Lompoc City Zoning Code
Division V
Land Use and Development Permit Procedures
§ 17.504.010 Purpose.
This Chapter establishes procedures for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Code.
(Ord. 1670(19) § 11)
§ 17.504.020 Authority for Land Use and Zoning Decisions.
Table 17.504.020.A (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Code.
Table 17.504.020.A: Review Authority1 | ||||
|---|---|---|---|---|
Type of Action | Code Chapter/Section | Director2 | Commission | Council |
Amendments | ||||
Zoning Code Amendment | 17.604 | Recommend | Recommend | Decision |
Zoning Map Amendment | 17.604 | Recommend | Recommend3 | Decision |
General Plan Amendment | 17.604 | Recommend | Recommend | Decision |
Planning Permits and Approvals | ||||
Administrative Use Permit | 17.508 | Decision | Appeal | Appeal |
Architectural Design and Site Development Review, Minor | 17.512 | Decision | Appeal | Appeal |
Architectural Design and Site Development Review, Major | 17.512 | Recommend | Decision | Appeal |
Certificate of Appropriateness | 17.516 | Decision/ Recommend4 | Appeal/Decision4 | Appeal |
Removal of Property or Structure from Cultural Resources Study | 17.516 | Recommend | Decision | Appeal |
Conditional Use Permit | 17.520 | Recommend | Decision | Appeal |
Development Agreement | 17.524 | Recommend | Recommend | Decision |
Minor Modification | 17.528 | Decision | Appeal | Appeal |
Minor Use Permit | 17.520 | Decision | Appeal | Appeal |
Planned Development, Preliminary Development Plan | 17.532 | Recommend | Decision | Appeal |
Reasonable Accommodation | 17.536 | Decision | Appeal | Appeal |
Sign Permit | 17.540 | Decision5 | Appeal | Appeal |
Sign Program | 17.540 | Decision | Appeal | Appeal |
Temporary Use Permit | 17.544 | Decision | Appeal | Appeal |
Variance | 17.548 | Recommend | Decision | Appeal |
Other Actions | ||||
Designation of Landmark | 17.616 | Recommend | Decision | Appeal |
Notes: | |
|---|---|
1 | When multiple permits are required for the same project, the applications shall be reviewed, and approved or denied by the highest Review Authority, see Section 17.504.030(E)(2). |
2 | When the Director finds that a decision is beyond his or her purview of authority, when unique or special circumstances exist, or for any other reason in the Director's discretion, the application may be forwarded to the Commission for its determination. Also, depending on the required environmental review (Section 17.504.070), higher level Review Authority may be required. As defined in Chapter 17.704 (Definitions of Terms), Director includes the Director's designee. |
3 | If Commission recommends a denial, the application will not proceed to Council unless an appeal is filed (see Chapter 17.612 (Appeals)). |
4 | Certificates of Appropriateness are separated into Director and Commission review (see Section 17.516.040 (Review, Notice, and Hearing)). |
5 | Commercial or industrial signs facing residentially-zoned property require Commission approval. |
- = Permit not appealable | |
(Ord. 1674(20) § 2; Ord. 1705(23) § 4; Ord. 1670(19) § 11)
§ 17.504.030 Application Preparation and Filing.
A.
Pre-Application Submittal (Optional). A prospective applicant is encouraged to submit an optional pre-application. A pre-application includes the submittal of preliminary project description, such as preliminary plans and designs, which will be reviewed by the Department, and in some cases, the Commission or other review bodies.
1.
The Department will inform the applicant of applicable City requirements, provide a preliminary list of issues that will likely be of concern during formal application review, identify technical studies that may be required, and may suggest possible alternatives or modifications to the project based on input from various Departments and development standards, policies, or guidelines.
2.
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the application or project by any City staff.
3.
Failure by City staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.
4.
A pre-application is not an application for purposes of permit streamlining deadlines and any comments or preliminary evaluation shall not bind future City actions.
B.
Application Contents. Each application for a permit, amendment, or other matter pertaining to this Code shall comply with the following requirements:
1.
Applications shall be filed on the form(s) provided by the Department, together with all required fees and/or deposits in compliance with Section 17.504.040 (Application Fees) and all other information and materials specified by the application requirements list provided by the Department for the specific type of application and/or as specified by the Director;
2.
Applications shall be filed with the Department; and
3.
It is the applicant's responsibility to provide evidence in support of the findings required for any permit or approval in compliance with this Code.
C.
Eligibility for Filing. Applications shall be made: (1) by the owner of the subject property; or (2) by a lessee or any other person with the written consent of the property owner or an authorized agent. An authorized agent shall provide written authorization signed by the property owner.
D.
Timing of Filing. Any land use permit required by this Code shall be filed with the City, processed and approved before the approval of any building, grading, or other construction permit or other authorization required by the LMC or this Code for the proposed use or structure.
E.
Multiple Permit Applications.
1.
Concurrent filing. An applicant for a project that requires the filing of more than one application (e.g., Conditional Use Permit and Architectural Design and Site Development Review, etc.), shall file all related applications concurrently, together with all application fees required by Section 17.504.040 (Application Fees), below, unless the concurrent filing requirements are waived by the Director.
2.
Concurrent processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by Table 17.504.020.A for any of the applications (i.e., a project that requires a Conditional Use Permit and an Architectural Design and Site Development Review shall have both applications decided by the Commission, instead of the Director acting upon the Architectural Design and Site Development Review as otherwise required by Table 17.504.020.A (Review Authority)).
(Ord. 1670(19) § 11)
§ 17.504.040 Application Fees.
A.
Fee Schedule. The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Code, provided the fees do not exceed the estimated actual cost of processing such applications. The schedule of fees may be changed or modified only by resolution of the Council.
B.
Timing of Payment.
1.
No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid.
2.
Failure to timely pay required fees or deposits shall be a basis for postponement of any permit or other requested entitlement, notwithstanding any other provisions of this Code.
C.
Refunds and Withdrawals. Recognizing that filing fees cover the costs of public hearings, posting, transcripts, and staff time involved in processing applications, refunds due to a denial are not allowed, except in the case of an appeal hearing by the Council in compliance with Chapter 17.612 (Appeals). In the case of a withdrawal, the Director may authorize a partial refund based upon the Director's determination of pro-rated costs to-date and the status of the application at the time of withdrawal.
D.
Cost Accounted Projects. All direct costs of processing, reviewing, reporting, hearing, and acting upon applications shall be borne by the applicant. Costs shall be reimbursed to the City whether the application is approved, approved in modified form, or denied by the review authority. For cost accounted projects, an initial deposit shall be required by the City based upon an estimate of the City costs associated with processing, including pre-application meetings. The City shall then charge its expenses against the deposit. If funds deposited are insufficient to cover the City's costs, work on the application shall cease until adequate funds are deposited or City expenditures are fully reimbursed. Adequate notice shall be given to the applicant when insufficient funds are remaining to process the application.
