Procedures. This chapter provides procedures and requirements for the preparation, filing, initial processing, and review of applications for the land use entitlements required by this Zoning Code.

Discretionary Land Use Entitlements. Receiving approval of a discretionary land use entitlement identified in this article is considered a privilege, not a right. The applicable review authority shall make the required findings in a positive manner before approving the application.

Failure to Follow Requirements. Failure to follow the procedural requirements shall not invalidate City actions taken, in the absence of a clear showing of intent not to comply with this Zoning Code.

Application Contents. Applications for amendments, entitlements, and other matters pertaining to this Zoning Code shall be filed with the Development Services Department in the following manner:

Pre-Application Conference.

Eligible Applicants. Applications shall be made by the owners of a property or their agents with the written consent of the owner.

Concurrent Application Filing and Processing.

Applicant's Responsibility. It shall be the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings and Decision."

Application Not Eligible for Filing.

Filing Date. The filing date of an application for any non-legislative permit or action shall be the date on which:

Filing Fees Required.

Refunds and Withdrawals.

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

Precedence.

Completeness Review. The Director, or designee, shall review applications for completeness and accuracy before they are accepted as being complete and officially filed. This shall include information required for the environmental review of the project in compliance with Section 17.30.070 (Environmental Compliance).

Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code, State, or Federal law, an application may be referred to a public agency that may be affected by or have an interest in the proposed/requested land use activity.

CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether:

CEQA Guidelines. These determinations and, where required, the preparation of EIRs, shall be in compliance with the State CEQA Guidelines.

Special Studies Required. One or more special studies, paid for in advance by the applicant, may be required to complete the City's CEQA compliance review. These studies shall become public documents and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents' availability to the public.

Application Evaluation. The Director shall review applications to determine whether they comply and are consistent with the provisions of this Zoning Code, other applicable provisions of the Municipal Code, the General Plan, applicable Specific Plan, and CEQA.

Staff Report Preparation. For those application approvals requiring a public hearing, a staff report shall be prepared describing the conclusions about the proposed land use and development as to its compliance and consistency with the provisions of the Zoning Code, other applicable provisions of the Municipal Code, and the actions, goals, objectives, and policies of the General Plan.

Report Distribution. Staff reports shall be furnished to applicants at the same time that they are provided to the members of the Commission and/or Council before a hearing on the application.

Any person holding a permit or other approval granted under this title may request a modification or amendment to that permit or approval via an application provided by the Department. For the purpose of this section, the modification of a permit or approval may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit or approval.

If the Director, determines that a proposed project action substantially conforms with the original approval, the Director shall have the authority to approve the alteration or modification. Such approval shall be issued in writing.

If the Director determines that a proposed project action is not in substantial conformance with the original approval, the Director or designee shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same review authority as the original permit or approval.

A permit or approval modification may be granted only when the review authority makes all findings required for the original approval and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

Any permit or approval modification is subject to the same hearing and notice requirements as the original permit or approval.

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The Administrative Use Permit and Conditional Use Permit are provided for this purpose.

The Director is empowered to grant and deny applications for Administrative Use Permits and to impose reasonable conditions upon the granting of such permit.

The Planning Commission is empowered to grant and deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of such permit.

Generally. An application for an Administrative Use Permit or a Conditional Use Permit shall be filed and processed in compliance with Sections 17.30.030 (Application Filing) through 17.30.080 (Staff Reports and Recommendations). The application shall include the information and materials specified in the most up-to-date Department handout for Administrative Use Permit and Conditional Use Permit applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.32.070 (Required Findings for Administrative Use Permits and Conditional Use Permits), below.

For Massage Establishments. In addition to the requirements of subsection A above, an application for a massage establishment shall include a floor plan drawn to scale and showing entrances; exits; windows; interior doors; restrooms; all other separately enclosed rooms with dimensions including, but not limited to, closets, storerooms, break rooms, and changing rooms; and the location of all massage tables and chairs. All massage establishments shall comply with Chapter 5.32 (Massage) of the Municipal Code.

