Loma Linda City Zoning Code
CHAPTER 17
30 ADMINISTRATION
§ 17.30.010 Purpose.
It is the purpose of this chapter to provide for the efficient and uniform processing of zoning devices (variances, conditional use permits, precise plans of design, or other matters necessitating administrative or public hearings). It is understood and declared that it is impossible to establish absolute restrictions and regulations upon all subjects mentioned in this title, and therefore from time to time it will be necessary to allow for due process of applications for change or relief and appropriate legislative action thereon.
(Ord. 98 § 20.01, 1974; Ord. 778, 11/14/2023)
§ 17.30.020 City council amendments authorized.
The city council in accordance with state law as mentioned previously in this title may amend, supplement, or change the regulations and districts herein or subsequently established. Such action may be instigated by petition of property owners providing the request is clearly set forth and all relevant facts presented in a form and at a processing fee as established by the city council.
(Ord. 98 § 20.02, 1974; Ord. 778, 11/14/2023)
§ 17.30.025 Approving authority.
A.
Decision-Making Bodies. There are three primary decision-making bodies established to administer the provisions of the development code and the general plan. The decision-making body is responsible to make decisions on specific planning applications set forth below in Table No. 17.30-1. The action taken by the decision-making body is final.
Table No. 17.30-1 | |||
|---|---|---|---|
Type of Land Use Entitlement | Decision-Making Body (Final) | ||
CDD | PC | CC | |
Minor Variance | X | ||
Variance | X | ||
Minor Use Permit | X | ||
Conditional Use Permit | X | ||
Precise Plan of Design - Minor | X | ||
Precise Plan of Design | X | ||
Comprehensive Sign Program | X | ||
Tentative Parcel Map | X | ||
Tentative Tract Map | X | ||
Zoning Amendment (text or map) | X | ||
General Plan Amendment (text or map) | X | ||
Specific or Master Plan | X | ||
Key: |
|---|
CDD - Community Development Director, referred to as the "director" |
PC - Planning Commission |
CC - City Council |
B.
Concurrent Review. When a project requires approval of multiple permits, all of the permits shall be reviewed concurrently by the highest applicable decision-making body; provided however, that prior to the review by such review authority, the project receives any and all required recommendations and advisory input from applicable committees or commissions.
C.
Applications Not Listed. In the event a review authority is not specified for a particular application, the director shall be the review authority or make the appropriate determination.
(Ord. 778, 11/14/2023)
§ 17.30.030 Public hearings and notices.
A.
Public Hearing and Hearing Notice.
1.
Public Hearings. Every application reviewed by the planning commission and the city council shall be set for a public hearing. However, tentative tract map, parcel map, lot split, street and alley vacation requests or their time extension request as adopted pursuant to the Subdivision Map Act (Section 66411 et seq., of the Government Code, hereafter "Act") shall be subject to approval by the city council. Hearings may be continued from time to time, by the planning commission or city council, as may be deemed necessary.
2.
Hearing Notice. Pursuant to Government Code Sections 65090 to 65096, notice shall be given for all public hearings not less than ten calendar days before the scheduled date of a hearing. The notice shall state the date, time, and place of the hearing, the identity of the approving body or officer, a general explanation of the matter to be considered, and a general description of the location that is the subject of the hearing. Notice of the public hearing shall be given in the following ways:
a.
Notice shall be mailed, postage prepaid by the applicant, to the owners of property within a radius of three hundred feet of the exterior boundaries of the of the property involved in the application, using for this purpose the last known name and address of such owners as currently shown upon the tax assessor's records.
i.
If the number of owners to whom notice would be mailed or delivered is greater than one thousand, in lieu of mailed or delivered notice, the notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local community.
b.
Notice shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
c.
Notice shall be mailed to any person who has filed a written request for notice.
d.
If the notice is mailed or delivered, the notice shall also either be:
e.
In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary and desirable.
f.
The failure of any person or entity to receive a hearing notice shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.
3.
Public Hearing On-Site Sign Requirements. In addition to the noticing requirements of subsection (A)(1-2), the public notice shall also be made by a notification sign to be placed in the area affected by the proceeding.
a.
For projects requiring approval by the planning commission and city council, the notification sign shall be provided by the applicant and meet the following criteria:
i.