(Ord. 1670(19) § 11)
§ 17.504.050 Indemnification.
A.
Application Agreement.
1.
At the time of submitting an application for a discretionary or legislative land use approval, the applicant shall agree as part of the application, to defend (with legal counsel of City's selection), indemnify, and hold harmless the City and its agents, attorneys, employees, and officers, from any action, claim, challenge, or proceeding brought against the City or its agents, employees, and officers which arises from or is related to the approval issued by the City.
2.
The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action.
B.
City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A, is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding, if the City chooses to defend the action.
C.
City Participation in Defense. Nothing in this Section shall require the City to participate or prohibit the City from participation in the defense of any action, claim, or proceeding.
(Ord. 1670(19) § 11)
§ 17.504.060 Initial Review of Application.
A.
Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete for processing.
1.
Notification of applicant. The applicant shall be informed in writing within 30 calendar days of application submittal or resubmittal, as required by the Government Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.
2.
Appeal of determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete or that the information required by the Director is not required, the applicant may appeal determination in compliance with Chapter 17.612 (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 17.504.070 (Environmental Review).
4.
Expiration of application. If the applicant does not provide sufficient information to complete an application within 120 days after notification that the application submittal or resubmittal is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the Director. A letter from the City shall be sent to the applicant documenting that the application has been withdrawn. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any project on the same property, may then be filed in compliance with this Division.
B.
Referral of Application. At the discretion of the Director, or where otherwise required by this Code, State or Federal law, any application filed in compliance with this Code may be referred to any City department or public agency that may be affected by or have an interest in the proposed land use activity.
(Ord. 1670(19) § 11)
§ 17.504.070 Environmental Review.
A.
Applicability. The City has the responsibility to comply with the California Environmental Quality Act (CEQA), in compliance with the State CEQA Guidelines and the most recently adopted City of Lompoc Environmental Review Guidelines (Environmental Review Guidelines). If conflict occurs between the Environmental Review Guidelines and CEQA or the State CEQA Guidelines, CEQA or the State CEQA Guidelines shall control.
B.
CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with CEQA and the Environmental Review Guidelines to determine whether:
1.
The proposed project is exempt from the requirements of CEQA;
2.
The proposed project is not a project as defined by CEQA;
3.
A Negative Declaration may be issued;
4.
A Mitigated Negative Declaration may be issued;
5.
An Environmental Impact Report (EIR) shall be required; or
6.
An addendum and/or supplemental information and materials are required in compliance with CEQA.
C.
Compliance with CEQA. The determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA, State CEQA Guidelines, and Environmental Review Guidelines.
D.
Procedures. The procedures established by the most recently adopted Environmental Review Guidelines, as may be amended, shall govern the preparation and review of environmental documentation.
E.
Compliance with NEPA. Where applicable, projects shall also comply with the requirements of the National Environmental Policy Act (NEPA).
F.
Special Studies Required. Special study(ies) may be conducted by the City, and consultant selection may be done at the City's sole discretion. Payment for special studies shall be provided by the applicant.
(Ord. 1670(19) § 11)
§ 17.504.080 Application Processing.
A.
Project Review Procedures. Each application shall be analyzed by the Director to ensure that the proposed uses/activities and development are consistent with the proposed intent and requirements of this Code, any applicable design guidelines, CEQA, the General Plan, and any applicable specific plan. Additionally, any application which may involve substantial grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer. The threshold for substantial grading may be established by the City but may include the movement or redistribution of earth over a large portion of the site and/or the movement of more than 50 cubic yards of material.
B.
Project Review Timeline. The City shall adhere to the required processing timelines outlined in CEQA and the Government Code as applicable.
C.
Notice and Hearings. If a project is subject to a public hearing a permit application will be scheduled for the public hearing only after the Director has determined the application complete, in compliance with Section 17.504.060.A (Completeness Review), and after the required environmental review has been prepared, in compliance with Section 17.504.070 (Environmental Review). Noticing and public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
§ 17.504.090 Conditions of Approval.
A.
In approving an application or permit, the review authority may impose specific development conditions as are found reasonable and necessary to ensure that the approval will be in compliance with the required findings.
B.
Due to the potential for significant cultural resources throughout Lompoc, each conditionally approved project shall have the following conditions applied:
1.
If cultural artifacts are unearthed during excavation, work shall stop, and a qualified archeologist shall evaluate the find. If deemed necessary by the evaluation, the archaeologist shall prepare the plan for the preservation or curation of the artifacts from the site. The implementation of the plan is overseen by the archeologist. If evidence of prehistoric artifacts is discovered, the Chumash Tribe shall be consulted. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place. The archeologist shall file a resource record detailing the materials found and their disposition, as required by the State Historic Preservation Office.
2.
If paleontological artifacts are unexpectedly unearthed during excavation, an experienced paleontologist shall conduct an evaluation of the artifacts and the site. An appropriate plan for the preservation of the artifacts shall be prepared by the paleontologist and implemented, while being overseen by that paleontologist. Construction work may be allowed to continue on other parts of the construction site while mitigation takes place.
3.
If human remains are accidentally discovered or recognized during construction, all site excavation or other disturbance shall cease and the County Coroner shall be notified. Excavation shall not resume until the Coroner has determined that the remains are not subject to investigation in compliance with the Government Code and until any required recommendations on Native American remains have been made in compliance with applicable law. Construction work may be allowed to continue on other parts of the construction site while the requirements identified in this condition are being met.
(Ord. 1670(19) § 11)
§ 17.508.010 Purpose.
This Chapter establishes procedures for the review of Administrative Use Permits when required by this Code. In general, this Code may require an Administrative Use Permit for land use activities that may be desirable in the applicable zone and compatible with adjacent land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.
(Ord. 1670(19) § 11)
§ 17.508.020 Applicability.
The Administrative Use Permit procedure shall be utilized only when it is specified in this Code that an Administrative Use Permit is required.
(Ord. 1670(19) § 11)
§ 17.508.030 Application Requirements.
An application for an Administrative Use Permit shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.508.040 Notice and Hearing.
No noticing or public hearing are required for the decision on an Administrative Use Permit consistent with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
§ 17.508.050 Findings and Decision.
The review authority shall approve, with or without conditions, an Administrative Use Permit application only after the following findings are made:
A.
The proposed use is consistent with all applicable goals and policies of the General Plan;
B.
The proposed use is consistent with any applicable specific plan;
C.
The proposed use is consistent with all applicable sections of this Code; and
D.
The proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health and safety nor be materially injurious to properties or improvements in the vicinity.
(Ord. 1670(19) § 11)
§ 17.508.060 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on an Administrative Use Permit.
