This chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

Table 4-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this development code.

(Ord. No. 1869, § 2, 2-20-2013)

When a single project incorporates different land uses or features so that this development code requires multiple land use permit applications, the applicable review authority may choose to require that all applications be reviewed, and approved or disapproved, by the highest level review authority assigned by Table 4-1 to any of the required applications.

Notes:

⁽¹⁾  "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.70 (Appeals).

⁽²⁾  SPARC means the Site Plan and Architectural Approval Committee. (See Section 17.66.050)

⁽³⁾  The Director may defer action on permit applications and refer the items to the Commission for the final decision.

(Ord. No. 1869, § 2, 2-20-2013)

The preparation and filing of applications for land use permits, amendments (e.g., General plan, zoning map, and development code), and other matters pertaining to this development code shall comply with the following requirements:

A.

Pre-application Review.

1.

A prospective applicant or agent is strongly encouraged to request a pre-application review with the department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for pre-application review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by affected city departments and other selected agencies.

3.

The reviewing city staff members will inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

4.

Neither the preapplication review nor information and/or pertinent policies provided by the department shall be construed as a department recommendation for approval or disapproval of the application/project.

B.

Application Contents and Fee. Applications shall include the forms provided by the Department, and all information and materials required by the application content requirements handout provided by the department for the specific type of application (e.g., use permit, variance, or others), and the filing fee required by the council's fee resolution.

C.

Eligibility, Filing. All land use permit and other applications required by this development code shall be filed with the department. Applications may be made by:

1.

The owner of the subject property; or

2.

Any other person, agent, or representative, with the written consent of the property owner.

D.

Filing Date. The filing date of an application shall be the date on which the department receives the last submission, map, plan, or other material required as a part of that application by subsection B of this section, including appropriate filing fees, in compliance with Section 17.38.060 (Initial Application Review) and deemed complete by the director.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Filing Fees Required.

1.

The council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this development code, referred to as the council's fee resolution.

2.

The schedule of fees may be changed only by resolution of the council.

3.

The city's processing fees are cumulative. For example, if an application for a parcel map also requires an administrative deviation, both fees shall be charged.

4.

Processing shall not commence on an application until all required fees have been paid.

5.

Without the application fee the application shall not be deemed complete.

6.

The city is not required to continue processing any application unless additionally required fees are paid in full.

7.

Failure to pay the applicable fees is grounds for disapproval of the application.

B.

Refunds and Withdrawals.

1.

Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.

2.

In the case of a withdrawal, the director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

(Ord. No. 1869, § 2, 2-20-2013)

All applications filed with the department in compliance with this development code shall be initially processed as follows:

A.

Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 17.38.040(B) (Application Contents and Fees), above.

1.

Notification of Applicant. The applicant shall be informed in writing within thirty days of submittal, 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 letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.

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 determination in compliance with Chapter 17.70 (Appeals).

3.

Environmental Information. The director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.38.070 (Environmental Assessment), below.

4.

Expiration of Application. If the applicant does not provide the additional information required in compliance with subsection (A)(1), above, within one hundred twenty days after the date of the letter requesting the additional information, the director may consider the application withdrawn if the director determines that reasonable progress toward completion of the application has not occurred. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

5.

Criteria for Acceptance. An application shall not be accepted as complete unless or until the director determines that it:

a.

Is consistent with the general plan, and any applicable specific plan; development agreement, or previously approved use permit;

b.

Is in compliance with zoning district requirements applicable to the site, except for a zoning map amendment or prezoning filed in compliance with Chapter 17.72 (Amendments); and

c.

Includes all information and materials required by Section 17.38.040(B) (Application Contents and Fees).

6.

Violations on the Site.

a.

The director shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this development code or any permit or other approval granted in compliance with this development code, other than an application for the approval, entitlement, or permit, if any, needed to correct the violation.

b.

The director's authority under this subsection shall apply whether:

i.

The current applicant was the owner of the subject property at the time the violation occurred; or

ii.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c.

The Director's decision may be appealed in compliance with Chapter 17.70 (Appeals).