Size and specifications. The public notification sign shall be a minimum of six square feet and a maximum of ten square feet for existing structures. Proposed development shall have a notification sign of a minimum of twelve square feet and a maximum of thirty-two square feet. The sign shall not exceed six feet in total height.
ii.
The sign shall include project information in large, legible font.
iii.
The sign shall be made of highly-durable materials that are weather and fade resistant.
iv.
Location and installation standards. A sign shall be posted on each street frontage no less than five feet inside the property line and not within the vision triangle of a corner lot. The sign shall be set at least eighteen inches above ground.
v.
Verification. On or before the required date of installation, the applicant shall submit to the community development department a signed affidavit or some other acceptable proof of installation of the on-sign site.
vi.
Sign removal and maintenance. The sign shall be maintained in good condition and remain in place until the final decision on the application has been made or the applicant has withdrawn. The sign shall be removed after the appeal period or on the date of withdrawal.
vii.
If the proposed project requires more than one hearing, the date listed on the sign must be changed immediately after the first hearing and at least ten days prior to the second hearing.
B.
Notices for Administrative Applications.
1.
Public Notice for Administrative Applications. Every application to be administratively reviewed will require a public notice. Prior to taking action on such application, the director shall notify the applicant, interested parties, and properties within three hundred feet of the subject site by mail and public posting, as set forth in subsection (A)(2)(a-f). The notice shall include:
a.
A statement that the director will decide whether to approve or deny the 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 at least five days before the specified date for the decision.
b.
The written request for a hearing shall be based on issues of significance directly related to the application (e.g. provision of evidence that the request cannot meet one or more of the applicable findings.)
c.
If the director determines that the evidence has merit and can be properly addressed by a condition(s) added to the approval, the director may consider the permit in compliance with subsection (B)(1)(e).
d.
If a public hearing is requested, and the provisions of subsection (B)(1)(b) do not apply, the director shall schedule the hearing that shall be noticed and conducted in compliance with subsection (A)(1-2).
e.
If no public hearing is requested, the director shall render a decision on the date specific in the notice referred to in subsection (B)(1)(a).
2.
Public Notice On-Site Sign Requirements. For projects approved administratively, the on-site notification sign shall meet the following criteria:
a.
Size and specification. The public notification sign shall be at least eight and one-half inches by eleven inches.
b.
Locations and installation standards. A sign shall be posted on each street frontage or the primary store front window no later than ten days prior to the date of decision.
c.
Verification. On or before the required date of installation, the application shall submit to the Community Development Department a signed affidavit or some other acceptable proof of installation of the on-sign site.
d.
Sign removal and maintenance. The sign shall be maintained in good condition and remain in place until the final decision on the application has been made or the applicant has withdrawn. The sign shall be removed after the appeal period or on the date of the withdrawal.
(Ord. 778, 11/14/2023)
§ 17.30.040 Minor variance.
A.
Purpose and Granting Authority.
1.
It is the intent and purpose of this section to provide for the granting of administrative adjustments or minor exceptions to the development standards of this code by the community development director in those cases where such minor variances or deviations are warranted by practical difficulties, unnecessary hardships, or results that without the administrative adjustment may be inconsistent with the general intent of this code.
2.
Subject to the provisions of this chapter, the director may approve the minor variance, or may defer action to the planning commission for review and final decision.
3.
The director shall impose conditions to ensure that the minor variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B.
Applicability.
1.
For the purpose of this section, a minor variance means minor exceptions from yard, setback, or open space requirements no more than fifteen percent of the code requirement; minor variances from required lot area, sign area, or dimension requirements of no more than ten percent; and minor exceptions from height requirements of no more than twenty percent of the code requirement.
2.
Minor variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning code governing that property. A minor variance is not a substitute for a zone change or zone text amendment.
C.
Application.
1.
A signed application for a minor variance from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the community development department. No application shall be considered by the director until the application is determined to be complete and all required fees have been paid to the city.
2.
At a minimum, the application shall include:
a.
A statement that the applicant is the owner of the subject property or an agent thereof;
b.
The legal description of the property involved, the proposed use, and site plans;
c.
A reference to the specific provisions of this title that are applicable to the requested deviation; and
d.
A letter describing the practical difficulties, unnecessary hardships, or results inconsistent with the intent and purpose of this title that would make the proposed project applicable for a minor variance.
D.
Findings.
1.
The review authority may approve a minor variance only if it first makes all of the following findings:
a.