(Ord. 1670(19) § 11)
§ 17.512.010 Purpose.
This Chapter establishes procedures for the review and approval or denial of Architectural Design and Site Development Review with the intent to promote orderly development and an aesthetically and environmentally pleasing and economically viable community as well as compliance with the General Plan, any applicable specific plan, the standards specified in this Code, and architectural review guidelines.
(Ord. 1670(19) § 11)
§ 17.512.020 Applicability.
Architectural Design and Site Development Review shall be required for all new buildings or structures and additions and alterations to existing structures with the following exceptions:
A.
Single-family homes in R-1 zones, and development projects with six or fewer residential units in the R-2, R-3, and MU zones, that are not part of a subdivision map;
B.
Accessory dwelling units and junior accessory dwelling units;
C.
Additions of floor area within the existing building envelope;
D.
Additions and alterations to existing buildings and structures that will not increase the gross floor area of the building by more than 2,500 square feet and will not involve exterior alterations along any street-facing façade on Ocean Avenue, H Street north of Cypress Avenue, or Central Avenue; and
E.
Alterations and improvements required to meet Federal or State requirements to accommodate persons with disabilities.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11; Ord. 1702(23) § 8)
§ 17.512.030 Application Requirements.
An application for an Architectural Design and Site Development Review shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.512.040 Review, Hearing, and Notice.
A.
The review authority for an Architectural Design and Site Development Review shall be as follows:
1.
Minor architectural design and site development review. All projects that do not meet the criteria for Commission review as specified below and are not exempt (See Section 17.512.020 (Applicability)) shall be subject to review and approval or denial by the Director.
2.
Major architectural design and site development review. The Commission shall be the review authority for any of the following:
a.
New construction of 2,500 square feet or more or new additions of 2,500 square feet or more; or
b.
New construction with frontage on Ocean Avenue, H Street north of Cypress Avenue, or Central Avenue (excluding additions); or
c.
Any major façade improvements with frontage on Ocean Avenue, H Street (north of Cypress Avenue), or Central Avenue.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)
§ 17.512.050 Findings and Decision.
The review authority shall approve, with or without conditions, an Architectural Design and Site Development Review application only after the following findings are made:
A.
The proposed development is consistent with the General Plan and any applicable specific plan;
B.
The proposed development is consistent with all the applicable standards in this Code;
C.
The proposed development will not be detrimental to the public health, safety, or general welfare;
D.
The proposed development substantially complies with any applicable City design guidelines, including, but not limited to, architectural guidelines;
E.
The proposed development has an appropriate relationship to land use and development of adjacent properties, including topographic and other physical characteristics of the land; and
F.
The proposed development has a compatible architectural style with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired.
(Ord. 1670(19) § 11)
§ 17.512.060 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on an Architectural Design and Site Development Review.
(Ord. 1670(19) § 11)
§ 17.516.010 Purpose.
A.
To provide various levels of historic protection and review, to preserve existing elements of Landmark and historic resources, and to recognize heritage resources. The City's intent is to be lenient in its judgment of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic or architectural value of surrounding structures.
B.
Provide for a Certificate of Appropriateness intended to protect structures, improvements, natural features, and objects of historic significance, including, but not limited to, areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal.
(Ord. 1670(19) § 11)
§ 17.516.020 Applicability.
A.
When Required. A Certificate of Appropriateness is required for the following activity:
1.
The exterior alteration, demolition, removal or relocation of any individual Landmark or historic resource, or potential historic resource, by the City, any agent of the City, or a private party. A historic resource includes the following:
a.
Designated landmarks;
b.
A property or structure listed in Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study unless the property is removed from this list in accordance with Subsection A.2; or
c.
A property or structure or potentially eligible for registration on a local, State, or national register.
2.
Removal of property or structure from Cultural Resources Study.
a.
Application. The property owner may request that the property or a structure on the property be removed from Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study by filing an application, which shall be submitted and processed in compliance with Chapter 17.504 (Application Processing Procedures).
b.
Public hearing. The Commission shall conduct a public hearing on the application in compliance with Chapter 17.608 (Public Hearing and Noticing).
c.
Finding and decision. The review authority shall approve the application if it finds that:
(i)
The property or structure is not registered on a local, State or national register; and
(ii)
The property or structure lacks sufficient architectural, cultural, historic, economic, political, and social importance to justify protecting the property or structure through the requirements outlined in this Chapter.
d.
Effect of removal. Removal of a property or structure from Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study shall have no effect on whether the property or structure meets the requirements in Subsection A.1.a or A.1.c of this Section.
B.
Exceptions. The following activities do not require approval of a Certificate of Appropriateness:
1.
Alteration, demolition, removal, or relocation of a heritage resource.
2.
Painting, routine maintenance, or minor repair, as determined by the Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of historic resource, including:
a.
Windows and doors.
b.
Flat work and landscaping.
(i)
Repairing or repaving of flat concrete work in the side and rear yards that is not considered a character defining feature of the historic resource;
(ii)
In kind repaving of existing front yard paving, concrete work, and walkways;
(iii)
Landscaping unless the designation specifically identifies the landscape layout, features, or element as having particular historical, architectural or cultural significance;
(iv)
Construction, repair, demolition, or alterations to side and rear yard fences;
(v)
Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as historic or landmark structures; or
(vi)
Minor changes to front and street side fences.
c.
Roofing work, if there is a minimal change in roof structure and exterior appearance, and colors and materials used are consistent with those previously used, and the integrity of the resource is preserved.
d.
Foundation work, if there is a minimal change in exterior appearance, the integrity of the resource is preserved, and any increase in building height is less than six inches.
e.
Chimney work, if consistent colors and materials are used and there is minimal change in appearance, and the integrity of the resource is preserved.
f.
Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding.
3.
Alterations to the interior of a structure that do not have the possibility of adversely affecting the integrity of the historic resource.
(Ord. 1670(19) § 11; Ord. 1705(23) § 4)
§ 17.516.030 Application Requirements.
An application for a Certificate of Appropriateness shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.516.040 Review, Notice, and Hearing.
A.
Review Authority.
1.
Director review. Site modifications that are small in magnitude (e.g., minor fencing, hardscape, landscape, lighting, minor accessory structures, signs, and streetscape improvements) and minor structure modifications that do not involve new construction, additions to existing structures, or demolition of existing structures shall be subject to review and approval or denial by the Director.
2.
Commission review. All other modifications that do not meet the criteria for Director review as specified above shall be subject to review and approval or denial by the Commission.
B.
Notice. Noticing for a Certificate of Appropriateness shall be provided in compliance with Chapter 17.608 (Public Hearings and Noticing); however, the notice for a Certificate of Appropriateness subject to Director review shall state the following:
C.
Public Hearing.
1.
Commission review. The Commission shall conduct a public hearing on an application for a Certificate of Appropriateness. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
2.
