City ordinance, resolution, policy, standard, or plan is not in compliance with local, State or Federal law. This indemnification shall include damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing the proceeding. If a defense right is exercised, the City Attorney shall have the absolute right to approve any and all counsel employed to defend the City. The modification of the proposed project by the applicant or the imposition of conditions by the City shall not alter the effectiveness of this indemnity obligation.

   B.   City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant and land owner of the existence of the action, claim, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action, claim, or proceeding.

   C.   City Participation in Defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorneys’ fees and costs and defends the action in good faith. (Ord. 935 § 3 (part), 2015)

   A.   Review for Completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director’s determination of completeness shall be based on the City’s list of required application contents and any additional written instructions provided to the applicant in any pre-application conference (see Section 10.82.040 [Application Preparation and Filing]) and/or during the initial application review period.

      1.   Notification of Applicant. As required by Government Code Section 65943, within 30 calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Director’s letter, shall be provided.

      2.   Appeal of Determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the Director’s determination in compliance with Chapter 10.114 (Appeals).

      3.   Submittal of Additional Information.

         a.   When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

         b.   Upon submittal of additional information, the Director shall have an additional 30 days to review the additional information in order to determine application completeness.

      4.   Expiration of Application.

         a.   If an applicant fails to provide the additional information specified in the Director’s letter within 45 days following the date of the letter, or shorter time frame as determined by the Director, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.

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

      5.   Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the CEQA and Section 10.82.090 (Environmental Review), below.

   B.   Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project. (Ord. 935 § 3 (part), 2015)

   A.   Staff Evaluation. The Director shall review all discretionary applications filed in compliance with this Chapter to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan.

   B.   Staff Report. The Director shall provide a written recommendation to the Commission and/or Council (as applicable) as to whether the application should be approved, approved subject to conditions, or denied.

   C.   Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before action on the application. (Ord. 935 § 3 (part), 2015)

   A.   CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the CEQA to determine whether:

      1.   The proposed project is exempt from the requirements of CEQA;

      2.   The proposed project is not a project as defined by CEQA;

      3.   A Negative Declaration is appropriate and may be prepared;

      4.   A Mitigated Negative Declaration is appropriate and may be prepared; or

      5.   An Environmental Impact Report (EIR) shall be required.

   B.   Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with the CEQA. The applicant shall be responsible for all costs related to the CEQA review, in compliance with Section 10.82.050 (Application Fees).

   C.   Special Studies Required. A special study, paid for in advance by the applicant, may be required to supplement the City’s CEQA compliance review, in compliance with Section 10.82.050 (Application Fees). (Ord. 935 § 3 (part), 2015)

   A.   Purpose. The purpose of a Conditional Use Permit or Minor Use Permit is to provide sufficient flexibility in the use regulations in order to further the objectives of this Zoning Code.

   B.   Process for Reviewing Uses. A Conditional Use Permit or Minor Use Permit provides a process for reviewing uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

   C.   Special Consideration. Certain types of land uses require special consideration in a particular zone or in the City as a whole because they possess unique characteristics or present special problems that make automatic inclusion as permitted uses either impractical or undesirable. (Ord. 935 § 3 (part), 2015)

   A Conditional Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zones, Allowable Uses, and Development and Design Standards) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit or Minor Use Permit. (Ord. 935 § 3 (part), 2015)

   A.   Conditional Use Permits. Conditional Use Permits shall be approved, denied, or modified by the Commission.

   B.   Minor Use Permits.

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

      2.   The Director may choose to refer any Minor Use Permit application to the Commission for review and final decision. (Ord. 935 § 3 (part), 2015)

   An application for a Conditional Use Permit and/or Minor Use Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Conditional Use Permit or Minor Use Permit applications, as applicable, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.84.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

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

   A.   Conditional Use Permits.

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

      2.   Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).

   B.   Minor Use Permits.

      1.   The Director shall conduct a public hearing on an application for a Minor Use Permit before a decision on the application.

      2.   Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). However, use of a 300-foot radius shall be used for noticing purposes.

   C.   Appeals. The applicable review authority’s decision is appealable in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Review Authority’s Action. An application for a Conditional Use Permit or Minor Use Permit may be approved, approved in modified form, conditionally approved, or denied by the review authority.

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

      1.   The proposed use is consistent with the General Plan and any applicable specific plan;

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

      3.   The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;

      4.   The site is physically suitable in terms of:

         a.   Its design, location, shape, size, and operating characteristics of the proposed use;

         b.   The provision of public and emergency vehicle (e.g., fire and medical) access;

         c.   Public protection services (e.g., fire protection, police protection, etc.); and

         d.   The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).