The Director shall review the process an application in accordance with the standards set forth in this Division 5 and may impose reasonable conditions of approval.

No public notice and no public hearing shall be required for an Administrative Use Permit. Within 10 working days from the date an application is deemed complete, the Director shall issue a written determination as to the approval, conditional approval, or denial of the application. The written determination shall state the findings for decisions.

Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 17.30.080 (Staff Reports and Recommendations).

Notice and Hearings.

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

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

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

The site is physically suitable in terms of:

The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.

An Administrative Use Permit or Conditional Use Permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this chapter.

In addition to securing a business license, any new applicant seeking to operate a previously approved use in substantial compliance with an existing Administrative Use Permit or Conditional Use Permit shall submit a project description (e.g., narrative and/or a site and floor plan) to the Director ensuring that the new operation would be in compliance with the previous use and that the new applicant agrees to operate in full compliance with the previously issued conditions of approval. A fee may be imposed for the review of the project description and conditions of approval in compliance with the City's fee resolution.

This chapter is established in compliance with Government Code Sections 65870 through 65875 for the purpose of providing a mechanism for the City to create an easement independent of the subdivision process.

This chapter shall apply to development projects approved by the Council, Commission, Director, and voters, and acts independently from other authority or method for the City to require an easement.

The covenant for easement may be for:

At the time of recording the covenant of easement, the real property benefited or burdened by the covenant shall be in common ownership.

Permits and Approvals Contingent Upon Recordation of Covenant. Whenever the Council, Commission, or Director determines that a covenant of easement is needed for one or more of the purposes identified in Section 17.34.010 (Purpose and Applicability), the approval, permit, or designation shall not become effective unless or until the covenant of easement is recorded.

Preparation of Covenant. Whenever a covenant of easement is required in this chapter, the covenant shall either:

Identification of the owner or owners of the real property to be burdened, including a statement that both the burdened and benefited parcels are under common ownership;

A consent to the covenant of easement and its recordation by the record owner or owners who are parties to the covenant;

Identification of the real property to be benefited and to be burdened by the covenant including a legal description of the property;

A statement that the covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, including an express statement that the easement and covenant of easement shall not merge into any other interest in real property in compliance with Government Code Section 65871, subdivision (b);

A statement that the covenant of easement shall run with the land, be binding upon successors in interest to the burdened real property, inure to successors in interest to the real property benefited, and shall be subject to California Civil Code Section 1104;

Identify the approval, permit, or designation granted which required the covenant;

A statement identifying the Los Alamitos Municipal Code section that identifies the procedure for release of the covenant;

An appropriate section for execution of the covenant of easement by the record owner or owners of the subject real property.

Any person may request that the City make a determination as to whether or not the restriction imposed by the covenant of easement is still necessary to achieve the City's land use goals. The determination of the need for the covenant of easement shall be made by the body or department that took final action on the original application. A person shall be entitled to only one determination in any 12-month period.

To obtain a determination mentioned above, a request for determination application shall be made and filed with the City Clerk. The application shall include a fee as set by the City's fee resolution.

Upon receipt of a completed application, the City Clerk shall set the matter for public hearing before the Commission or Council or appropriate department head, as appropriate, and cause notice of it to be given in compliance with Government Code Section 65090, and a copy of the notice shall be mailed to the record property owner or owners as shown on the tax assessor's latest equalized roll if other than the applicant and to record property owners within 300 feet of the property.

At the conclusion of the public hearing, the Commission, or Council, or Department head, as appropriate, shall determine and make a finding, based upon substantial evidence in the record, whether or not the restriction imposed by the covenant for easement is still necessary to achieve the land use goals of the City. If a determination is made that the covenant for easement is still required, the commission or council, as appropriate, shall by resolution determine that the need still exists.

If a determination is made that the covenant of easement is no longer necessary, the Commission, or Council, or department head, as appropriate, shall by resolution make the determination and finding and direct the City Attorney to prepare a release and transmit the same to the City Clerk for recording.