That there are exceptional and extraordinary circumstances or conditions applicable to the property involved;
b.
That the minor variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone in which property is located;
c.
That granting such a minor variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;
d.
That the granting of such minor variance will be consistent with the general plan for the city.
E.
Conditions of Granting.
1.
That the director, in reviewing such requests and hearing the evidence, finds that the findings of subsection D of this section have been met;
2.
The director may approve, conditionally approve, or deny any minor variance request by written notice to be mailed to the applicant and any other person requesting such report no later than five days following the rendering of a decision.
(Ord. 778, 11/14/2023)
§ 17.30.050 Variance.
A.
Purpose and Granting Authority.
1.
When practical difficulties arrive, unnecessary hardships are imposed, or results inconsistent with the intent and purpose of this title by reason of the strict and literal interpretation of language in its provisions, the planning commission or city council shall have the authority to grant a variance upon approved terms and conditions as may be deemed necessary to ensure that the intent and purpose of this title and the public health, safety and welfare will be promoted.
2.
Subject to the provisions of this chapter, the planning commission or city council may grant or deny variances.
3.
The granting of a variance shall be subject to such conditions as will ensure that the variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located. Under no circumstance shall this provision be utilized to permit a use inconsistent with the existing zone or the adopted general plan land use designation.
B.
Applicability.
1.
For the purpose of this section, a variance means a deviation from yard, setback, or open space requirements that exceeds fifteen percent of the code requirement; deviations from required lot area, sign area, or dimension requirements that exceed ten percent of the code requirement; deviations from height requirements that exceed twenty percent of the code requirement; deviations from sign standards, parking regulations, and other zoning provisions.
2.
Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning code governing that property. A variance is not a substitute for a zone change or zone text amendment.
C.
Application.
1.
A signed application for a variance from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the community development department. No application shall be considered until the application is determined to be complete and all required fees have been paid to the city.
2.
At a minimum, the application shall include:
a.
A statement that the applicant is the owner of the subject property or an agent thereof;
b.
The legal description of the property involved, the proposed use, and site plans;
c.
A reference to the specific provisions of this title that are applicable to the requested variance; and
d.
A letter describing the practical difficulties, unnecessary hardships, or results inconsistent with the intent and purpose of this title that would make the proposed project applicable for a variance.
D.
Findings.
1.
The review authority may approve a variance only if it first makes all of the following findings:
a.
That there are exceptional and extraordinary circumstances of conditions applicable to the property involved, including its size, shape, topography, location, or surroundings;
b.
That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;
c.
That granting such a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;
d.
That the granting of such variances will be consistent with the general plan for the city.
E.
Conditions for Granting.
1.
That a public hearing was held wherein the applicant is heard and in which the or applicant demonstrates that the applicant has met all of the conditions;
2.
That the planning commission, in reviewing such requests and hearing the evidence, finds that the findings of subsection D of this section have been met;
3.
The planning commission may approve, conditionally approve, or deny any variance request by written notice to be mailed to the applicant and any other person requesting such report no later than five days following the rendering of a decision.
(Ord. 778, 11/14/2023)
§ 17.30.060 Minor use permit.
A.
Purpose and Granting Authority.
1.
The purpose of a minor use permit is to provide sufficient flexibility in the use regulations to further the objective of this title. A minor use permit provides a process for reviewing uses and activities that may be appropriate in the applicable zone, but whose effects on a specific site and surroundings cannot be determined before being proposed for the specific site.
2.
Certain types of land uses require special consideration in a particular zone or in a city as a whole because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable.
3.
Minor use permits shall be approved or denied by the director. The director may choose to refer any minor use permit application to the planning commission for review and final decision.
C.
Application.
1.
A signed application for a minor use permit from zoning regulations shall be filed by the owner or authorized agent accompanied by forms and fees as required by the community development department. No application shall be considered until the application is determined to be complete and all required fees have been paid to the city.
2.
At a minimum, the application shall include:
a.
A site plan prepared to scale showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on the plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included;
b.
A legal description of the property involved;
c.
Reference to specific provisions of this title which are applicable to the minor use permit sought;
d.
A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e.
Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f.
Any additional information required by the planning department to evaluate the application.
D.
Findings.
1.
The review authority may approve a minor use permit only if it first makes all of the following findings:
a.
The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this title, the municipal code, the general plan, and any applicable specific plan;
b.