      5.   The type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

   C.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

   In approving a Conditional Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 10.84.060 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

   Permits or approvals shall not be issued for any use proposed in an application for a Conditional Use Permit or Minor Use Permit until and unless the same shall have become final, in compliance with Section 10.102.030 (Effective Dates of Permits). (Ord. 935 § 3 (part), 2015)

   An approved Conditional Use Permit or Minor Use Permit may be modified in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

   The City may conduct a periodic review of the permit to ensure proper compliance with this Zoning Code and any developmental or operational conditions imposed by the review authority. (Ord. 935 § 3 (part), 2015)

   A Conditional Use Permit or Minor Use Permit approved in compliance with the provisions of this Chapter shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Conditional Use Permit or Minor Use Permit application. (Ord. 935 § 3 (part), 2015)

   The purpose of this Chapter is to provide a process for approving a Planned Development Permit that is intended to:

   A.   Achieve Greater Flexibility. Provide a method to achieve greater flexibility than may be available through compliance with conventional Zoning Code standards and regulations.

   B.   Ensure Efficient Use of Land and Better Living Environment. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, a better site plan and overall design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards).

   C.   Encourage More Creativity. Encourage more creativity than may be available through compliance with conventional Zoning Code standards and regulations.

   D.   Encourage Various Types of Development. Encourage the incorporation of various types of development into the project’s design that might not be available through conventional development regulations.

   E.   Ensure High Standards of Environmental Quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City’s resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and

   F.   Provide for Enhanced Amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

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

   B.   Minimum Site Area. A Planned Development Permit may only be requested for a site(s) with a minimum of 20,000 square feet for residential projects and one acre for all others.

   C.   Uses Allowed. A Planned Development Permit may only authorize a land use activity that is allowed in the underlying zone as depicted on the City's Official Zoning Map.

   D.   Modification of Standards.

      1.   The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, open space, street layout, etc.) identified in this Zoning Code, with the exception of an increase in the applicable density or intensity above the allowable maximums identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards).

      2.   Residential development projects with density or intensity standards increased above the maximums identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards) may only be approved in compliance with Government Code Section 65915 and Section 10.10.090 (Density Bonus for Affordable Housing). (Ord. 935 § 3 (part), 2015)

   An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.88.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

   The Commission may approve, approve in modified form, conditionally approve, or deny the Planned Development Permit application, based upon the findings contained in Section 10.88.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

   A.   Application Consistent with the Purpose of Chapter.

      1.   Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.

      2.   The Director shall submit a staff report and recommendation to the Commission for its consideration.

   B.   Notice and Hearings.

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

      2.   The public hearing shall be scheduled once the Director has determined the application complete in compliance with Section 10.82.070 (Initial Application Review).

      3.   Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). (Ord. 935 § 3 (part), 2015)

   A.   Commission’s Authority. The Commission may approve, approve in modified form, conditionally approve, or deny an application for a Planned Development Permit based on the findings specified in Subsection B., below.

   B.   Required Findings. The Commission may approve a Planned Development Permit application, with or without conditions, only after first making all of the following findings:

      1.   The proposed use and resulting design:

         a.   Is allowed within the subject base zone;

         b.   Is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;

         c.   Is generally in compliance with all of the applicable provisions of this Zoning Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Chapter and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Chapter; and

         d.   Ensure compatibility of property uses within the zone and general neighborhood of the proposed development.

      2.   The proposed project will produce a comprehensive development with a better site plan and overall design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED related standards, etc.) than might otherwise occur from more typical development applications;

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

      4.   Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards);

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

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

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

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

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

   C.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

   A.   Commission Action on Requested Changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.

   B.   Minor Changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an increase in square footage may be approved by the Director in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

   A.   Landscaping. Landscaping shall be provided in compliance with Chapter 10.32 (Landscaping), unless modified in compliance with this Chapter.

   B.   Off-street Parking. Off-street parking provisions shall be provided in compliance with Chapter 10.30 (Off-street Parking and Loading), unless modified in compliance with this Chapter.

   C.   Signs. Signs shall be provided in compliance with Chapter 10.34 (Signs), unless modified in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

   An application for a Planned Development Permit shall include a development schedule in compliance with the following.

   A.   Permit Application shall Include Development Schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying the approximate time period, after the Planned Development Permit becomes effective in compliance with Section 10.102.070 (Expiration), when construction of the entire project, including all of the approved amenities, can be expected to begin, the anticipated rate of development, and the anticipated completion date.