The department head or Commission action on the continuing need for the covenant of easement is subject to appeal in compliance with Chapter 17.60 (Appeals).

The Council's determination in subsections D and E of this section shall be final and conclusive.

Purpose. It is the purpose of this chapter to:

Incidental and Secondary Use. The Home Occupation Permit is intended to allow for home occupations that are conducted within a dwelling located in a residential zone or the residential component of a mixed-use zone and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses.

Where Allowed. Home occupations are allowed in residential and the residential component of mixed-use zones in compliance with Division 2 (Zones, Allowable Uses, and Development Standards).

Allowed Home Occupations. Allowed home occupations include any activity producing income, or intended to produce income, conducted entirely within a residential dwelling by the inhabitants of the dwelling, which use is clearly incidental and secondary to the use of the structure for residential purposes, which does not change the character of the dwelling, and only when conducted in compliance with the applicable locational and operational standards identified in Section 17.08.020 (Allowed Uses and Permit Requirements for Residential Zones). This shall include cottage food operations as set forth in the California Health and Safety Code, Chapter 11.5 (Cottage Food Operations) et seq.

Prohibited Home Occupations. The following uses are not incidental to or compatible with residential activities and are prohibited as home occupations:

Home Occupation Prohibited Without a Permit. No person shall engage in business or transact and carry on any business, calling, profession, occupation, or trade, on any property zoned for residential purposes without an approved and unrevoked or unsuspended Home Occupation Permit.

No Permit on Site with Violations. No permit shall be issued for a property on which there exists a violation of the law.

Permit Required. The establishment of a home occupation within a residence (single-family, multi-family, mixed use, or accessory dwelling) shall be regulated by a one-time application and fee, in compliance with the fee schedule adopted by the Council.

Filing. An application for a Home Occupation Permit shall be filed and processed in compliance with Section 17.44.030 (Application Processing, Filing, and Review—Generally). The application shall include the information and materials specified in the most up-to-date Department handout for Home Occupation Permit applications, together with the required fee in compliance with the fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.40.040 (Required Findings and Decision). Initial review of the application, including time requirements and requests for information, shall be in compliance with Section 17.62.060 (Preapplication Review).

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

Public Notice Not Required. A public notice and hearing shall not be required for the Director's decision on a Home Occupation Permit application.

Director's Actions. The Director may approve a Home Occupation Permit that would be operated in compliance with Section 17.08.020 (Allowed Uses and Permit Requirements for Residential Zones), or the Director may defer action and refer the application to the Commission for review and final decision. The Director shall review all Home Occupation Permit applications and shall record the decision in writing with the findings on which the decision is based. The Director (or the Commission on a referral) may approve a Home Occupation Permit application, with or without conditions, only upon first making all of the following findings. Failure to make all of the following findings shall result in denial of the Home Occupation Permit application:

Conditions of Approval. In approving a Home Occupation Permit application, the Director (or the Commission on a referral) may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with this section and the findings required above.

Acknowledgement. A Home Occupation Permit shall not be valid until signed by the applicant, with the signature acknowledging the applicant's full understanding and agreement with all of the conditions, and agreement to waive any right to later challenge any conditions imposed as unfair, unnecessary, or unreasonable.

Authority. Upon the written consent of the property owner, the Planning Commission may upon its own initiative or upon request of a person or government agency, approve a local landmark designation for a historic or cultural resource in the City.

Public Hearing. The Planning Commission shall hold a public hearing for any request for a local landmark designation in compliance with Chapter 17.56 (Public Hearings and Notices).

Findings and Decision. The Planning Commission, after due consideration and public hearing, shall by resolution approve or disapprove the request for local landmark designation, stating the reasons for the action.

Appeal of Decision. The decision of the Planning Commission shall be final unless appealed to the Council pursuant to Chapter 17.60 (Appeals).