The subject site is physically suitable for the type, density, and intensity of the proposed use including access, utilities, and services;
c.
The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; and
d.
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
E.
Conditions for Granting.
1.
Conditions of Approval. In approving a 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 subsection D of this section.
2.
Periodic Review. The city may conduct a periodic review of the permit to ensure proper compliance with this title and any development or operational conditions imposed by the review authority.
3.
Permit to Run with the Land. A minor use permit approved in compliance with the provisions of this section 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 section.
(Ord. 778, 11/14/2023)
§ 17.30.070 Conditional use permit.
A.
Purpose and Granting Authority.
1.
The purpose of a conditional use permit is to provide a process for the discretionary review of proposed uses that are necessary for the development of the community, but must be located, planned, and used in such a manner as not to be detrimental to surrounding uses and to the community as a whole. In considering the conditional use permit, the planning commission shall determine whether the use is suitable in the area and if granted, shall require conditions necessary to protect the health, safety, morals, and general welfare. In approving such uses, the planning commission shall set forth the manner in which the use is to be conducted.
2.
Conditional use permits shall be approved or denied by the planning commission.
B.
Applicability.
2.
Specific Uses Designated. The following uses may be permitted pursuant to the provisions of this title in any zone except where expressly prohibited, when such uses are determined by the council to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives:
a.
Conditional uses in specified zones:
i.
Civic and community clubs in R-2 or any less restrictive residential or commercial zone;
ii.
Development of natural resources (excluding drilling for or producing oil, gas, or other hydrocarbon substances or the production of rock and gravel) together with the necessary buildings, apparatus or appurtenances incident thereto in any industrial zone;
iii.
Freestanding service station identification signs in C-1 zoning districts;
iv.
Any such similar uses as the planning commission may deem to be similar and equally essential to the public welfare;
v.
Freestanding signs within one hundred feet of the Interstate 10 freeway in the C-1, C-2, and CM and BP zones, subject to the following criteria:
(A)
The sign is located on the same property as the use advertised, and
(B)
The parcel must have a minimum of two hundred lineal feet of freeway frontage, or
(C)
Be located on a freeway frontage parcel consisting of no less than three acres, or
(D)
Have principal structures consisting of a collective total of not less than fifty thousand square feet;
C.
Application.
1.
A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the community development department accompanied by copies of the site development and elevation as required by the planning department;
2.
At a minimum, the application shall include:
a.
A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included;
b.
A legal description of the property involved;
c.
Reference to specific provisions of this title which are applicable to the conditional use permit sought;
d.
A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e.
Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f.
Any additional information required by the planning department to evaluate the application.
D.
Findings.
1.
The review authority may approve a conditional use permit only if it first makes all of the following findings:
a.
The proposed use is allowed within the applicable zone and complies with all other applicable provisions the municipal code, the general plan, and any applicable specific plan;
b.
The subject site is physically suitable for the type, density, and intensity of the proposed use including access, utilities, and services;
c.
The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity; and
d.
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
E.
Conditions for Granting.
1.
In approving a conditional 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 subsection D of this section.
2.
The review authority may grant the conditional use permit in whole or in part upon such conditions as it may deem necessary and appropriate.
3.
Periodic Review. The city may conduct a periodic review of the permit to ensure proper compliance with this title and any development or operational conditions imposed by the review authority.
4.
Permit to Run with the Land. A conditional use permit approved in compliance with the provisions of this section 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 section.
(Ord. 778, 11/14/2023)
§ 17.30.080 Minor precise plan of design.
A.
Purpose and Granting Authority.
1.
The purpose of the minor precise plan of design is to provide a process for the review of residential and nonresidential development proposals, and to ensure that the site and design of the project complies with all applicable design guidelines, standards, and ordinances, and is consistent with the general plan.
2.
An application for a minor precise plan of design shall be approved or denied by the director.
B.
Applicability.
1.
An application for a minor precise plan of design is required for all projects which meets any of the following criteria:
a.
Facade changes to an existing and previously approved nonresidential building.
b.
Small accessory structures and residential additions over five hundred square feet.
c.
Nonresidential additions under three thousand square feet not involving the use of significant amount of hazardous substances and is in area where all public services are available.
d.
Projects with minor aesthetic, land use or traffic implications.
e.
New, wireless communication facilities.
2.
