Definitions. Italicized words and terms found in this chapter are defined in Chapter 17.08.

Interpretation. In interpreting and applying the provisions of this title, uses, structures, and/or improvements shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare.

Conflicts. Except as specifically provided, this title is not intended to impair or interfere with any previously issued permits or approvals relating to matters subject to this title. This title is not intended to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties, provided that in cases in which this title imposes a greater restriction than is imposed or required by existing provisions of law or ordinance or by such easements, covenants, or agreements, the provisions of this title shall control.

Fees. The city council shall establish and modify, by resolution, a schedule of fees and deposits for matters subject to this title. All applicable fees and deposits shall be paid in full prior to processing any application, appeal, or other matter for which a fee is required.

Applicable fees and/or deposits may be waived for charitable, youth or nonprofit organization activities upon approval by the city manager.

No fee shall be refundable except in any case where the development services director determines and certifies any such fee or portion thereof has been received in error, in which case the amount of money received in error shall be refunded to the proper party. Refunds will be processed in the same manner as other demands against the city.

Concurrent Processing. Applicants with more than one application related to the same project may have all applications processed simultaneously.

Staff Review. Upon initial submittal, application packages shall be distributed to applicable departments for review. No more than thirty days following the date of initial submittal, application packages shall be deemed complete or incomplete with a request for more information. Once the requested information is received, the thirty day staff review cycle restarts. No action shall be taken on applications not yet deemed complete.

Deemed Complete Applications. Once deemed complete, applications then progress, in accordance with specific permit regulations in this title, to notices according to subsection F, to public hearing according to subsection G, then to decisions according to subsection H.

Public Hearings. Notices for public hearings shall also state the time, place, and purpose of the public hearing and shall be given by publication at least ten days prior to the public hearing. Notices to affected property owners shall be given at least ten days prior to the public hearing according to subsection (F)(2).

Affected Property Owners. The notice shall be mailed to all real property owners within five hundred feet or the maximum distance separation requirement for a regulated use where applicable, whichever is greater, of all exterior boundaries of the subject property at least ten days prior to the decision. Notices shall be mailed using the names and addresses of the owners as shown on the latest equalized assessment roll in the office of the county assessor. Where the address of such owner is not shown on such assessment roll, failure to send notice by mail to such property owner shall not invalidate any proceedings in connection with such action. In the event that the number of owners to whom notice would be sent according to this subsection is greater than one thousand, then notices may, instead, be given by placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the affected area.

In addition, temporary on-site sign(s) along the properties' street frontage(s) and legible from across the street on pedestrian pathways shall be posted on the property at least ten days prior to the public hearing and until certificate of occupancy is granted for the proposed land use, but not to exceed a period of one year. The signs shall be a minimum of six feet high, six feet wide, and not to exceed seventy-two square feet total for two sides or thirty-six square feet for one side. Such sign shall include the permit numbers, property location and APN number, a site plan and description of the project, project name, and the applicant's name, address and telephone number to the satisfaction of the development services director. Signs shall be maintained in good condition at all times.

California Environmental Quality Act (CEQA) and State Law. Notices shall be made according to Government Code Sections 65090 through 65091, as amended. Processing time frames will apply unless extended environmental review is required by state law or this code.

Scheduling. Public hearings of the city council shall be subject to the rules regarding the placing of matters on its agenda, respectively. Subject to state planning and environmental laws, public hearings shall not be held earlier than ten or later than sixty days following submission of an appeal application or a deemed complete application according to subsection (E)(2). The time limit specified in this subsection may be extended by mutual consent of the applicant and the development services director; however, in no case shall this time period exceed one hundred eighty days.

Notice. Notices of public hearings shall be given according to subsection (F)(1).

Outcome. At the close of the public hearing, the advisory body may recommend approval, conditions, limitations, or denial; while the hearing body or the appellate body may make a decision. The hearing body may impose such conditions or limitations as it deems necessary to serve the general purpose and intent of this title. The matter may also be referred back to the lower body for further consideration or action. The appellate body may sustain, modify, deny or reverse, wholly or in part, any decision by a lower body. The decision may also be referred back to the lower body for further consideration or action.

Conditions of Approval. The development services director, the city council may attach such conditions as deemed necessary to ensure compliance with this code.

Response to Referral. Where an application, appeal or other matter is referred to a lower body for further consideration, a response to that referral shall be submitted to the applicant and the referring body within forty days following said referral.

Application Expiration. Unless there has been substantial activity toward submitting a deemed complete application package according to subsection D, such application package shall expire after a continuous twelve-month period of inactivity. Thereafter, the applicant may submit a new application package according to subsection D.

Approval and Permit Expiration.

The form and intensity of the project for which the approval or permit was issued have not been significantly altered, and

The conditions or circumstances which supported the findings of fact required for the original approval or permit have not changed and appear unlikely to change within the period of the proposed extension of time.

Procedure. The development services director shall immediately commence action or proceedings for the abatement of a violation of this title, according to Chapter 1.24. If the owner, operator or other responsible entity fails or refuses to abate any public nuisance according to subsection N, the development services director may schedule a public hearing, according to subsection G, to consider the following actions:

Development that includes five or more principal dwelling units, a major subdivision and/or a condominium map;

Development that includes three or more principal buildings on one site;

Development of principal uses on commercial, industrial, and/or mixed use sites of one acre or more;

Development in the Downtown Village specific plan area;

Uses outlined in specific zoning districts.