B.

Referral of Application. At the discretion of the director, or where otherwise required by this development code, state, or federal law, any application filed in compliance with this development code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. No. 1869, § 2, 2-20-2013)

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Staff Evaluation. The director shall review all applications filed in compliance with this chapter to determine whether they comply with the provisions of this development code, other applicable provisions of the municipal code, and the general plan.

B.

Staff Report Preparation.

1.

The department staff shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this development code, other applicable provisions of the municipal code, the general plan, and any applicable specific plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental impact report.

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the review authority before the public hearing on the application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Permit Review Procedures. This chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this development code.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 5 (Subdivisions).

C.

Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.38 (Application Filing and Processing), for each application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. This section establishes procedures for the city's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this section are, therefore, to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites and are compatible with the highest standards of improvement in the surrounding neighborhoods;

3.

Better protect the increasing values, standards, and importance of land and development in the community;

4.

Retain and strengthen the visual quality of the community;

5.

Assist project developers in understanding the public's concerns for the aesthetics of development; and

6.

Ensure that development complies with all applicable city standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Table 4-2 identifies when site plan and architectural approval is required, and the responsible review authority.

Notes:

⁽¹⁾  Only where the same basic design will be used more than once in the same subdivision.

⁽²⁾  Landscaping plans may be required.

⁽³⁾  Site plan and architectural approval shall be required for new structures and addition or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on the site and where the cumulative square footage of a development project exceeds ten thousand square feet, even though individual structures may be less than ten thousand square feet.

⁽⁴⁾  Site plan and architectural approval shall be required for new multi-family projects on vacant parcels and new construction, additions or reconstruction projects that are equal to fifty percent or greater of the floor area of the existing structures on a developed site.

C.

Timing of Site Plan and Architectural Approval. When required, site plan and architectural approval shall be granted before the issuance of the building permit or the establishment of a temporary open lot use.

D.

Site Plan and Architectural Approval process. The site plan and architectural approval process shall be conducted as follows:

1.

Application preparation, filing, initial processing. An application for site plan and architectural approval shall be prepared, filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

2.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for site plan and architectural approval applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection E (Findings and Decision), below.

3.

Evaluation of Proposal. The review authority shall consider the design, location, site layout, and the overall effect of the proposed project upon surrounding properties and the city in general. The review shall compare the proposed project to applicable development standards, design guidelines, and other city regulations.

4.

Site Plan and Architectural Approval by the Director. Decisions of the director on site plan and architectural approval applications shall comply with subsection E; conditions of approval may be imposed in compliance with subsection F.

a.

Meeting. A meeting shall not be required unless requested in writing by an interested party before the director's action.

b.

Director's Action. Specified applications for site plan and architectural approval, as identified in Table 4-2 (Applicability of Site Plan And Architectural Approval), above may be approved or disapproved by the director.

c.

Referral to SPARC. The director may defer action on a site plan and architectural approval application and instead refer the matter to the SPARC for review and decision.

5.

Site Plan and Architectural Approval by the SPARC.

a.

SPARC's Decision. Decisions of the SPARC on site plan and architectural approval applications shall comply with subsection E and conditions of approval may be imposed in compliance with subsection F, below.

b.

Notice and Meeting. Notice of the SPARC meeting shall be given in compliance with Chapter 17.74 (Public Hearings).

c.

Site Plan and Architectural Approval. An application for site plan and architectural approval shall be considered by the SPARC following approval of the project's land use entitlement by the applicable review authority.

E.

Findings and Decision. The applicable review authority may approve a site plan and architectural approval application only after first finding that:

1.

The design and layout of the proposed project would:

a.

Be consistent with the development and design standards/guidelines of the applicable zoning district;

b.

Not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards;

c.

Maintain and enhance the attractive, harmonious, and orderly development contemplated by this development code; and

d.

Provide a desirable environment for its occupants, neighbors, and visiting public through good aesthetic use of durable materials, texture, and color.

2.

The proposed development:

a.

Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and

b.

Has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

F.