   B.   Development Schedule for Phased Developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.

   C.   Director to Review Overall Progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.

   D.   Commission May Extend Development Schedule. Upon a written request by the developer/property owner, for good cause shown, the Commission may extend the time limits of the development schedule; provided, that a complete application for the extension of time limits shall be filed with the Department no later than 30 days before the date of expiration in compliance with Section 10.102.080 (Time Extensions). (Ord. 935 § 3 (part), 2015)

   In approving a Planned Development Permit, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 10.88.060 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

   Permits shall not be issued for any use or construction proposed in an application for a Planned Development Permit until and unless the Planned Development Permit shall have become final, in compliance with Section 10.102.030 (Effective Dates of Permits). (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Planned Development Permit application. (Ord. 935 § 3 (part), 2015)

   This Chapter provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. (Ord. 935 § 3 (part), 2015)

   A.   Eligible Applicants.

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

      2.   A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, as those terms are defined by the Acts.

   B.   Eligible Requests.

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

      2.   A request for Reasonable Accommodation shall comply with Section 10.90.030 (Application Requirements), below. (Ord. 935 § 3 (part), 2015)

   An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.90.060 (Findings and Decision), below. The contents of the application will be held confidential to the extent permissible under Public Records Act Section 6250 et seq. (Ord. 935 § 3 (part), 2015)

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

   B.   Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. (Ord. 935 § 3 (part), 2015)

   A.   Director’s Review. The Director shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 10.90.060 (Findings and Decision), below.

   B.   Other Review Authority. The written decision on whether to approve or deny the request for Reasonable Accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 10.90.060 (Findings and Decision), below.

   C.   Request of Further Information. If necessary to reach a determination on the request for Reasonable Accommodation, the review authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. (Ord. 935 § 3 (part), 2015)

   A.   Findings. The applicable review authority may approve a request for Reasonable Accommodation, with or without conditions, only after first making all of the following findings:

      1.   The requested Reasonable Accommodation would be consistent with the Acts specified in Section 10.90.010 (Purpose), above;

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

      3.   The request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

      4.   The requested Reasonable Accommodation would not impose an undue financial or administrative burden on the City;

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

      6.   There would be no potential impact on surrounding uses;

      7.   The physical attributes of the subject property and structure(s) would warrant approval of the requested Reasonable Accommodation; and

      8.   No other Reasonable Accommodations would provide an equivalent level of benefit.

   B.   Conditions of Approval. In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A. (Findings), above.

   C.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

   A.   Purpose. The purpose of this Chapter is to provide a process for the appropriate review of development projects.

   B.   Intent. The intent of this Chapter is to ensure that all approved site plans and structures:

      1.   Promote the orderly development of the City in compliance with the goals and objectives of the General Plan, any applicable specific plan, and the standards specified in this Zoning Code;

      2.   Protect property values and the health, safety, and welfare of the community at large;

      3.   Promote the aesthetic quality of development in the City;

      4.   Ensure the suitability of development for its intended purpose;

      5.   Exemplify the best professional high quality design practices;

      6.   Encourage the maintenance of a distinct neighborhood and/or community identity;

      7.   Minimize or eliminate negative or undesirable visual impacts; and

      8.   Ensure safe and convenient access and circulation for pedestrians and vehicles. (Ord. 935, § 3 (part), 2015)

   A.   Site Plan and Design Review Required. No one shall construct any structure, or move, rebuild, relocate, or enlarge or modify any existing structure or site (including accessory structures, facade improvements, and fences and walls) (as determined by the Director), unless a Site Plan and Design Review application is first reviewed, and approved or conditionally approved by the applicable review authority in compliance with this Chapter.

   B.   Referral to Director. The Building Official shall refer to the Director all applications for Building or Grading Permits subject to the requirements of this Chapter.

   C.   Compliance with Chapter Required. Building or Grading Permits, Business Licenses, or Certificates of Occupancy shall not be issued until the requirements of this Chapter have been met. (Ord. 935, § 3 (part), 2015)

   A.   Required Before Issuance of Other Required Permits. Site Plan and Design Review approval shall be required before the issuance of a Building or Grading Permit, Business License, or Certificate of Occupancy for any new structure and existing structures to be reconstructed or remodeled (including accessory structures, facade improvements, and fences and walls) (as determined by the Director), or to increase structure height.

   B.   Applicable Review Authority.

      1.   The applicable review authority shall be as specified in Table 6-2 (Review Authority for Site Plan and Design Review), below.

      2.   Definition of terms used in Table 6-2.

         a.   Minor is defined as up to and including 25 percent.

         b.   Major is defined as over 25 percent.

 

(Ord. 935 § 3 (part), 2015)

   A.   Application Filing. An application for a Site Plan and Design Review shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Site Plan and Design Review applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.94.050 (Findings and Decision), below.

   B.   Review with Other Land Use Applications. If the project for which the request for Site Plan and Design Review is being made also requires some other discretionary approval (e.g., Conditional Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application Filing), above, together for concurrent review with the application for discretionary approval. Only the formal application and associated fee for the other discretionary approval shall be required in order to comply with the Site Plan and Design Review filing requirements. If any other discretionary approval is requested, the entire application package (if a Conditional Use Permit is requested, the package would include the Conditional Use Permit and the Site Plan and Design Review applications) goes to the review authority responsible for action on the discretionary approval. In the example cited, the Commission would be the review authority for the entire package of applications.

   C.   Application Review. Each application for a Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Chapter; applicable development standards and regulations of this Zoning Code; and any adopted design guidelines and policies that may apply.