The development is not detrimental to the public interest, health, safety, or general welfare;

The development complies with applicable provisions of this title and/or deviations that comply with applicable provisions in subsection D;

The development is consistent with general plan policies and standards and other applicable plans or policies adopted by the city council;

The development density or intensity does not exceed general plan limitations;

Existing infrastructure such as utilities, transportation systems, and communication networks adequately serve the development or will be upgraded to efficiently accommodate the additional burdens imposed.

The development exceeds minimum resource conservation requirements, such as water, energy, materials, adaptive reuse;

The development exceeds the open space area requirements by at least fifteen percent;

The development provides recreational amenities, such as a swimming pool, volleyball court, fitness equipment, activity room, etc.;

The development provides outdoor amenities, such as site furnishings or informal dining/gathering spaces;

The development provides enhanced pedestrian, bicycle, and/or vehicular connectivity elements;

The development installs and maintains art available and accessible to the public;

The development provides outdoor commercial space associated with a principal commercial use, such as flower stands, newspaper stands, coffee/food carts, and kiosks;

The development implements an ongoing transit program(s);

The development enhances, improves, manages, and/or programs activities for outdoor spaces through a supplemental service district;

Deed restricted affordable housing is provided.

The planning commission shall hear and decide applications for projects other than major subdivisions or condominium maps during the course of at least one public hearing, conducted according to Section 17.28.020(G).

The planning commission shall be the advisory body for major subdivision and condominium map applications during the course of at least one public hearing, according to Section 17.28.020(G). The city council shall hear and decide applications during the course of at least one public hearing, conducted according to Section 17.28.020(G).

Small Event. Events are categorized as "small" if the event is comprised of a subordinate extension of the established principal use on-site (e.g., sidewalk sales, flower sales) and of short duration (e.g., one-time annual event of one to three consecutive days).

Large Event. Events are categorized as "large" if the event is a singular annual event with unique characteristics which may promote the on-site principal use as well as philanthropic or charitable causes and community activities (e.g., carnivals, fairs, concerts, shows, tent sales, parking lot sales, special event lot sales including pumpkins and Christmas trees, auctions) or of a duration from four to thirty days (e.g., one-time annual events up to forty-five consecutive days).

Recurrent Events. Events are categorized as "recurrent" if the event, no matter the size or duration, is held more than two times in a twelve-month period. The development services director may require recurrent events with impacts to be processed as a minor use according to Section 17.28.052.

All uses shall conform to performance standards according to Section 17.24.080 and Title 9.

All parking areas and main walk areas located on undeveloped land shall be kept damp or shall be covered to prevent the raising of dust.

All signs and structures shall conform to the requirements of this code.

All sites shall be completely cleaned of debris and temporary structures, and returned to their pre-activity condition, within three days of activity termination.

A cash cleanup deposit, according to Section 17.28.020(D), shall be deposited with the city to assure clean-up.

No area of public right-of-way may be used without first obtaining an encroachment permit from the engineering department.

Sanitary sewer facilities, either portable or permanent, shall be made available to employees and patrons of the temporary use permit holder during event hours, as approved by the city engineer.

Uses outlined in specific zoning districts.

The use is compatible with the neighborhood or the community;

The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

The use complies with performance standards according to Section 17.24.080;

The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

Large family day care homes in accordance with Section 17.24.060.

Facilities involved in the sale of alcoholic beverages that do not require discretionary approval by the city council.

Expansion of nonconforming single-family dwellings used for residential purposes in the R/L, RL/M, and RM zones where lot coverage is increased by more than twenty percent, subject to the criteria set forth in Sections 17.24.090(F)(1)(a) through (c).

Establishment of office uses in the general commercial zone.

Outdoor dining areas in excess of one thousand square feet associated with the principal permitted restaurant, eating or drinking establishment, or similar use on the subject property or adjacent public right-of-way, subject to the criteria set forth in Sections 17.24.060(C)(17)(a) through (j) and (C)(18)(a) through (p).

Uses outlined in specific zoning districts.

The use is compatible with the neighborhood or the community;

The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

The use complies with performance standards according to Section 17.24.080;

The use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

There are special property circumstances, (size, shape, topography, location or surroundings) that would cause the strict application of this title to deprive the property of rights enjoyed by other properties in the same vicinity and zoning district;

Granting the variance is necessary to preserve a substantial property right possessed by other property in the same vicinity and zoning district;

Granting the variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements;

Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district.

The parking variance will be an incentive to, and a benefit for, the nonresidential development;

The parking variance will facilitate access to the nonresidential development by patrons of public transit facilities.

For offsite parking spaces, the following additional condition must also be met:

Parking arrangements will be controlled by an agreement recorded and running with the land that:

No more than a twenty percent reduction of required front, side, or rear setbacks;

No more than a twenty percent reduction of open space requirements;

No more than a ten percent increase of lot coverage;

No more than a ten percent reduction of automobile parking space requirements;

Walls, hedges, or fences located within setback areas that exceed the height limits of the zoning district are consistent with safety standards;

Accessibility improvements for persons with disabilities.

That the proposed amendment is consistent with the general plan, in accordance with California Government Code, Section 65860, as amended; and

That the public health, safety, and general welfare benefit from the adoption of the proposed amendment.

If the city council approves the proposed amendment, it shall adopt an ordinance amending the Zoning Ordinance, in accordance with California Government Code, Sections 36931 through 36937, as amended.