Conditions of Approval. In granting site plan and architectural approval, the review authority shall impose conditions as necessary to ensure compatibility with surrounding uses, and to preserve the public health, safety, and welfare. The conditions may include requirements regarding buffers, colors and materials, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc., deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a site plan and architectural approval application.

(Ord. No. 1869, § 2, 2-20-2013; Ord. 1920, § 1, 6-1-2016)

A.

Purpose. This section establishes procedures for the granting of temporary use permits that allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit in compliance with this section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exempt temporary uses are identified in subsection C (Exempt Temporary Uses), below; or

2.

Temporary Use Permits are identified in subsection D (Allowed Temporary Activities), below.

C.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with subsection D (Allowed Temporary Activities), below.

1.

Car Washes for Fund Raising. Car washes, limited to a maximum of two days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

2.

Construction Yards—On-site. On-site contractors' construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

3.

Emergency Facilities. Emergency public health and safety needs/land use activities.

4.

Garage Sales. Garage sales are exempt from the requirement for a temporary use permit provided that sales occur no more often than two times per year per residence, for a maximum of three consecutive days each, or one time per year, for a maximum of six consecutive days each.

D.

Allowed Temporary Activities. The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

1.

Construction Yards—Off-site. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs. (See also subsection D.11., below, regarding temporary work trailers.)

2.

Events. Outdoor events on private property including the following:

a.

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, swap meets, and tent revivals for ten consecutive days or less, or six two-day weekends, within a twelve-month period.

b.

Outdoor meetings, group activities, or sales within parking areas, for seven consecutive days or less, within a one hundred eighty-day period.

3.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., parking lot and sidewalk sales), in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) shall be allowed only if the merchandise displayed is regularly sold on the same site. These activities shall be located immediately adjacent to the structure, and their duration shall not exceed three consecutive days within a ninety-day period. Any sales activity proposed within a public right-of-way shall require an encroachment permit.

4.

Outdoor Sales of Flowers and Produce. The temporary outdoor sales of items (e.g., flowers, fruits, grapes, vegetables, etc.) grown on the subject property, in compliance with Section 17.36.080 (Outdoor Display and Retail Activities) which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use. The maximum duration shall not exceed one hundred eighty consecutive days, within a one-year period.

5.

Residence. A mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project. The permit may be approved for a specified duration, or upon expiration of the building permit, whichever first occurs.

6.

Seasonal Sales Lots. Seasonal sales activities (for example, pumpkins, Christmas trees, etc.) including temporary residence/security trailers, on non-residential properties, for forty-five days or less for each seasonal product, within a twelve-month period.

7.

Temporary Model Homes. Temporary model homes and related facilities may be established within the area of an approved residential subdivision project, solely for the first sale of homes.

8.

Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes.

9.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twenty-four months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

10.

Temporary Work Trailers.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

i.

During construction of a subdivision or other development project when a valid building permit is in force; or

ii.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

b.

A permit for temporary work trailers may be granted for up to twenty-four months.

11.

Temporary Outdoor Sales. Temporary outdoor sales events (e.g., car sales) may be allowed only when directly related to an approved "point of sale" within the city that will ensure that the city receives its appropriate sales tax.

12.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

E.

Application Filing, Processing, and Review. An application for a temporary use permit shall be filed with the department and processed in the following manner:

1.

Application Contents. The application shall be made on forms furnished by the department, and shall be accompanied by the information identified in the department handout for temporary use permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection G. (Findings and Decision), below.

2.

Time for Filing. An application for a temporary use permit shall be submitted for approval at least ten days before the date that the proposed use is scheduled to take place.

3.

Public Hearing Not Required. A public hearing shall not be required for a decision on a temporary use permit.

F.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1.

Adjustment of Standards. The director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

2.

Removal of Materials and Structures Associated with the Temporary Use. All materials and structures associated with the temporary use shall be removed within ten days from the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.

3.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.

G.

Findings and Decision.

1.

A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed pubic hearing.

2.

The director may defer action and refer the application to the commission for review and decision at a scheduled public hearing.