      1.   A Site Plan and Design Review is initiated when the Department receives a complete application package including the required information and materials specified in the Department handout and any additional information required by the applicable review authority in order to conduct a thorough review of the proposed project.

      2.   Upon receipt of a complete application the applicable review authority shall review the location, design, site plan configuration and the effect of the proposed development on adjacent properties, streets, and alleys by comparing the project plans to established development standards, regulations, and applicable design guidelines/policies.

      3.   Within 30 days after the Site Plan and Design Review application has been deemed complete in compliance with Section 10.82.070 (Initial Application Review), the review authority shall either approve or deny the Site Plan and Design Review application and, if approved, may impose conditions deemed reasonable and necessary to protect the public health, safety and general welfare and ensure compliance with this Chapter and all applicable City regulations and policies.

      4.   The following criteria shall be considered during the review of a Site Plan and Design Review application:

         a.   Compliance with this Chapter, this Zoning Code, Municipal Code Title 8 (Building Regulations), and all other applicable City regulations and policies;

         b.   Efficiency of site layout and design;

         c.   Compatibility with neighboring properties, streets, alleys, and developments;

         d.   Efficiency and safety of public pedestrian and vehicular access and parking;

         e.   The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity and whether the relationship is harmonious and based on good standards of design;

         f.   The compatibility in scale and aesthetic treatment of proposed structures with public areas;

         g.   The adequacy of proposed driveways, landscaping, parking spaces, potential on-site and off-site parking, circulation, and traffic impacts, and other potential impacts upon the environment;

         h.   Appropriate open space and use of water efficient landscaping;

         i.   Consistency with the General Plan and any applicable specific plan; and

         j.   Consistency with any adopted design guidelines/policies.

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

   E.   Public Hearing and Appeal Provisions.

      1.   Neither a notice nor a public hearing shall be required for the Director’s or Commission’s decision on a Site Plan and Design Review application, except for second story residential construction identified in Subparagraph 2., below.

      2.   The Director’s and Commission’s decision on a Site Plan and Design Review application for second story residential construction shall require notice of a public meeting, with mailings to all property owners located within 300 feet of the exterior boundary of the subject property. The applicant is responsible for all costs related to the mailed notice.

      3.   Companion applications shall receive notice in compliance with their respective requirements.

      4.   The review authority’s decision may be appealed, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Meets Requirements of this Chapter. The review authority shall determine whether or not the application meets the requirements of this Chapter in compliance with Section 10.82.070 (Initial Application Review).

   B.   Referral to the Commission. The Director may refer the Site Plan and Design Review application to the Commission for review and final decision at the Director’s sole discretion.

   C.   Other Review Authority. The decision to approve or deny the Site Plan and Design Review shall be made by the authority responsible for reviewing the other discretionary land use application (e.g., Conditional Use Permit, etc.) in compliance with the applicable review procedure for the other discretionary review. The decision to approve or deny the Site Plan and Design Review shall be made in compliance with Subsection D. (Required Findings), below.

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

      1.   Is allowed within the subject zone;

      2.   Is in compliance with all of the applicable criteria identified in Subparagraph 10.94.040 C. 4., above;

      3.   Is consistent with or an improvement to the character of the neighborhood, in terms of the structure(s) general appearance;

      4.   Provides adequate consideration of applicable factors (e.g., noise, traffic, vehicular and pedestrian safety, vibration, etc.) including measures which are reasonably efficient and satisfactory in protecting the public health and safety; and

      5.   Ensures that the:

         a.   Architectural design and functional plan of the structure(s) and related improvements are of reasonable aesthetic quality and consistent with or an improvement to adjacent developments; and

         b.   Structure(s) and related improvements are suitable for the proposed use of the property and provide adequate consideration of the existing and contemplated uses of land and orderly development in the general area of the subject site.

   E.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

   In approving a Site Plan and Design Review application, the review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 10.94.050 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

   A.   Permits for Building and Grading. Upon approval or conditional approval of a Site Plan and Design Review, or a revised Site Plan and Design Review, the proposed project shall be eligible for filing of all required Building, and Grading Permits.

   B.   Compliance with Site Plan and Design Review. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this Chapter, except in compliance with the approved Site Plan and Design Review and the conditions imposed on the review. (Ord. 935 § 3 (part), 2015)

   Minor changes in a Site Plan and Design Review that do not involve an increase in structure area or height, an increase in the number of dwelling units, or an intensity ofuse may be approved by the Director in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Site Plan and Design Review application. (Ord. 935 § 3 (part), 2015)

   The purpose of this Chapter is to allow for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

   For purposes of this Chapter, a temporary land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration. (Ord. 935 § 3 (part), 2015)

   A Temporary Use Permit allows short term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. (Ord. 935 § 3 (part), 2015)

   The following minor and limited duration temporary uses are exempt from the Temporary Use Permit requirement. Uses that do not fall within the categories defined below shall comply with 10.96.050 (Allowed Temporary Uses), below.