The precise plans of design referred to in this chapter are not to be confused with or considered to be "precise plans" as referred to in the Government Code of the state.
C.
Application.
1.
A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the Community Development Department accompanied by copies of the site development and elevation as required by the planning department;
2.
At a minimum, the application shall include:
a.
A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included;
b.
A legal description of the property involved;
c.
Reference to specific provisions of this title which are applicable to the conditional use permit sought;
d.
A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e.
Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f.
Any additional information required by the community development department to evaluate the application.
D.
Findings.
1.
The review authority may approve a minor precise plan of design only if it first makes all of the following findings:
a.
The proposal complies with the provisions within the municipal code and is consistent with the general plan and any applicable specific plan.
b.
The site layout and design is of high quality, architecturally and aesthetically pleasing, and is compatible with the character of the neighborhood and general community;
c.
The proposal will result in an efficient, safe and desirable project that is not materially detrimental to public health, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
d.
The project will not be detrimental to the harmonious and orderly growth of the city.
E.
Conditions for Granting.
1.
Conditions of Approval. In approving a minor precise plan of design, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection D of this section.
2.
Approval or Rejection. Any such precise plan of design may be rejected, adopted, modified and adopted, or adopted subject to conditions. Any such precise plan of design after adoption, may be amended in the same manner as a precise plan of design is first adopted hereunder. If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections. Otherwise, such proposed precise plan shall be approved. Modifications and conditions may be imposed only to the extent reasonably necessary in connection with the proposed use to remove the said objections, and to that extent may impose greater, but shall not permit lesser, restrictions than those imposed by this title.
(Ord. 778, 11/14/2023)
§ 17.30.090 Precise plan of design.
A.
Purpose and Granting Authority.
1.
The purpose of the precise plan of design is to provide a process for the review of residential and non-residential development proposals, and to ensure that the site and design of the project complies with all applicable design guidelines, standards, and ordinances, and is consistent with the general plan.
2.
An application for a precise plan of design shall be approved or denied by the planning commission.
B.
Applicability.
1.
An application for a precise plan of design is required for all projects requiring planning commission or city council's review. Such application is required for the following types of submittals:
a.
Single-family residential projects of three or more units.
b.
New multifamily residential and nonresidential projects.
c.
Changes in use or modifications to multifamily or nonresidential uses and structures over three thousand square feet.
d.
Any proposal exceeding the criteria for minor precise plan of design review.
2.
Definition Distinction. The precise plans of design referred to in this chapter are not to be confused with or considered to be "precise plans" as referred to in the Government Code of the state.
C.
Application.
1.
A signed application and payment of such fee as should be established by resolution of the city council shall be submitted to the community development department accompanied by copies of the site development and elevation as required by the planning department;
2.
At a minimum, the application shall include:
a.
A site plan, prepared to scale, showing accurately, and with complete dimensioning, all buildings proposed for the parcel. The data contained on said plan shall include information on all buildings, structures, signs, parking, landscaping, walls or fences, and the points of ingress and egress. In addition, all necessary information to clearly define the intended use of the property and its relationship to adjacent properties shall be included;
b.
A legal description of the property involved;
c.
Reference to specific provisions of this title which are applicable to the conditional use permit sought;
d.
A list of all names and addresses of all owners of real property within three hundred feet from external boundaries of the property involved, as shown on the latest available tax roll;
e.
Evidence of ability and intention of applicant to proceed with actual construction work in accordance with a submitted plan within one hundred eighty days from the date of granting the permits; and
f.
Any additional information required by the community development department to evaluate the application.
D.
Findings.
1.
The review authority may approve a precise plan of design only if it first makes all of the following findings:
a.
The proposal complies with the provisions within the municipal code and is consistent with the general plan and any applicable specific plan.
b.
The site layout and design is of high quality, architecturally and aesthetically pleasing, and is compatible with the character of the neighborhood and general community;
c.
The proposal will result in an efficient, safe and desirable project that is not materially detrimental to public health, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
d.
The project will not be detrimental to the harmonious and orderly growth of the city.
E.
Conditions for Granting.
1.
Conditions of Approval. In approving a Precise Plan of Design, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by subsection D of this section.
2.