Notice with City Clerk. Upon approval of a local landmark, notice shall be placed with the City Clerk for inclusion in the Register of Local Landmarks and in the building permit address file for consideration before issuance of future requested building permits.

Character, interest, or value as part of the heritage of the City;

Location as a site of historical event;

Identification with a person or persons or groups who significantly contributed to the culture and development of the City;

Exemplification of a particular architectural style or way of life important to the City;

Identification as the work of a person or persons whose work has influenced the heritage of the City, the State of California, or the United States;

Embodiment of elements of outstanding attention to architectural design, detail, materials, craftsmanship, or the best remaining architectural type in an area;

Relationship to other landmarks, where the preservation of one has a bearing on the preservation of another;

A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood; and/or

Integrity as a natural environment that strongly contributes to the well-being of the people of the City.

Rehabilitation Criteria. Any alteration of a local landmark shall comply with the Secretary of the Interior's "Standards for Rehabilitation of Historic Properties," the State Historic Building Code, and other design criteria and standards established by resolution of the Council. The primary concern is with the exterior of the local landmark unless there are interior features that greatly contribute to the significance of the property.

Maintain Historic Nature. Every attempt shall be made to restore or modify the local landmark in a way to maintain the historic nature of the property, but not so as to burden the owner of the local landmark with the requirements that are not practically or economically available in current markets, as determined by the Director.

Alterations. Alterations of a local landmark shall be subject to review and approval in compliance with the following procedures.

Reduction in Parcel Area or Dimension. Where an existing or proposed parcel is substandard in land area or dimensions, with respect to the regulations of the zoning district in which the parcel is located, a reduction in parcel area or dimension by not more than five percent may be allowed.

Reduction of Setback Requirements or Separation Distances. Where an existing or proposed parcel is so irregularly shaped as to render strict compliance with setbacks and distances between structure regulations of the zoning district in which the parcel is located difficult to maintain or where a situation imposes an onerous burden on the development of the parcel, a reduction of setback requirements or distance between structures of not more than 10 percent may be allowed.

Fence, Wall, and Hedge Heights. Up to 10 percent of a fence, wall, or hedge height above the stated maximum height may be allowed.

Application. An application for a Minor Modification shall be filed and processed in compliance with Sections 17.40.030 (Application Filing, Processing, and Review). The application shall include the information and materials specified in the most up-to-date Department handout for Minor Modification applications, together with any required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.40.040 (Required Findings and Decision), below.

Review. A completed application shall be reviewed and analyzed by the Director to ensure the application is consistent with the purpose and intent of this chapter and otherwise conforms to the requirements of the General Plan and this title.

Public Notice and Hearing Not Required. A public notice and hearing shall not be required for the Director's action on a Minor Modification.

Decision. Within 10 days of deeming a Minor Modification application complete, the Director shall act to approve, approve with conditions, or deny the application.

Required Findings. Before a Minor Modification may be approved, the Director, or the Commission or Council on appeal, shall make the following findings:

Notice to Commission. Within one day of issuing the decision, the Director shall transmit a copy of the proceedings and findings of the Director to all owners of properties immediately abutting the subject property/properties.

Substantial Compliance. Once approved, the Minor Modification shall not be substantially altered. Substantial changes shall require review and approval by the Director before commencement of construction.

Director. The Development Services Director shall review all applications for a reasonable accommodation pursuant to the provisions of this chapter.

No Public Hearing Required. No public hearing is required for any reasonable accommodation request unless a decision of the Director is appealed or called for review pursuant to the provisions of this title.

Applicant. A request for reasonable accommodation from any zoning provision, rule, practice, or policy may be made by any person with a disability, his or her representative, a developer of housing for individuals with disabilities, or a provider of residential care to individuals with disabilities. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form provided by the Development Services Department and shall be accompanied by a fee in an amount set by resolution of the Council.

Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit, then the applicant shall file the request for reasonable accommodation together with the application for the other discretionary permit. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation request and the discretionary permit. Nothing herein prevents an applicant from requesting a reasonable accommodation at a later time.