Director review. If a public hearing is requested, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.608 (Public Hearings and Noticing). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice referred to in Subsection B, above.
(Ord. 1670(19) § 11)
§ 17.516.050 Findings and Decision.
The review authority shall approve, with or without conditions, a Certificate of Appropriateness only after the following findings are made:
A.
Either: (1) the proposed work will neither adversely affect the significant architectural features of a historic resource nor adversely affect the character of the aesthetic, architectural, or historic interest or value of a historic resource and its site, or (2) a statement of overriding considerations has been adopted finding that the benefits of the proposed work outweigh the impact on historic resources;
B.
The proposed project is consistent with the General Plan and any applicable specific plan;
C.
The proposed project is consistent with the Code; and
D.
If the proposed project is for a designated landmark, the proposed project is consistent with the approved maintenance program for the designated landmark.
(Ord. 1670(19) § 11)
§ 17.516.060 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Certificate of Appropriateness application.
(Ord. 1670(19) § 11)
§ 17.516.070 Unsafe or Dangerous Conditions.
None of the provisions of the Chapter shall be construed to prevent any alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the Building Official or the Fire Chief and where the proposed measures have been declared necessary by such official to correct such conditions. Work shall be performed in compliance with the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, or current adopted version. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this Section.
(Ord. 1670(19) § 11)
§ 17.516.080 Violations.
Any firm, corporation, or person, whether as principal, agent, employee, or otherwise violating or causing the violation of any of the requirements of this Chapter will be guilty of a misdemeanor, and conviction shall be punishable by a fine of not more than $1,000.00 or by incarceration in the County Jail for not more than six months, or by both the fine and incarceration. Any violation of these provisions constitutes a separate offence for each and every day during which the violation is committed or continued. In addition, any violation shall constitute a public nuisance and may be abated or enjoined from further operation, consistent with Chapter 17.628 (Property Nuisances). In addition to any other penalty provided by this Code, the demolition of any historic resource, as defined in Section 17.516.020, without a Certificate of Appropriateness shall result in a five-year stay in the issuance of a permit for any new construction at the site of the previous historic resource.
(Ord. 1670(19) § 11)
§ 17.520.010 Purpose.
This Chapter establishes procedures for the review and approval or denial of Conditional and Minor Use Permits, which are required by Division 2 (Zones Allowed Uses and Development Standards) or any other Chapter or Section of this Code. The purpose of Conditional and Minor Use Permits is to provide a process for reviewing uses and activities within an applicable zone that require more discretionary review and the possible imposition of conditions to mitigate the effects of the proposed use.
(Ord. 1670(19) § 11)
§ 17.520.020 Applicability.
A Conditional Use Permit (CUP) or Minor Use Permit (MUP) is required to allow those land uses specified in Division 2 (Allowed Uses and Development Standards for All Zones) subject to the approval of a CUP or MUP.
(Ord. 1670(19) § 11)
§ 17.520.030 Application Requirements.
An application for a Conditional or Minor Use Permit shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.520.040 Notice and Hearing.
A.
Notice. Noticing for a Conditional or a Minor Use Permit shall be provided in compliance with Chapter 17.608 (Public Hearings and Noticing); however, the notice for a Minor Use Permit shall state the following:
B.
Public Hearing.
1.
Conditional Use Permit. The Commission shall conduct a public hearing on an application for a Conditional Use Permit. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
2.
Minor Use Permit. If a public hearing is requested, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.608 (Public Hearings and Noticing). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice referred to in Subsection A, above.
(Ord. 1670(19) § 11)
§ 17.520.050 Allowable Uses of Land.
A.
Allowable Uses of Land. The Director has the authority to determine uses that may be allowed beyond what is identified in Division 2 (Allowed Uses and Development Standards for All Zones) when the use is similar to and will not involve a greater intensity of use than a listed use, and the use is consistent with the purpose of the zone, the General Plan, and any applicable specific plan, and can there-fore be allowed or permitted subject to a planning permit. The Director may also refer any issue of similar use to the Commission for their determination.
B.
Additional Uses Allowed with a Conditional Use Permit. The Commission may issue a Conditional Use Permit for any use not explicitly permitted with a Conditional Use Permit in Division 2 (Zones), if the Commission makes all of the findings required in Section 17.520.060 and finds:
1.
That the use will not be more obnoxious or detrimental to the public welfare than any other use explicitly permitted with a Conditional Use Permit in the same zone; and
2.
That the use is of a comparable nature to at least one use explicitly permitted with a Conditional Use Permit in the same zone.
C.
Additional Uses Allowed with a Minor Use Permit. The Director may issue a Minor Use Permit for any use not explicitly permitted with a Minor Use Permit in Division 2 (Zones), if the Director makes all of the findings required in Section 17.520.060 and finds:
(Ord. 1670(19) § 11)
§ 17.520.060 Findings and Decision.
The review authority shall approve, with or without conditions, a Conditional or Minor Use Permit application only after the following findings are made:
A.
The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
B.
The proposed use is appropriate for the subject zone, compatible with uses allowed in the subject zone and complies with all other applicable provisions of this Code and the Municipal Code;
C.
The proposed use will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity;
D.
The design, location, size, and operating characteristics of the proposed use will be compatible with the existing and future land uses, buildings, or structures in the vicinity;
E.
If new development is proposed, the proposed development will have an architectural style that is compatible with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired;
F.
If new development is proposed, the color, material, and composition of the exterior elevations of the proposed development will be compatible with neighboring visible structures; and
G.
The subject site is:
1.
Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and
2.
Served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.
(Ord. 1670(19) § 11)
§ 17.520.070 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Conditional Use Permit or Minor Use Permit.
(Ord. 1670(19) § 11)
§ 17.524.010 Purpose.
This Chapter establishes procedures for the review and approval or denial of Development Agreements, in compliance with Government Code § 65864 et seq., as may be amended.
(Ord. 1670(19) § 11)
§ 17.524.020 Applicability.
Only a qualified applicant may file an application to enter into a Development Agreement.
A.
A qualified applicant has legal or equitable interest in the real property, as determined in the sole discretion of the City, which is the subject of the Development Agreement. A qualified applicant shall also include an authorized agent of the property owner.
B.
The City may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.
(Ord. 1670(19) § 11)
§ 17.524.030 Application Requirements.
A.
Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures), and this Chapter.
B.
Required Information.
1.
All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.
2.
An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or such other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a specific plan, Preliminary Development Plan, or other similar type of application.
C.
Form of Agreement. Each application shall be accompanied by the form of Development Agreement proposed by the applicant. All documents required, whether the agreement or any attachments and exhibits, shall be suitable for recordation as determined by the City.
D.