Approval or Rejection. Any such precise plan of design may be rejected, adopted, modified and adopted, or adopted subject to conditions. Any such precise plan of design after adoption, may be amended in the same manner as a precise plan of design is first adopted hereunder. If the precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would adversely affect the public peace, health, safety or general welfare to a degree greater than that generally permitted by this title, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove the said objections. Otherwise, such proposed precise plan shall be approved. Modifications and conditions may be imposed only to the extent reasonably necessary in connection with the proposed use to remove the said objections, and to that extent may impose greater, but shall not permit lesser, restrictions than those imposed by this title.
(Ord. 778, 11/14/2023)
§ 17.30.100 Required dedications, easements and improvements.
Required dedications, easements and improvements for planning applications shall be as follows:
A.
Dedications and/or easements for streets, alleys, drainage, public utilities, bridle trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties;
B.
Improvements.
1.
Grading on/off site drainage and drainage structures,
2.
Curbs and gutters,
3.
Sidewalks,
4.
Street pavement,
5.
Adequate domestic water service,
6.
Sanitary sewer facilities and connections,
7.
Services from public utilities where provided,
8.
Street trees,
9.
Street lights and street name signs,
10.
All water lines are to be laid and fire hydrants installed subject to city specifications,
11.
In addition to the aforesaid minimum improvements, the planning commission shall require such additional improvements and facilities as determined necessary for the proper development of the site and area.
C.
Responsibility for the posting of bonds fulfilling city requirements for both on and off-site improvements is the responsibility of the applicant.
(Ord. 778, 11/14/2023)
§ 17.30.320 Provisions applicable after zoning device action.
§ 17.30.350 Zoning device-Imposition of terms authorized.
In approving any zoning device, reasonable terms and conditions may be imposed deemed necessary to protect the health, safety, convenience, and welfare of the community and assure the intent and purpose of this title. Surety devices or other forms of guarantee may be required if deemed necessary to ensure such terms and conditions are being or shall be complied with.
(Ord. 98 § 20.08.03, 1974;Ord. 778, 11/14/2023 )
§ 17.30.360 Zoning device-Time limit extension fee.
Whenever a permit, entitlement, privilege, approval or other forbearance is granted by the city and such action on the city's part imposes a time limit within which an act is to be done and the applicant or recipient therefor requests an extension of time, the planning commission may grant such additional time for any cause which it deems justified. The city council shall establish, by resolution, a processing fee to be paid upon the filing of a request for such time extension.
§ 17.30.370 Zoning device-Refund of application fees.
The city council is authorized to establish a standardized refund policy by resolution of the city council for the purpose of determining the amount and method of calculating refunds for zoning device application fees.
(Ord. 292 § 1, 1982; Ord. 778, 11/14/2023)
§ 17.30.380 Providing zoning flexibility to encourage smaller affordable housing units through the use of bonus density or alternative incentives.
When a developer of housing agrees to construct at least twenty-five percent the total units of a housing development for persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, or ten percent of the total units of a housing development for lower income households as defined in Section 50079.5 of the California Health and Safety Code, the city will enter into an agreement with the developer to either grant a density bonus or provide other alternative incentives for the development project.
The factors determining the incentives shall be set forth by minute order of the planning commission from time to time, and shall be on file with the city planning department.
In considering such developments, the city shall assure that the number of units allowed will be compatible with surrounding land uses, that traffic and public services will not be adversely impacted, and that the development will not result in adverse off-site parking impact.
§ 17.30.400 Applications to planning commission.
A.
Applications shall be filed with the department of community development on forms furnished by the city setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the requests, in accordance with the provisions of this chapter.
B.
Every application shall be signed by the owner of the subject property or by his or her authorized agent or by an agency or corporation who is, or will be a plaintiff in an action of eminent domain to acquire the property.
C.
Any applicant may withdraw his or her application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.
D.
No application which has been denied wholly or in part shall be resubmitted for a period of one year from such denial, except on the grounds of new evidence or proof of changed conditions.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.405 Filing fees.
Each application or time extension request shall be accompanied by a filing and processing fee as established and amended by resolution of the city council. Application fees for modification proceedings, under this chapter, shall also be accompanied by a filing and processing fee. The amount shall be established by a resolution of the city council and may be changed from time to time.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.420 Planning commission action.
A.
Within a reasonable time after the public hearing upon a planning application, the planning commission shall approve, conditionally approve or deny the same by minute order or resolution. The minute order or resolution shall contain a statement of facts upon which the decision is based.
B.