3.

The director may approve or conditionally approve a temporary use permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

b.

The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this development code; and

d.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

H.

Conditions of Approval. In approving a temporary use permit, the director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection G (Findings and Decision), above.

I.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this development code. The review authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a temporary use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. A use permit or minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. The procedures of this section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B.

Applicability.

1.

A use permit or minor use permit is required to authorize proposed land uses and activities identified by Article 2 (Land Use and Development Standards) as being allowable in the applicable zoning district subject to the approval of a use permit or minor use permit; and

2.

A use permit is required to allow the extension of a use for not more than fifty feet into a more restricted zoning district where the boundary line divides a "parcel of record" as defined in Article 7 (Definitions).

C.

Review Authority.

1.

Use Permits. Use permits shall be approved or disapproved by the commission.

2.

Minor Use Permits. Minor use permits shall be approved or disapproved by the Director.

a.

The director may choose to refer any minor use permit application to the commission for hearing and decision.

b.

A minor use permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with state law and the Lodi Environmental Review Guidelines or it shall be processed as a use permit.

D.

Application Filing and Processing. An application for a use permit or minor use permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

E.

Project Review, Notice, and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this development code.

1.

Use Permit. The commission shall conduct a public hearing on an application for a use permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

2.

Minor Use Permit. Before a decision on a minor use permit, the public notice shall be provided in compliance with Chapter 17.74 (Public Hearings), and as follows:

a.

Public Notice. The notice shall state that the director will decide whether to approve or disapprove the minor use permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.

b.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.74, and the director shall conduct the public hearing before a decision on the application in compliance with Chapter 17.74.

F.

Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a use permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a use permit only after first finding that:

1.

The proposed use is allowed with a use permit within the applicable zoning district and complies with all applicable provisions of this development code;

2.

The proposed use is consistent with the general plan and any applicable specific plan;

3.

The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements;

4.

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

5.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

G.

Conditions of Approval. In approving a use permit, the commission may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection F (Findings and Decision), above.

H.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a use permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. The provisions of this section allow for variances from the development standards of this development code.

1.

Special Privileges Prohibited.

a.

A variance may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts, or creates an unnecessary, and non-self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards.

b.

A variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or which is contrary to the public convenience, health, interest, safety, or welfare.

2.

Does Not Extend to Uses. The power to grant variances does not extend to allowable land uses; flexibility in allowable land uses is provided in Section 17.40.040 (Use Permits).

B.

Review Authority. Variances may be granted in compliance with the following:

1.

Director. The director may grant administrative deviations, or may defer action and refer the application to the commission, in compliance with subsection D, below, and state law (Government Code Section 65901).

2.

Commission. The commission may grant variances in compliance with subsection D.

C.

Allowable Administrative Deviations. The director may approve an application for an administrative deviation from the development standards identified in Table 4-3, below, and for the sign standards of Chapter 17.34 (Signs) as provided in Section 17.34.080 (Exceptions to Sign Area Standards).

D.

Variances. The commission may grant an adjustment from the requirements of this development code governing only the following development standards:

1.

Development Standards. Any development standard identified in subsection C (Allowable Administrative Deviations), above where the requested adjustment exceeds the maximum limits for an administrative deviation;

2.

Dimensional Standards. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, parcel area, parcel dimensions, parking areas, open space, setbacks, structure heights, etc.;

3.

Numerical Standards. Number of off-street parking spaces, loading spaces, landscaping, etc.;

4.

Signs. Sign regulations (other than prohibited signs);

5.

Alteration, Enlargement, or Reconstruction of Nonconformities. To allow the alteration or enlargement of a nonconforming use, or the alteration, enlargement, or reconstruction of a structure in which a nonconforming use is conducted, when the changes (e.g., alteration, enlargement, or reconstruction) would be of distinct benefit to the zoning district in which the use or structure is located; and

6.

Other. Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, etc.

E.

Application Requirements. An application for a variance shall be filed in compliance with Chapter 17.38 (Application Filling and Processing). The application shall be accompanied by the information identified in the department handout for variance applications. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G (Findings and Decision), below.