Fees. The applicant shall pay the fees and charges established by the Council for the filing and processing of a Development Agreement consistent with Section 17.504.040 (Application Fees). Additionally, appropriate fees may be established and collected for period reviews conducted in compliance with State law and Section 17.524.070 (Annual Review).
(Ord. 1670(19) § 11)
§ 17.524.040 Notice and Hearings.
Public hearings shall be noticed and held in compliance with Chapter 17.608 (Public Hearings and Noticing).
A.
Commission Hearing. The Director, upon finding the application for a Development Agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 17.608 (Public Hearing and Noticing). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, approve in modified form, or deny the application consistent with the findings in Section 17.524.050 (Findings and Decision).
B.
Council Hearing.
1.
Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before Council. Following conclusion of a public hearing, the Council shall approve, approve in modified form, or deny the application.
2.
Council may refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission shall hold a public hearing on matters referred back to it by the Council.
C.
Irregular in Proceedings. No action, inaction, or recommendation regarding the proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission ("error") as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, or any matters of procedure unless after an examination of the entire case, including the evidence, the court is of the option that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.
D.
Approval through Ordinance. If the Council approves, with or without conditions, a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section 17.524.050 (Findings and Decision).
(Ord. 1670(19) § 11)
§ 17.524.050 Findings and Decision.
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:
A.
The Development Agreement is consistent with the goals, policies, general land uses and programs specified in the General Plan;
B.
The Development Agreement is consistent with any applicable specific plan;
C.
The Development Agreement and accompanying development maps, plans, and other information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located;
D.
The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E.
The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F.
The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
(Ord. 1670(19) § 11)
§ 17.524.060 Post Decision Procedures.
A.
Referendum. The ordinance approving a Development Agreement is subject to referendum in compliance with Government Code § 65867.5.
B.
Effective Date. The City shall not execute any Development Agreement until, on, or after the date upon which the ordinance approving the agreement, enacted in compliance with this Chapter, becomes effective, and until it has been executed by the applicant.
C.
Mutual Consent Required. A Development Agreement may be executed only upon the mutual consent of each party to the agreement.
(Ord. 1670(19) § 11)
§ 17.524.070 Annual Review.
A.
Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by the City.
B.
Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior calendar year.
C.
Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreement or by the Council consistent with Chapter 17.504 (Application Processing Procedures).
D.
Determination upon Review. The Director shall review materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.
E.
Procedures upon Determination.
1.
If the Director finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the Development Agreement during the period under review, the review for that period is concluded. The Director shall deliver a report of the determination to the Council.
2.
If the Director finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the Development Agreement during the period under review, the City may modify or terminate the Development Agreement in compliance with Government Code § 65865.1.
(Ord. 1670(19) § 11)
§ 17.524.080 Amendment, Modification, or Termination of an Approved Development Agreement.
A.
A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with Government Code § 65868. The City shall have notice of such action recorded with the County Recorder's office.
B.
If, upon a finding under Subsection E.2, the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the property owners of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement in compliance with this Chapter, the City shall have notice of such action recorded with the County Recorder's office.
(Ord. 1670(19) § 11)
§ 17.528.010 Purpose.
The purpose of this Chapter is to enable the Director to approve minor deviations from Code standards when such requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Code. An authorization to approve a Minor Modification does not extend to making any changes in the uses permitted in any zone.
(Ord. 1670(19) § 11)
§ 17.528.020 Applicability.
A.
This Chapter is applicable to all development standards of this Code, except the Sign Standards. Minor Modifications from the Signs Standards are provided in Section 17.316.030 (Sign Minor Modification and Design Performance Standards).
B.
The Director may approve a Minor Modification only after first determining that the requested modification meets the findings specified in Section 17.528.050 (Findings and Decision).
C.
The maximum modification of any measurable standard prescribed in this Code shall be no more than 20% with approval of a Minor Modification.
(Ord. 1670(19) § 11)
§ 17.528.030 Application Requirements.
An application for a Minor Modification shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.528.040 Review, Notice, and Hearing.
A.
Each Minor Modification application shall be reviewed on an individual case-by-case basis and the approval of a prior Minor Modification is not admissible evidence for the approval of a new Minor Modification.
(Ord. 1670(19) § 11)
§ 17.528.050 Findings and Decision.
The review authority shall approve, with or without conditions, a Minor Modification application, only after the following findings are made:
A.
There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of the zoning ordinance could deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
B.
The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property;
C.
The requested Minor Modification will not allow the establishment of a use that is not otherwise allowed in the zone;
D.
Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;
E.
The development is consistent with the General Plan and any applicable specific plan; and
F.
The development will comply with all other standards or requirements set forth in this Code.
(Ord. 1670(19) § 11)
§ 17.528.060 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation) shall apply following the decision on a Minor Modification.
(Ord. 1670(19) § 11)
§ 17.532.010 Purpose.
This Chapter establishes the procedures for the review and approval or denial of planned developments through Preliminary Development Plans, as defined in Chapter 17.704 (Definitions of Terms).
(Ord. 1670(19) § 11)
§ 17.532.020 Applicability.
A Preliminary Development Plan may be filed for sites located within the Planned Commercial Development Zone or Planned Development Overlay Zone, or filed concurrently with an application for a Zoning Map Amendment that maps the Planned Development Overlay Zone (see Chapter 17.604 (Zoning Code, Zoning Map, and General Plan Amendments)).
(Ord. 1670(19) § 11; Ord. 1710, 2/6/2024)
§ 17.532.030 Application Requirements.
An application for a Preliminary Development Plan shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.532.040 Notice and Hearing.
§ 17.532.050 Findings and Decision.
The review authority shall approve, with or without conditions, a Preliminary Development Plan only after the following findings are made:
A.
The Preliminary Development Plan is consistent with the General Plan;
B.
Development standards contained in the Preliminary Development Plan are consistent with the Code, or are consistent with the purpose and intent of the Code and any deviation or exception from the Code standards and requirements is warranted by the design and/or amenities incorporated;
C.
Residential density shall not exceed that identified in the Land Use Element of the General Plan;
D.
The phasing plan provides a functional and efficient relationship through the development of the Preliminary Development Plan;
E.
The proposed development will not be materially detrimental to the health, safety, and welfare of the public or to property and residents in the vicinity;
F.
The proposed design, location, size, and operating characteristics will be compatible with the existing and future land uses, buildings, or structures in the vicinity;
G.
The proposed development will have an architectural style that is compatible with the character of the surrounding area, both to avoid repetition of identical design where not desired, and to ensure compatibility in design where desired; and
H.
The color, material, and composition of the exterior elevations of the proposed development will be compatible with neighboring visible structures.
(Ord. 1670(19) § 11)
§ 17.532.060 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, and Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modifications and Revocations), shall apply following a decision on a Preliminary Development Plan.
(Ord. 1670(19) § 11)
§ 17.536.010 Purpose.