Within seven calendar days following the action by the commission, the director shall cause to be forwarded a copy thereof, by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same at his or her last known address.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.425 Planning commission indecision-Effect of.
Where, for any reason, the planning commission is unable to reach a determination on an application, within forty-two days after the close of the public hearing relating thereto, the matter shall be deemed automatically appealed to the city council, without decision by the planning commission. In such event, the matter shall be placed upon the city council's agenda and a de novo public hearing held thereon, and the matter shall be finally determined by the city council.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.430 Effective dates and appeal procedures.
A.
Decisions of any reviewing body may be appealed, except where state law limits appeals. The applicant, or any other person who owns real property or resides within three hundred feet of the property lines of the property to which the planning application relates, and anyone who is aggrieved by the use permit or plan, may within ten days after the decision is made, file a written letter of appeal with the city clerk together with a filing and processing fee, appealing the decision of the planning commission to the city council. Upon receipt of such written letter of appeal, together with the fee, the city clerk shall place the matter upon the city council agenda at the next regularly scheduled meeting of the city council which is not less than ten days from the date of receipt of the notice of appeal. In the case where the director is the granting authority, the appeal decision shall be appealed to the planning commission. The appeal request shall pause any proceedings associated with the action being appealed.
B.
In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal.
C.
Where an appeal is pending before the city council from a decision of the planning commission, the city council shall order the city clerk to give notice thereof in the same manner as the notice required for hearings before the planning commission.
D.
Any councilmember may appeal to the city council any decision on a variance, conditional use permit, or precise plan of design.
E.
No appeal may be withdrawn except by the appealing party, with the consent of the applicant and the city council.
F.
The appeal review body shall review the decision, hear new evidence and testimony, if offered and, in deciding the appeal, may affirm, reverse or modify the decision.
G.
The city council shall have the authority, at any time prior to its final determination upon an appeal from a planning commission decision, to refer the matter back to the planning commission for consideration. The city council may instruct the planning commission to conduct an additional public hearing in order to accept new evidence relating to such matter.
H.
The decision of city council to sustain or deny an appeal shall be final.
(Ord. 778, 11/14/2023)
§ 17.30.435 Determination by city council.
The city council shall render its decision approving, conditionally approving, or denying the variance, conditional use permit, or precise plan of design, within a reasonable time after conducting its deliberation. Its decision shall be by resolution, which shall contain the facts supporting the action. The action of the city council shall be final and conclusive.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.440 Notice of city council decision.
Within five days following the adoption of the resolution by the city council, the city clerk shall mail a copy thereof to the applicant and any other person requesting the same, at his or her last known address.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.445 Conditions of approval-Scope.
Whenever the city council or planning commission grants a permit or plan, the granting authority may attach conditions thereto necessary to make the required findings mandated by the state and the findings in this chapter.
A.
In any case, the granting authority may apply such condition as is necessary to protect the public health, safety and general welfare, including conditions relating to yards, fences and walks, dedications, improvements, landscaping, regulation of nuisance factor, regulation of signs and such other matters as will make the development compatible with the neighborhood. In granting the approval, the city council may grant deviations or relief from the yard, fence, sign, height, parking, loading, and open space regulations of this chapter.
B.
In any case, the granting authority may attach a requirement of a bond (in the form of cash, surety bond or certificate of deposit) for the purpose of guaranteeing faithful performance of any conditions imposed.
§ 17.30.450 Acceptance.
The acceptance of any of the benefits of such grant shall constitute acceptance of the burdens and conditions attached thereto.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.455 Interpretation.
The attaching of conditions shall be construed as a material part of the grant, without which the application would otherwise be denied. The invalidation of any condition shall constitute invalidation of the entire grant.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.460 Discretionary permits-Revocation.
A.
Upon recommendation by the city manager, the body which originally granted the discretionary permit shall conduct a noticed public hearing to determine whether the permit should be revoked. If the granting agency or city council finds any one of the following facts to be present, it shall revoke the permit:
1.
That any condition of the permit has not been complied with or has been violated;
2.
That the use is detrimental to public health, safety or is a nuisance;
3.
That the permit was obtained by fraud;
4.
That the use for which the permit was granted has ceased or has been discontinued or has not been pursued for a period of one year.
B.
Notice.
1.
Notice shall be by registered mail, return receipt requested, to the recorded owner or lessee of the subject property not less than twenty days prior to giving public notice. The notice shall state the complaint and shall request appearance of the owner or lessee at the time and place specified for the hearing to show cause why the permit should not be revoked.