   A.   Construction yards - On-site.

      1.   On-site contractors’ construction yard(s), in conjunction with an approved construction project on the same parcel.

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

      3.   The construction yard shall be removed upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

   B.   Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council. (Ord. 935 § 3 (part), 2015)

   The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 10.96.090 (Conditions of Approval), below.

   A.   Contractors’ Construction Yards - Off-site. The permit may be effective for up to 12 months, or upon expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

   B.   Events.

      1.   Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for no more than 14 days within a 12-month period.

      2.   Outdoor display and sale events (i.e., side walk and parking lot sales) conducted by a retail business holding a valid Business License may be allowed a maximum of four outdoor sale events (excluding City sponsored activities) within a 12-month period. Items offered for sale shall be limited to the items covered by the Business License. For purposes of this Subsection an outdoor sale event shall be no longer than a total of 40 aggregate days in duration, with a minimum of 60 days between events.

      3.   Outdoor meetings and group activities (i.e., neighborhood community gatherings and religious retreats) for seven consecutive days or less, within any 12-month period.

      4.   Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) only by businesses holding a valid Business License; provided, the activity may only beheld from October 1st through October 31st, of the same year for the pumpkin sales, and from the day after Thanksgiving through December 28h, of the same year for Christmas tree sales.

   C.   Temporary Real Estate Sales Office. One temporary real estate office may be located in any new subdivision in any zone in the City.

      1.   A temporary real estate office (e.g., trailer) may be used for temporary sales activities (e.g., model home sales, etc.) related only to the subdivision.

      2.   The temporary real estate office shall be removed within 10 days after the sale of all units in the new subdivision.

   D.   Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved as an accessory use for up to 12 months, for the following activities:

      1.   During construction of a development project in a commercial or industrial zone; or

      2.   As a temporary replacement structure to be used during reconstruction activities for places of religious assembly or private schools.

   E.   Temporary Work and/or Storage Site.

      1.   A trailer, mobile home, or other acceptable temporary structure may be used as a temporary work and/or storage site for employees of a business during construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force and upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

      2.   A permit for temporary work and/or storage trailer(s)/structure(s) may be approved for up to 12 months and shall be removed within 30 days following issuance of the Certificate of Occupancy. The Director may extend the approval for up to an additional 12 months, if needed for very large construction projects.

   F.   Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses. (Ord. 935 § 3 (part), 2015)

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

      1.   An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Planning Fee Schedule.

      2.   The application shall be filed with the Department at least:

         a.   Five business days before the date that the proposed temporary use is scheduled to take place for outdoor sales events; (See Subparagraph 10.96.050 B.2., above)

         b.   Forty-five days before the date that the proposed temporary use is scheduled to take place for events requiring a back ground check; and (See Municipal Code Chapter 5.08 (Business and Occupation Permits)

         c.   Thirty days before the date that the proposed temporary use is scheduled to take place for all other allowed activities specified in this Chapter.

   B.   Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 10.96.080 (Findings and Decision), below.

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

   D.   Public Hearing Not Required. A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit application. (Ord. 935 § 3 (part), 2015)

   The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 10.96.090 (Conditions of Approval) below, deny the application, or may defer action and refer the application to the Commission for review and final decision. (Ord. 935 § 3 (part), 2015)

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

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

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

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

      3.   The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; and

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

   C.   Failure to Make Findings. The Review Authority shall deny the application when it fails to make any one or more of the required findings.

   D.   City Manager to Act as Appeal Review Authority. Not withstanding any other provisions of this Zoning Code, due to the short time frame related to Temporary Use Permits, the City Manager shall serve as the appeal review authority for Temporary Use Permits. The decision of the City Manager shall be final. (Ord. 935 § 3 (part), 2015)

   A.   May Impose Conditions. In approving a Temporary Use Permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 10.96.080 (Findings and Decision), above.

   B.   Sample Conditions. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include, but are not limited to, the following:

      1.   Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director;

      2.   Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection 1., above;

      3.   Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

      4.   Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

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

      6.   Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

      7.   Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

      8.   Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate;

      9.   Signs. Regulation of signs;

      10.   Performance Bond or Other Security. Submission of a performance bond or other security measures may be required in order to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the Director;

      11.   Compliance with Applicable Provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

      12.   Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Chapter. (Ord. 935 § 3 (part), 2015)

   The Director may extend the time for a Temporary Use Permit to run beyond the original approval. In no event shall the Temporary Use Permit exceed the number of days allowed by Section 10.96.050 (Allowed Temporary Uses), above, or a total of 30 days. (Ord. 935 § 3 (part), 2015)

   Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code. (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Temporary Use Permit application. (Ord. 935 § 3 (part), 2015)

   A.   Purpose. Variances and Minor Variances are only approved when, because of special circumstances applicable to the property, the strict application of this Zoning Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone.