F.

Notice and Hearings.

1.

Administrative Deviations. A public hearing shall not be required for the director's decision on an administrative deviation.

2.

Variances.

a.

A public hearing shall be required for all variances, which shall be considered by the commission.

b.

A public hearing shall be scheduled once the director has determined the application complete.

c.

Noticing of the public hearing shall be given in compliance with Chapter 17.74 (Public Hearings).

G.

Findings and Decision. The applicable review authority shall record the decision in writing with the findings on which the decision is based. Following a public hearing, if required, the review authority may approve a variance application, with or without conditions, only after first finding that:

1.

There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self created hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards;

2.

Granting the variance would:

a.

Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;

b.

Be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

c.

Not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district; and

d.

Not be materially detrimental to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

3.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines.

H.

Compliance with Findings. In approving a variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to:

1.

Compliance with Section. Ensure compliance with the general purpose of this section, and the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

2.

Special Privileges Prohibited. Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located;

3.

Compliance with Findings. Ensure that the approval would be in compliance with the findings required by subsection G (Findings and Decision), above; and

4.

Protect Interests. Protect the best interests of the surrounding property or neighborhood.

I.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a variance application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. Planned development permits are intended to promote and encourage flexibility in the city's residential, commercial, and industrial zoning districts relating to property development, design, and open space areas, while protecting the public health, safety, general welfare, integrity, and character of the city, and ensuring consistency with the general plan and any applicable specific plan.

1.

Projects proposed through planned development permit applications are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from more traditional development.

2.

Project review shall determine whether the planned development permit should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

B.

Applicability. An application for a planned development permit shall be considered by the commission and shall be available, at the discretion of the applicant, for development within all zoning districts of the city.

1.

Land Use Activity. A planned development permit may not authorize a land use activity that is not allowed in the subject zoning district.

2.

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

3.

Modify Standards.

a.

The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off-street parking [design and ratios], open space, street layout, etc.) identified in this development code, with the exception of an increase in the applicable density/intensity provisions.

b.

Residential development projects with increased density or intensity standards may only be approved by the council in compliance with state law (Government Code Section 65915).

C.

Application Filing and Processing. An application for a planned development permit shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

D.

Project Review, Notice, and Hearing.

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 section. The director shall submit a staff report and recommendation to the commission for their consideration.

2.

The commission shall conduct a public hearing on an application for a planned development permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.74 (Public Hearings).

E.

Findings and Decision. Following a public hearing, the commission may approve or disapprove an application for a planned development permit. The commission shall record the decision and the findings upon which the decision is based. The commission may approve a planned development permit only after first finding that:

1.

The proposed development is:

a.

Allowed within the subject base zoning district;

b.

Generally in compliance with all of the applicable provisions of this development code relating to both on- 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 the respective base zoning district, including prescribed development standards and applicable design guidelines; and

c.

Consistent with the general plan and any applicable specific plan.

2.

The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than which might otherwise occur from more traditional development applications and would provide a clear benefit to the city;

3.

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and base zoning district in which the property is located;

4.

The subject site is:

a.

Physically suitable for the type and density/intensity of development being proposed;

b.

Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, open space, parking, yards, and other features generally required by this development code and necessary to support the proposed development; and

c.

Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

5.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

F.

Conditions of Approval. In approving a planned development permit, the commission may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 6 (Development Code Administration), and those identified in Chapter 17.42 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a planned development permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. The provisions of this section allow for issuance of a certificate of occupancy authorizing the use of land or structures in compliance with this development code.

B.

Applicability. Vacant land shall not be used or occupied, except for agricultural purposes, and no structure shall be altered, erected, moved, occupied, or used until a certificate of occupancy has been issued by the director or his designee.

C.

Procedural Requirements.

1.

A certificate of occupancy for the use of vacant land or for a change in the character of the use of land, as provided in this section, except for agricultural purposes, shall be applied for before the land is occupied or used.

2.