2.
Public notice shall be given as provided in Section 17.30.030(A).
C.
Hearing.
1.
If the planning commission conducts the hearing, the action taken shall be subject to an appeal in the manner prescribed in this chapter.
2.
If the director or designee conducts the hearing or meeting, the action taken shall be subject to an appeal as provided in Section 17.30.030.
3.
The body which originally granted the permit shall make its findings and decision within forty days after the conclusion of the hearing by a formal and numbered resolution. After revocation, the subject property shall conform to all regulations of the zone in which it is located.
4.
The action of the city council shall be final and conclusive.
§ 17.30.462 Reapplication prohibited when.
No person shall reapply for a similar discretionary permit for the same land, building, or structure within a twelve-month period from the date of the denial of the application.
(Ord. 778, 11/14/2023)
§ 17.30.465 Time limit.
Any permit shall be null and void to the extent the grant permitted thereunder is not exercised within the time specified in the minute order approving such permit, or if no time is so specified, to the extent the same is not exercised within one year from the date the permit is granted; provided that the granting body, upon request of applicant showing good cause, may extend the time limitations imposed by this section for a period not to exceed one year.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.470 Modifications.
A.
Any condition imposed upon the granting of a permit may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct public hearings thereon, in the same manner as required for the granting of the same:
1.
No such modification shall be made unless the hearing body finds that such modification is necessary to protect the public interest, or, in the case of deletion of such a condition, that such action is necessary to permit reasonable operation under the permit;
2.
All planning commission determinations regarding modification proceedings shall be subject to an appeal as set forth in this title.
B.
Approved plan(s) may be modified before issuance of a certificate of occupancy. Minor modification to approved plan(s) shall be subject to approval by the director through an administrative review. Any modification that exceeds ten percent of the following allowable measurable design/site considerations shall require the refilling of the original application, a subsequent hearing by the appropriate hearing review authority, and payment of the amendment to approved plans fee if applicable:
1.
On-site circulation and parking, loading and landscaping;
2.
Placement and/or height of walls, fences and structures;
3.
Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
4.
A reduction in density or intensity of a development project.
(Ord. 485 § 16, 1992; Ord. 778, 11/14/2023)
§ 17.30.475 Expiration of inactive applications.
An application shall expire and be considered abandoned one hundred eighty days after the last date that additional information, revisions, or funds (items) are requested, if the applicant has failed to provide the items requested, except as set forth below:
A.
Special Studies. Whenever special studies (e.g., CEQA, etc.) are requested by the city that are reasonably expected to take longer than one hundred eighty days to complete, the application will not be considered inactive on the basis of the time required to complete such special studies. Staff will estimate a completion date and should these studies be delayed beyond the initial projected completion date, a new projected date of completion shall be established after which the application shall expire and be considered abandoned in one hundred eighty days if no action occurs on the project.
B.
The director may grant one ninety-day extension if the following criteria are met:
1.
A written request for extension is submitted at least thirty days prior to the expiration date;
2.
The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested revisions or information;
3.
The applicant provides a reasonable schedule for submittal of the requested revisions or information.
C.
At the sole discretion of the director, the planning division may extend any expiration date, as set forth in this section, of an application without a written request from an applicant when additional time for city processing or scheduling of appointments is required; when the division needs information or responses from other agencies; or under other similar circumstances as determined by the director or authorized designee thereof.
D.
Notwithstanding the language above, an application made subsequent to the initiation of any enforcement action by the city concerning the use of land, a structure(s), and/or the use or occupancy of a structure(s) that is the subject matter of that enforcement action, shall be deemed abandoned if the director determines, in the exercise of his or her discretion, that the applicant has failed to substantially comply with the application process in a timely manner, given the type of land-use approval required and the nature of the violation(s) to be corrected. The submission of requested items in a piecemeal fashion resulting unnecessary delays shall constitute prima facie evidence of the applicant's failure to substantially comply with the application process in a timely manner. The division shall provide written notice to the applicant of any determination of expiration under this section. Following the abandonment of an application pursuant to this section, the city may continue with the enforcement action unless the subject matter of that enforcement action has already been abated, removed, corrected, or enjoined.
(Ord. 764 § 2, 2021; Ord. 778, 11/14/2023)