   B.   Does not extend to Land Uses.

      1.   The power and authority to approve Variances and Minor Variances does not extend to allowable land uses.

      2.   Flexibility in allowable land uses is provided in Chapter 10.84 (Conditional Use Permits and Minor Use Permits). (Ord. 935 § 3 (part), 2015)

   A.   Variances. The Commission may approve a Variance that allows adjustments from any of the development standards required by this Zoning Code.

   B.   Minor Variances. The Director may approve Minor Variances in compliance with Table 6-3 (Types of Minor Variances Allowed), below.

 

(Ord. 935 § 3 (part), 2015)

   A.   Responsibility. The applicable review authority shall approve or deny Variance and Minor Variance applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare; necessary to ensure that the Variance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zone of the subject property; and necessary to make the findings required by Section 10.98.050 (Findings and Decision) below.

   B.   Applicable Review Authority. Variances and Minor Variances may be approved in compliance with the following:

      1.   Variances. Variances shall be approved or denied by the Commission in compliance with this Chapter and State law.

      2.   Minor Variances. Minor Variances shall be approved or denied by the Director in compliance with this Chapter and State law. The Director may, however, defer action and refer the application to the Commission for review and final decision in compliance with this Chapter and State law. (Ord. 935 § 3 (part), 2015)

   A.   Filing. An application for a Variance or Minor Variance shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Variance or Minor Variance applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.98.050 (Findings and Decision), below.

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

   C.   Notice, Hearings, and Appeals.

      1.   Variances - Public Hearing Required. A public hearing shall be required for the Commission's decision on a Variance application.

         a.   Notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).

         b.   Appeals. The Commission's decision is appealable to the Council in compliance with Chapter 10.114 (Appeals).

      2.   Minor Variances - Public Hearing Not Required. Before a decision on a Minor Variance application, the City shall provide notice in compliance with this Section.

         a.   Notice.

            (1)   Upon receipt of a complete application for a Minor Variance, the City shall send a notice of application review to the applicant/property owner and all property owners located within a 100-foot radius of the subject site. The notice shall include a description of the project, location, and request, and shall indicate the date a decision will be made. The date shall be no later than 10 days following release of the notice.

            (2)   Those receiving notice shall be given the opportunity to submit written comments supporting or opposing the request to the Director.

            (3)   Following the Director’s decision on the Minor Variance request, a copy of the decision shall be mailed to those who received the original notice. The notice of decision shall include information regarding the action taken, findings, and conditions for the action as applicable, along with the appeal period and the provisions for filing an appeal to the Commission in compliance with Subparagraph b. (Appeals), below.

         b.   Appeals. The Director’s decision is appealable to the Commission in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Authorized Actions. The Commission (Variance) or the Director (Minor Variance) shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with Government Code Section 65906 or as that Section may be amended from time to time. The Director may refer the application for a Minor Variance to the Commission for review and final decision.

   B.   Required Findings. The applicable review authority may approve, approve in modified form, conditionally approve, or deny a Variance or Minor Variance application, subject to all of the following findings.

      1.   General Findings. The review authority may approve a Variance or Minor Variance application only after first making all of the following findings:

         a.   There are special circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features, etc.) that do not apply generally to other properties in the same zone and vicinity;

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

         c.   Approving the Variance or Minor Variance:

            (1)   Is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zone but which is denied to the subject property;

            (2)   Will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone;

            (3)   Will not adversely affect the health, safety, and general welfare of persons residing or working in the neighborhood, or be materially detrimental or injurious to property or improvements in the same vicinity and zone; and

            (4)   Will not be in conflict with the purpose and intent of this Chapter, this Zoning Code, the General Plan, or any applicable specific plan.

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

      2.   Findings for Off-site Parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subparagraph B.1. (General findings), above:

         a.   The Variance will be an incentive to, and a benefit for, the nonresidential development; and

         b.   The Variance will facilitate access to the nonresidential development by patrons of public transit facilities.

   C.   Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

   The Director’s decision to deny a Minor Variance application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 10.98.020 A. (Variances), above. (Ord. 935 § 3 (part), 2015)

   Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Variance is not admissible evidence for the approval of a new Variance or Minor Variance. (Ord. 935 § 3 (part), 2015)

   The burden of proof to establish the evidence in support of the findings, required by Section 10.98.050 (Findings and Decision), above, is upon the applicant. (Ord. 935 § 3 (part), 2015)

   In approving a Variance or Minor Variance application, the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 10.98.050 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

   Permits shall not be issued for any structure proposed in an application for a Variance or Minor Variance until and unless the same shall have become final, in compliance with Section 10.102.030 (Effective Dates of Permits). (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Variance or Minor Variance application. (Ord. 935 § 3 (part), 2015)

   Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use or structure. (Ord. 935 § 3 (part), 2015)

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

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

   B.   Change of Use.

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

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

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

   D.   Building Permit, Grading Permit, or Other Construction Permit. A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure. (Ord. 935 § 3 (part), 2015)

   A.   Director’s Responsibility. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions applicable to the proposed use or structure.