This Chapter establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 1670(19) § 11)
§ 17.536.020 Applicability.
A.
Eligibility Applicants.
1.
A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law (i.e., development standard) or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
2.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.
3.
This Section is intended to apply to those persons who are defined as disabled under the Acts.
B.
Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
(Ord. 1670(19) § 11)
§ 17.536.030 Application Requirements.
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.536.040 Notice and Hearing.
No noticing or public hearing are required for a Reasonable Accommodation request.
(Ord. 1670(19) § 11)
§ 17.536.050 Findings and Decision.
The written decision by the review authority to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:
A.
Whether the housing, which is subject of the request, will be used by an individual defined as disabled under the Acts;
B.
Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
C.
Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;
D.
Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning;
E.
Whether there are alternatives to the requested waiver or exception that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
F.
Physical attributes of the property and structures; and
G.
Other Reasonable Accommodations that may provide an equivalent level of benefit.
(Ord. 1670(19) § 11)
§ 17.536.060 Rescission of Approval of Reasonable Accommodation.
A.
Rescission of Reasonable Accommodation.
1.
An approval or conditional approval of an application made in compliance with this Chapter may be conditional to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.) unless allowed to remain in compliance with Subsection B.
B.
Discontinuance of Reasonable Accommodation.
1.
If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:
2.
The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities.
3.
Failure to provide the documentation within 30 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.
4.
Discontinuance shall require that the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject parcel or site.
(Ord. 1670(19) § 11)
§ 17.536.070 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, and Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modifications and Revocations), shall apply following a decision on a Reasonable Accommodation request.
(Ord. 1670(19) § 11)
§ 17.540.010 Purpose.
This Chapter establishes procedures for the review and approval or denial of a Sign Permit and Sign Program.
(Ord. 1670(19) § 11)
§ 17.540.020 Applicability.
A.
Sign Permit. A permit is required to erect, move, alter, replace, suspend, display, or attach a sign, whether permanent or temporary, including any structural or electrical changes, unless otherwise specified in this Chapter. Each sign and change of copy requires a separate Sign Permit except that changes to or between non-commercial messages do not require a Sign Permit consistent with Section 17.316.020 (Applicability). A change of copy means changing of the face or letters of a sign. The following sign activities are allowed without a Sign Permit however; any required building permit shall be obtained prior to the modification of a sign:
1.
The normal maintenance of a sign, including cleaning, repainting, or repairing, except when prohibited from a nonconforming sign. See Section 17.316.050 (General Requirements for All Signs);
2.
Changes to the face or copy of a sign with changeable copy; and
3.
Signs that have completed a courtesy review by the Department and are installed in compliance with an approved Sign Program.
B.
Sign Program.
1.
A Sign Program is required for any parcel, or multi-parcel center, with four or more businesses or tenant spaces, regardless of whether the tenant spaces are occupied. Once a Sign Program is approved, Sign Permits for individual business signs must comply with the Sign Program. A Sign Program may be requested by an applicant for a parcel, or multi-parcel center, with fewer than four businesses or tenant spaces, or for a residential parcel(s), but is not required.
2.
As part of a Sign Program approval, exceptions may be granted to the standards of this Chapter if the findings established in Section 17.540.050 (Findings and Decision) are made.
3.
A Sign Program for a multi-parcel center may allow off-premises signage provided the signs advertise only the businesses within that center and the signs are located on parcels that are part of the multi-parcel center.
(Ord. 1670(19) § 11)
§ 17.540.030 Application Requirements.
A.
Application Requirements. An application for a Sign Permit or Sign Program shall be filed in compliance with Chapter 17.504 (Application Processing Procedures).
B.
Other Permits Required. In addition to the requirements of this Chapter, all signs should be in conformance with applicable requirements of the California Building Code. Where required, the applicant shall also obtain a building permit and/or electrical permit from the City.
(Ord. 1670(19) § 11)
§ 17.540.040 Notice and Hearing.
No noticing or public hearing are required for the decision on a Sign Permit or Sign Program consistent with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
§ 17.540.050 Findings and Decision.
After a Sign Permit or Sign Program application is deemed complete, the review authority shall approve, conditionally approve, or deny the application.
A.
The review authority will approve a Sign Permit or Sign Program application, with or without conditions, only after the following findings are made:
1.
The sign or Sign Program complies with the standards of Chapter 17.316 (Sign Standards), and any applicable specific plan or Preliminary Development Plan requirements, with the exception of Subsection B.1;
2.
The sign or Sign Program is in substantial compliance with any applicable design guidelines;
3.
The sign or signs to be constructed consistent with the Sign Program will not impair pedestrian and vehicular safety; and
4.
The design or proposed construction of the sign or signs constructed consistent with the Sign Program will not threaten the public health, safety, or welfare.
B.
The review authority will approve a Sign Program application, with or without conditions, only after the following additional findings are made:
1.
If the Sign Program does not comply with the standards of Chapter 17.316 (Sign Standards), the following findings shall be made:
b.
There are special circumstances applicable to the property including size, shape, topography, location, surroundings, building placement, or architectural style that warrant modified standards to afford the property privileges enjoyed by other properties in the vicinity and in the same zone;
c.
The modified standards do not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zone;
d.
The Sign Program does not allow any sign that is prohibited (Section 17.316.040 (Prohibited Signs and General Restrictions for All Signs)); and
2.
The Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments.
(Ord. 1670(19) § 11)
§ 17.540.060 Implementation, Time Limits, and Extensions.
A.
Sign permit implementation, time limits, and extensions shall be in compliance with Chapter 17.552 (Permit Implementation, Time Limits, and Extensions).
B.
A Sign Permit expires when the activity, product, business, service, or other use which is being advertised or identified has ceased for a period of not less than 90 days or has moved from the location where the sign was allowed.
C.
A Sign Permit expires when a sign is removed from the approved location for more than 90 days or a new permit is approved for a replacement sign.
D.
A Sign Program has no expiration date.
(Ord. 1670(19) § 11)
§ 17.540.070 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.608 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Sign Permit or Sign Program.
(Ord. 1670(19) § 11)
§ 17.544.010 Purpose.
This Chapter establishes procedures for the review and approval or denial of Temporary Use Permits, which are required by this Code for temporary uses and/or activities that are short-term and compatible with adjacent and surrounding uses when conducted in compliance with this Code. Standards for specific temporary uses are identified in Section 17.404.210 (Temporary Uses).
(Ord. 1670(19) § 11)
§ 17.544.020 Applicability.
A Temporary Use Permit is required to allow temporary uses and/or activities in compliance with Section 17.404.210 (Temporary Uses) unless exempted by Section 17.544.030 (Exempt Temporary Uses).
(Ord. 1670(19) § 11)
§ 17.544.030 Exempt Temporary Uses.