The certificate of occupancy shall be issued within five days after the application has been made; provided, the use is in compliance with the provisions of this development code.

3.

A certificate of occupancy for a new structure or the alteration, conversion, or reconstruction of an existing structure shall be applied for together with the application for building permit. The certificate shall be issued, if after inspection it is found that the structure complies with the provisions of this development code and all other the applicable requirements of law or ordinance.

4.

A temporary certificate may be issued for the temporary use of a portion of the structure before the completion and occupancy of the entire structure. However, the temporary certificate shall only be issued under restrictions and provisions that will adequately ensure the safety of the occupants.

5.

The certificate of occupancy shall state that the structure or proposed use of a structure or land is in compliance with all applicable city, state, and federal laws and regulations.

6.

Copies of all certificates shall be kept on file in the community development department for public inspection, with copies of a certificate furnished on request, to any person having a proprietary or tenant interest in the structure.

7.

Fees shall not be charged for a certificate of occupancy.

(Ord. No. 1869, § 2, 2-20-2013)

This chapter provides requirements for the implementation or "exercising" of the permits required by this development code, including time limits, and procedures for extensions of time.

(Ord. No. 1869, § 2, 2-20-2013)

The approval of a land use permit (e.g., site plan and architectural approval, planned development permit, temporary use permit, use permit, or variance) shall become effective on the 11th business day following the date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.70 (Appeals).

(Ord. No. 1869, § 2, 2-20-2013)

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any of the land use permits required by this development code.

A.

Form and Amount of Security. The required security shall be in a form approved by the director, upon recommendation of the city attorney. The amount of security shall be as determined by the director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director, or until any warranty period required by the director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

D.

Release or Forfeit of Security.

1.

Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2.

Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.

3.

Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Time Limits.

1.

Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or approval granted in compliance with Chapter 17.40 (Permit Approval or Disapproval) that is not exercised within two years of its approval shall expire and become void, except where an extension of time is approved in compliance with subsection B, below.

2.

The permit shall not be deemed "exercised" until the permittee has commenced actual construction (after obtaining any required construction permit) or has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

3.

For the purposes of this development code, actual construction shall mean the placing of construction materials in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure(s).

4.

The land use permit shall remain valid after it has been exercised as long as a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted.

5.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be deemed void. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and be deemed void.

B.

Extensions of Time. Upon request by the applicant, the review authority may extend the time for an approved permit to be exercised in the following manner:

1.

The applicant shall file a written request for an extension of time with the department at least ten days before the expiration of the permit, together with the filing fee required by the council's fee resolution.

2.

The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to an additional one year from the date of the decision to extend the permit, provided that the review authority first finds that:

a.

The proposed extension is consistent with the general plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; and

b.

There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the proposed change would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

3.

No more than one time extension shall be granted.

C.

Hearing on Expiration. At the request of the applicant, the review authority may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.74 (Public Hearings).

(Ord. No. 1869, § 2, 2-20-2013)

A new development project or land use authorized through a permit granted in compliance with this development code shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section.

A.

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

B.

Minor Changes. The director may approve changes to an approved site plan, architecture, or the nature of the approved use if the changes:

1.

Are consistent with all applicable provisions of this development code;

2.

Do not involve a feature of the project that was specifically addressed in, or was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.

Do not expand the approved floor area or any outdoor activity area by ten percent or more over the life of the project.

C.

Major Changes. Changes to the project that do not comply subsection B, above, shall only be approved by the review authority through a new permit application.

(Ord. No. 1869, § 2, 2-20-2013)

A land use permit granted in compliance with this chapter shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use remains in compliance with all applicable provisions of this development code and any conditions of approval.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Resubmittals Prohibited within Twelve Months. For a period of twelve months following the disapproval or revocation/modification of a discretionary land use permit, entitlement, or amendment granted in compliance with this development code, no application for the same or substantially similar discretionary permit, entitlement, or amendment for the same site shall be filed.

B.

Director's Determination. The director shall determine whether the new application is for a discretionary land use permit or other approval which is the same or substantially similar to the previously disapproved or revoked permit, entitlement, or amendment.