   B.   Form of Approval. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director. (Ord. 935 § 3 (part), 2015)

   The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the Director’s action on a Zoning Clearance. (Ord. 935 § 3 (part), 2015)

   This Chapter provides requirements for the implementation or exercising of the permits or approvals required by this Zoning Code, including time limits and procedures for approving extensions of time. (Ord. 935 § 3 (part), 2015)

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

   B.   Changes. Changes to an approved project shall be submitted and processed in compliance with Section 10.102.090 (Changes to an Approved Project), below. (Ord. 935 § 3 (part), 2015)

   A.   Approvals, Permits, and Variances.

      1.   A Site Plan and Design Review for other than second story construction and/or subject to the approval of the Director, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its issuance.

      2.   A Conditional Use Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review for second story construction and/or subject to the approval of the Commission, or Variance shall become effective 10 days following the date the decision was rendered by the applicable review authority.

   B.   Plans/Amendments.

      1.   Council actions to adopt or amend a development agreement, this Zoning Code, a specific plan (adopted by ordinance), or the Zone Map shall become effective on the 31st day following the date the ordinance is adopted by the Council, or at a future date as established by the Council.

      2.   Council actions to adopt or amend the General Plan or a specific plan (adopted by resolution) shall become effective immediately upon the adoption of a resolution by the Council, or at a future date as established by the Council.

   C.   Issued on the Effective Date. Permits and/or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority's decision has been filed, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Full understanding and acceptance of conditions for all permits. The applicant, upon receipt of the City approved copy of any permit with attached conditions, shall execute an Acknowledgment and Acceptance of Conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.

   B.   Signed and Dated.

      1.   The applicant shall return the Acknowledgment and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the actual date the decision was rendered by the applicable review authority.

      2.   The approved permit shall not be effective until the City receives the signed and dated Acknowledgment and Acceptance of Conditions agreement.

   C.   Appeal. If the applicant wishes to appeal any or all of the final conditions of approval, the applicant shall file an appeal within 10 days following the actual date the decision was rendered by the applicable review authority in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A permit application deemed approved by operation of law in compliance with Government Code Section 65956 (b) shall be subject to all applicable provisions of this Zoning Code, which shall be fully satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established. (Ord. 935 § 3 (part), 2015)

   A.   Run with the Land. A Conditional Use Permit, Minor Use Permit, Minor Variance, Planned Development Permit, Site Plan and Design Review, Temporary Use Permit, or Variance approval that is approved in compliance with Chapter 10.82 (Permit Application Filing and Processing) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 10.102.070 (Expiration), below.

   B.   Conditions Shall Apply. All applicable conditions of approval shall continue to apply after a change in property ownership. (Ord. 935 § 3 (part), 2015)

   A.   Expiration of Permit or Approval, except Conditional Use Permits. Unless otherwise specified in the permit or approval, all permits and approvals, except for Conditional Use Permits and Minor Use Permits, for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions:

      1.   Exercised.

         a.   To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 12 months from the date of approval, or the permit or approval shall expire and be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 10.102.080 (Time Extensions), below. Additionally, if after construction commencement, work is discontinued for a minimum period of 12 months the permit or approval shall expire and be deemed void.

         b.   If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall follow the recordation of the companion final map.

      2.   Phasing.

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

         b.   Pre-approved phases.

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

            (2)   If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall follow the recordation of the companion final map.

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

         a.   Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; or

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

         c.   Diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit; or

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

   B.   Effect of Expiration, except Conditional Use Permits. Where the permit or approval, except for Conditional Use Permits and Minor Use Permits, has expired and/or has been deemed void:

      1.   No further action is required by the City;

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

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

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

      5.   Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development. (Ord. 935 § 3 (part), 2015)

   Requests for a time extension for a permit or approval shall be filed and processed in the following manner:

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

   B.   Public Hearing Not Required.

      1.   A public hearing shall not be required for the applicable review authority’s decision on an extension of time.

      2.   However, the applicable review authority may conduct a public hearing in compliance with Chapter 10.116 (Public Notices and Hearings) if deemed appropriate by the review authority.

   C.   Stay of Expiration.

      1.   The filing of a written extension request shall stay the actual expiration of the permit or approval until the extension request has been acted upon by the Director, Commission, and/or Council, as applicable.

      2.   Building or Grading Permits shall not be issued in compliance with the permit or approval during the period of the suspension.

   D.   Director’s Action on Extension.

      1.   Upon good cause shown, an extension may be approved, approved with modifications, or denied by the Director, subject to the findings identified in Subsection F. (Required findings), below.

      2.   The Director’s decision may be appealed to the Commission, in compliance with Chapter 10.114 (Appeals).

      3.   The permit or approval may be extended for additional 180-day periods, up to a maximum of 12-months beyond the expiration date of the original approval, unless otherwise allowed by State law.