The following temporary uses do not require a Temporary Use Permit and are not subject to the requirements of this Chapter.
A.
Approved Assembly Sites. A temporary event conducted in an approved place of public or community assembly, such as a theater, convention center, meeting hall, sports facility, or public school events on school property.
B.
Emergency Facilities. Emergency public health and safety needs/land use activities.
C.
Emergency Event Shelters. Temporary shelters to house people that are displaced by an earthquake, explosion, fire, or other calamity are allowed in any zone for a maximum of 30 days in any 90-day period, provided that the facilities are approved by the Building Department prior to use.
E.
Private Parties. Private non-commercial events/parties held at a residence, meeting facility, church, or similar space.
F.
Holiday Displays. Temporary, non-commercial decorations or displays that are incidental to and commonly associated with national, local, or religious celebrations, provided that such decorations and displays are only displayed during the appropriate time of year, are maintained in an attractive condition, and do not constitute a fire hazard.
G.
Similar Temporary Uses. Similar temporary uses, which, in the opinion of the Director, do not require a Temporary Use Permit and are compatible with the zone and surrounding land uses.
(Ord. 1670(19) § 11)
§ 17.544.040 Application Requirements.
An application for a Temporary Use Permit shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.544.050 Notice and Hearing.
No noticing or public hearing are required for the decision on a Temporary Use Permit consistent with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
§ 17.544.060 Findings and Decision.
The review authority shall approve, with or without conditions, a Temporary Use Permit application only after the following findings are made:
A.
The proposed temporary use is consistent with any applicable use standards of Section 17.404.210 (Temporary Uses);
B.
The location, operation, and time period of the temporary use will not be detrimental to the public interest, health, safety, or general welfare;
C.
The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;
D.
The proposed lot is physically suitable in terms of size, shape, and location to accommodate the temporary use and the provision of necessary public and emergency vehicle access and public services and utilities;
E.
The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate;
F.
Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at an acceptable off-site location; and
G.
The location of the temporary use is within private property as authorized by the property owner and will not occur within City right-of-way unless approved by the Public Works Director.
(Ord. 1670(19) § 11)
§ 17.544.070 Time Limits.
A.
Unless otherwise provided for in Section 17.404.210 (Temporary Uses), or the review authority determines that another time limit is necessary to comply with the findings in Section 17.544.060 (Findings and Decision), a Temporary Use Permit shall be valid for up to 180 days in any given calendar year.
B.
The review authority may limit the number of Temporary Use Permits approved for each lot or property in a calendar year to avoid temporary uses becoming effectively permanent consistent with this Chapter and Section 17.404.210 (Temporary Uses).
(Ord. 1670(19) § 11)
§ 17.544.080 Post Decision Procedures.
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Temporary Use Permit.
(Ord. 1670(19) § 11)
§ 17.548.010 Purpose.
In compliance with Government Code § 65900 et seq., this Chapter allows for variances from the development standards of this Code only when, because of special circumstances applicable to the property including size, shape, topography, location, or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone.
(Ord. 1670(19) § 11)
§ 17.548.020 Applicability.
The Commission may grant a Variance from the requirements of this Code in compliance with this Chapter and State Law. The power to approve Variances does not extend to use regulations in compliance with Government Code § 65906.
(Ord. 1670(19) § 11)
§ 17.548.030 Application Requirements.
An application for a Variance shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
§ 17.548.040 Review, Notice, and Hearing.
A.
Precedents. Each Variance application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance is not admissible evidence for the approval of a new Variance.
(Ord. 1670(19) § 11)
§ 17.548.050 Findings and Decision.
The review authority shall approve, with or without conditions, a Variance application only after the following findings are made:
A.
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;
B.
The special circumstances applicable to the property identified in Subsection A was not created by any act of the property owner (i.e., a Variance shall not be granted for a self-imposed hardship);
C.
Granting the Variance would not authorize a use or activity which is not otherwise expressly authorized by the zone governing the property for which the application is made;
D.
Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;
E.
The Variance is consistent with the General Plan and any applicable specific plan or the potentially adverse effects of the Variance in relation to the General Plan are exceeded by the individual hardship which would be relieved by granting the Variance; and
(Ord. 1670(19) § 11)
§ 17.548.060 Post Decision Procedures.
§ 17.552.010 Purpose.
This Chapter provides requirements for the implementation of the permits or approvals required by this Code, including time limits and procedures for approving extensions of time.
(Ord. 1670(19) § 11)
§ 17.552.020 Effective Dates of Permits.
A.
Permits and Approvals.
1.
An Architectural Design and Site Development Review, Certificate of Appropriateness, Conditional Use Permit, Minor Use Permit, Minor Modification, Preliminary Development Plan, Reasonable Accommodation, Sign Permit, Sign Program, or Variance shall become effective after 5:00 p.m. on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 17.612 (Appeals).
2.
A Temporary Use Permit and Administrative Use Permit shall become effective immediately following the actual date the decision is rendered.
3.
A final decision by the Council shall become effective on the date the decision is rendered.
B.
Amendments, Specific Plans, and Development Agreements.
1.
Council actions to adopt an ordinance to approve or amend a Development Agreement, specific plan, this Code, or the Zoning Map shall become effective on the 30th day following the date the ordinance is actually adopted by Council.
2.
Council actions to adopt a resolution to approve or amend the General Plan or a specific plan shall become effective on the actual date the decision is rendered by the Council.
C.
No Subsequent Permits Shall Be Issued until Effective Date. Permits, certificates, or other approvals to implement a project shall not be issued until the effective date.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)
§ 17.552.030 Permits to Run with the Land.
Planning permits and approvals granted in compliance with Chapter 17.504 (Application Processing Procedures) shall run with the land through any change of ownership of the subject site, from the effective date of the permit, unless otherwise stated in the conditions of approval or in any case where a permit expires and becomes void in compliance with this Chapter. All applicable conditions of approval shall continue to apply after a change in property ownership, unless otherwise stated in the conditions of approval.
(Ord. 1670(19) § 11)
§ 17.552.040 Conformance to Approved Plans.
A.
Compliance. All work performed under a grading permit or building permit for which project drawings and plans have received approval by the Director, Commission, or Council shall be in compliance with the approved drawing and plans, and any conditions of approval imposed by the applicable Review Authority in compliance with Section 17.504.090 (Conditions of Approval).
B.
Changes. Changes to an approved project shall be submitted and processed in compliance with Section 17.552.080 (Changes to an Approved Permit).
(Ord. 1670(19) § 11)
§ 17.552.050 Performance Guarantees.
A.
Deposit of Security.
1.
Upon a finding that the City's health, safety, and welfare warrant it, the review authority may require as a condition of approval the execution of a covenant to deposit security and the deposit of security in a reasonable amount to ensure the faithful performance of one or more conditions of approval of the permit or approval in the event that the obligor fails to perform.