C.

Appeal. The determination of the director may be appealed to the commission, in compliance with Chapter 17.70 (Appeals).

D.

Council Waiver. The council may waive the prohibition in subsection A, above if the council finds that by reason of changed legal, physical, or sociological circumstances, reconsideration would be in the best interests of the city.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Applicability. 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 of easement in favor of the city, in compliance with Government Code Sections 65870 et seq.

1.

A covenant of easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2.

The covenant of easement may be imposed as a condition of approval by the review authority.

B.

Form of Covenant. The form of the covenant shall be approved by the city attorney, and the covenant of easement shall:

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefited by the easement;

3.

Identify the city approval or permit granted which relied on or required the covenant; and

4.

Identify the purpose(s) of the easement.

C.

Recordation. The covenant of easement shall be recorded in the county recorder's office.

D.

Effect of Covenant. From and after the time of its recordation, the covenant of easement shall:

1.

Act as an easement in compliance with state law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2.

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.

E.

Enforceability of Covenant. The covenant of 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.

F.

Release of Covenant. The release of the covenant of easement may be effected by the commission, or the council on appeal, following a noticed public hearing in compliance with Chapter 17.74 (Public Hearings).

1.

The covenant of 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.

A notice of the release of the covenant of easement shall be recorded by the director with the county recorder's office.

G.

Fees. The city shall impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be established by the council's fee resolution.

(Ord. No. 1869, § 2, 2-20-2013)

This chapter is adopted in compliance with the provisions of California Government Code Sections 65864 through 65869.5.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Eligibility to Apply. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. The director may require an applicant to submit proof of the applicant's interest in the real property and of the authority of any agent to act for the applicant. Before processing the application, the director may obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

B.

Application Content. The director shall prescribe the form for each application along with a processing fee as adopted by the city council. The director may require an applicant to submit such information and supporting data as the director considers necessary to process the application.

C.

Form of Agreement. Each application shall be accompanied by the form of standard development agreement established by the city and approved by the council with any additional alternatives, modifications or changes proposed by the applicant.

(Ord. No. 1869, § 2, 2-20-2013)

The director shall give notice of the city's intention to consider adoption of a development agreement in conjunction with any other public hearing required by law or this title, at least ten days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice requirements in Section 17.74.020 of this development code.

(Ord. No. 1869, § 2, 2-20-2013)

After a hearing by the planning commission, which may be held in conjunction with other required hearings for the project including amendments to the general plan, rezonings, subdivision maps, or conditional use permits, the planning commission shall make its recommendation in writing to the council. The recommendation shall include consideration of the following:

A.

Consistency with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Consistency with the provisions of this development code;

C.

Conformity with public health, safety and general welfare;

D.

The affect on the orderly development of property or the preservation of property values; and

E.

Whether the provisions of the agreement shall provide sufficient benefit to the city to justify entering into the agreement.

(Ord. No. 1869, § 2, 2-20-2013)

Following notice as provided by Section 17.44.030 above, the council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the planning commission. The council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. If the council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city may enter into the agreement.

(Ord. No. 1869, § 2, 2-20-2013)

Either party may propose an amendment to, or cancellation in whole or in part, of an executed development agreement. If proposed by the developer, the procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the city initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty days notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

B.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65865.1 for failure of the application to comply in good faith with the terms or conditions of the agreement, the city clerk shall likewise have record notice of such action with the county recorder.

(Ord. No. 1869, § 2, 2-20-2013)

The city shall review the development agreement every twelve months from the date the agreement is entered into.

A.

The director shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The director shall give the notice at least thirty days before the date when the matter shall be considered by the council.

B.

The council shall receive the director's report at a regularly scheduled city council meeting. A public hearing may be held but is not required. At the meeting, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given as provided above by Section 17.44.030 above.

C.

The council shall determine whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

D.

If the council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the council shall order the property owner to cure the default within sixty days. If the property owner fails to do so, the council may modify or terminate the agreement.

(Ord. No. 1869, § 2, 2-20-2013)