   E.   Commission’s and Council’s Actions on Extension.

      1.   Upon good cause shown, an extension may be approved, approved with modifications, or denied by recommendation of the Commission and action of the Council, subject to the findings identified in Subsection F. (Required findings), below.

      2.   The permit or approval may be extended for one additional 12-month period unless otherwise allowed by State law for an aggregate total of 24 months (e.g., 12 months by the Director and an additional 12 months by the Council) from the original date of approval.

   F.   Required Findings. An extension of the permit or approval may be granted only if the applicable review authority first makes all of the following findings:

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

      2.   Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant. (Ord. 935 § 3 (part), 2015)

   A.   Application.

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

      2.   An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

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

      4.   Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.

   B.   Notice and Hearing. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing, except for the minor changes outlined below (See Subsection C.), and shall give notice, in compliance with Chapter 10.116 (Public Notices and Hearings).

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

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

      2.   Do not involve a feature of the project that was:

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

         b.   A basis for conditions of approval for the project; or

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

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

   D.   Major Changes. Major changes include changes to the project involving features specifically described in Subsection C., above, and shall only be approved by the original review authority through a new application, processed in compliance with this Zoning Code. (Ord. 935 § 3 (part), 2015)

   A.   Resubmittal after Denial with Prejudice.

      1.   The Review Authority may deny an application for a discretionary permit or approval on the grounds that two or more similar applications by the same applicant and for the same site have been denied in the past two years (also known as denial with prejudice), or that another cause exists for limiting the refiling of the application.

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

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

      1.   New evidence material to a revised decision will be presented that was:

         a.   Unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant; or

         b.   Available or known to the applicant at the previous hearing(s), but the applicant was unaware of the significance and applicability of the evidence.

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

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

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

   D.   Director’s Determination, Appeal.

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

      2.   The Director’s determination may be appealed to the Commission, in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)

   A.   Applicability.

      1.   Covenant for Easement May Be Required. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a Covenant for Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

      2.   Required Provisions. A Covenant for Easement may be required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, reciprocal access, or for solar access.

   B.   Condition of Approval. The Covenant for Easement may be imposed as a condition of approval by the applicable review authority.

   C.   Definitions. For purposes of this Section, the following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

      1.   Easement. An easement is usually for the benefit of other than the property owner, and is an interest in land that belongs to someone else and creates an encumbrance on that land. It is created by grant of easement and accompanied by a legal description and plat of the easement which are recorded against the property at the Office of the County Recorder.

      2.   Irrevocable Offer of Dedication. This is an actual offer of dedication for future right-of-way. The offer is recorded, but does not go into effect until the Council authorizes and accepts the right-of-way. The exhibits used are the same as for any other dedication, a legal description and a plat showing its location.

      3.   Partial Reconveyance. If a landowner has a loan against the subject property, there is a first deed of trust on the property. The City requires that all property purchased from a property owner be free and clear of all encumbrances. This requires a release (Partial Reconveyance) from the lender for that portion of the property the City is acquiring.

      4.   Reciprocal Access Easement. This is an agreement between parties owning adjacent properties. This allows all owners of property that have entered into this agreement the right of access over the owner’s property. This instrument is used for ingress and egress, parking, sanitary sewer, water and storm drainage across, over, or under each property for the benefit of each party.

      5.   Right-of-Entry. Gives the City the right to enter across, over, under, or upon the grantor's property and is usually used to allow construction to proceed before right-of-way being acquired.

   D.   Form of Covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant for Easement shall:

      1.   Describe Property. Describe the real property subject to (i.e., burdened by) the easement;

      2.   Describe Property to be Benefited. Describe the real property to be benefited by the easement;

      3.   Planning Permit. Identify the City permit or approval that relied on or required the Covenant; and

      4.   Purpose of Easement. Identify the purpose(s) of the easement.

   E.   Recordation. The Covenant for Easement shall be recorded in the County Recorder’s Office.

   F.   Effect of Covenant. From and after the time of its recordation, the Covenant for Easement shall:

      1.   Act as an Easement. Act as an easement in compliance with 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 the conveyance of the affected real property; and

      2.   Impart Notice. 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 on, and the Covenant shall benefit, all successors-in-interest to the real property.

   G.   Enforceability of Covenant. The Covenant for Easement shall be enforceable by the successors-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.

   H.   Release of Covenant. The release of the Covenant for Easement may be affected by the Council, or under an appeal, following a noticed public hearing in compliance with Chapter 10.116 (Public Notices and Hearings).

      1.   May Be Released by City. The Covenant for Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.

      2.   Recordation of Notice. A notice of the release of the Covenant for Easement shall be recorded with the County Recorder’s Office.

   I.   Fees.

      1.   The City shall impose fees to recover the City’s reasonable cost of processing a request for a release.

      2.   Fees for the processing shall be established by the Planning Fee Schedule. (Ord. 935 § 3 (part), 2015)