2.
The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).
3.
The security shall, as required by law or otherwise at the option of the City, be in a form which includes, but is not limited to, cash, a certified or cashier's check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the City.
4.
The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.
5.
Security required in compliance with this Section shall be payable to the City.
B.
Release of Security. Upon satisfactory performance of all secured conditions to the satisfaction of the Director, the security deposit shall be released.
C.
Failure to Comply.
1.
Upon failure to perform any secured condition, the City may perform the condition or cause it to be done and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs.
2.
Any unused portion of the security shall be refunded to the obligor after deduction of the cost of work.
(Ord. 1670(19) § 11)
§ 17.552.060 Expiration.
A.
Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions to ensure continued compliance with this Code:
1.
Variances and Reasonable Accommodations. Variances and Reasonable Accommodation approvals shall be implemented within 180 days following the effective date, or it shall expire and be deemed void unless a time extension is approved consistent with Section 17.552.070 (Time Extensions).
2.
All other permits. All other permits and approvals shall be implemented within one year following the effective date, or it shall expire and be deemed void unless a time extension is approved consistent with Section 17.552.070 (Time Extensions).
B.
Time Limits. Any time limit set by the applicable Review Authority that differs from those contained in Subsections A.1 and 2 shall be based upon the size and nature of the proposed project.
C.
Implementation.
1.
A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has actually commenced the allowed use on the subject site in compliance with the approval and any applicable conditions.
2.
Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.
3.
If a project is phased, each subsequent phase shall have the same time limit identified for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval, or the permit or approval shall expire and be deemed void.
D.
Concurrent Applications. For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.
E.
Expiration by Nonuse. Any permit shall expire and be deemed void when the use allowed by the permit is discontinued for a continuous period of 12 months. However, if a certificate of occupancy is issued for the structure associated with the use and all other conditions of approval are satisfactorily completed, the permit remains in effect even if the structure is vacant for more than 12 months, provided that no use may be reestablished in the structure and/or on the site unless the use is determined by the Director to be substantially the same as the original permit approval, and there have been no substantial changes in the conditions of circumstances of the site or project.
F.
Effect of Expiration. When the permit or approval has expired and/or been deemed void:
1.
No further action is required by the City;
2.
No further reliance may be placed on the previously approved permit or approval;
3.
The applicant shall have no rights previously granted under the permit or approval;
4.
The applicant shall file a new application(s) along with all required fees and obtain all required approvals before construction can commence or a use implemented; and
5.
Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from or abate any harm that may result from the terminated project.
(Ord. 1670(19) § 11)
§ 17.552.070 Time Extensions.
A.
Written Request. The applicant's written request for an extension of time shall be on file with the Department before expiration of the permit or approval, together with the required filing fee.
B.
Suspension of Expiration. The filing of a written time extension request shall suspend the actual expiration of the permit or approval until the extension request has been acted upon by the review authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.
C.
Review Authority. The original Review Authority shall make the decision regarding a time extension request. However, time extensions for Major Architectural Design and Site Development Review, in compliance with Subsection 17.512.040.A.2, may be approved by the Director if the project does not include a new structure or expansion of an existing structure.
D.
Noticing and Public Hearing.
1.
No noticing or public hearing is required for a time extension request when the review authority is the Director; however, the Director may conduct a public hearing in compliance with Chapter 17.608 (Public Hearings and Noticing) if deemed appropriate by the Director because unique or special circumstances exist.
2.
The Commission or Council shall conduct noticing and a public hearing on a time extension request if noticing and a public hearing was required for the original approval.
E.
Required Findings. An extension of the permit or approval may be granted only if the review authority first makes the following findings:
1.
There have been no changes in circumstances, law, General Plan, or Code that would preclude the review authority from making the findings upon which the original approval was based; or
2.
The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Code; and
3.
The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.
(Ord. 1670(19) § 11)
§ 17.552.080 Changes to an Approved Permit.
A.
Application. An applicant shall request a proposed change to an approved permit, including conditions of approval, in writing and shall also provide appropriate supporting information and materials explaining the reason(s) for the request. The required filing fee shall also be provided. A change may be requested either before or after construction or establishment and operation of an approved land use.
C.
Minor Changes by Director. The Director may authorize minor changes to an approved permit or other approval only if the changes:
1.
Are consistent with all applicable provisions of this Code and the spirit and intent of the original approval;
2.
Do not involve a feature of the project that was a basis for findings in the project's CEQA document or for conditions of approval for the project, or a specific consideration by the review authority in granting the permit or approval; and
3.
Do not involve any measurable expansion of intensification of the use or structure.
(Ord. 1670(19) § 11)
§ 17.552.090 Resubmittal.
For a period of 12 months following the denial or conditional approval of a planning permit or approval or Amendment, no application for the same or substantially similar planning permit or approval or Amendment for the same parcel shall be filed, except as otherwise specified at the time of denial. The Director shall determine whether the new application is the same or substantially similar as a previously denied or conditionally approved application.
(Ord. 1670(19) § 11)
§ 17.556.010 Purpose.
This Chapter provides procedures for securing punitive modification or revocation of previously approved permits or approvals.
(Ord. 1670(19) § 11)
§ 17.556.020 Modifications.
A.
The City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, noise, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.
B.
The City shall provide a notice of intention to modify to the owner(s) of the property and any current occupants of the property not less than 30 days before the public hearing at which the review authority is scheduled to consider the modification.
(Ord. 1670(19) § 11)
§ 17.556.030 Revocations.
A.
The City's action to revoke a permit or approval, instead of modifying it, shall have the effect of terminating the permit or approval and denying the privileges granted by the original permit or approval.
B.
The City shall provide a notice of intention to revoke to the owner(s) of the property and any current occupants of the property not less than 30 days before the public hearing at which the review authority is scheduled to consider the revocation.
(Ord. 1670(19) § 11)
§ 17.556.040 Hearing and Notice.
A.
Hearings Required. The review authority that approved the original permit or approval shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Code. The hearing shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing) unless otherwise specified in this Chapter.
(Ord. 1670(19) § 11)
§ 17.556.050 Required Findings.
Any permit or approval, issued in compliance with this Code, may be modified or revoked by the review authority that originally granted the permit or approval by the same procedure under which the permit was issued for any of the following causes:
A.
Compliance with any term or condition of the permit or approval has not been achieved;
B.
The property or portion thereof subject to the permit or approval is used or maintained in violation of any statute, ordinance, law, or regulation;
C.
The use for which the permit or approval was granted has been determined to be detrimental to the public health, safety or welfare and is a nuisance; or
D.
Changes in technology or in the type or amount of development in the vicinity of the use, or other good cause, warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses or other property within the general area in which the use is located.
(Ord. 1670(19) § 11)