Required Submittals. In addition to materials required under other applicable provisions of this Zoning Code, an application for a reasonable accommodation shall include the following:

Director Action. The Director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with subsection B.

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

The Director may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

The Director may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's Zoning Code:

Rules While Decision Is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of the time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal.

Violation of Terms/Revocation. Any reasonable accommodation approved in accordance with the terms of this title may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith, pursuant to the provisions set forth in Chapter 17.68 (Revocations and City-Initiated Modifications) of this title.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days.

Removal. All improvements constructed under a reasonable accommodation authorized by this chapter which deviate from the applicable development standards at the time that the improvement is constructed shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted, unless the Director makes one of the findings below. If neither of the findings can be made, nothing herein prevents a person from filing for a Variance in order to keep the improvement.

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

Intent. The intent of this section is to ensure that all approved site and structural development:

Two Levels. Two levels of Site Development Permits are established, and the thresholds set forth below shall apply.

Major. A Major Site Development Permit requires a discretionary Planning Commission review process that includes public notice with a public hearing conducted as is required for all Planning Commission actions. The following projects shall require a Major Site Development Permit:

Minor. A Minor Site Development Permit consists of a staff-level review with public notice provided but with no public hearing required. A Minor Site Development Permit shall be required for any proposed addition to an existing multi-family residential, commercial, mixed-use, industrial, or private institutional structure or group of related structures whereby the addition is 2,500 square feet or less of gross floor area.

Application. An application for Site Development Permit shall be filed and processed in compliance with Section 17.30.030 (Application Filing). The application shall include the information and materials specified in the most up-to-date Department handout for Site Development Permit applications, together with any required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.44.060 (Required Findings and Decision), below.

Review. The following criteria shall be considered during the review of a Site Development Permit application, including, but not limited to:

Decision—Minor Site Development Permit. Within 21 days of deeming a Minor Site Development Permit application complete, the Director shall act to approve, approve with conditions, or deny the application.

Decision—Major Site Development Permit. Decisions on Major Site Development Permit applications shall be made by the Commission through the public hearing process specified in Section 17.44.020(B) (Two Types of Site Development Permits—Major and Minor).

Required Findings. Before a Site Development Permit application may be approved, the responsible review authority shall make the following findings:

Basic public convenience, health, interest, safety, or community welfare standards are maintained and protected from adverse impacts;

The integrity of the applicable zone is preserved;

The compatibility between the temporary land use and the surrounding neighborhood is maintained; and

Suitable temporary uses are approved with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

Minor Short-Term Activities. A Temporary Use Permit allows short-term activities that might not meet the development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature.

Categories of Uses. The following three categories of temporary uses identify the level of permit required based on the proposed duration, size, and type of use:

Temporary Use Permit Required. Allowed temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit.

Construction Yards—On-Site. On-site contractors' construction yard(s) in conjunction with an approved construction project on the same site, subject to the following operational provisions.

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

Estate Sales. Estate, garage, or yard sale events on a single residential property or group of residential properties shall be limited to no more than three events within a 12-month period and for no more than three consecutive days for each event.

Car Washes.

Construction Yards—Off-Site.

Filming Activities.

Outdoor Events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, swap meets, rummage sales, second-hand sales, and the like shall be limited in duration to six consecutive days or fewer, or three two-day weekends, within a 12-month period.

Outdoor Meetings. Outdoor meetings within parking areas shall be limited to seven consecutive days or fewer within a 12-month period. The applicant shall be required to demonstrate that adequate parking will be available for both the outdoor meeting event and the use which the parking area serves.

Parking Lot Sales.

Seasonal Sales Lots.

Temporary Model Homes.

Temporary Structures. In the commercial and industrial districts, a temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum 12-month period as an accessory use or as the first phase of a development project.

Temporary On-Site Work Trailers.

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

Review. The Development Services Director shall review the application for compliance with the provisions of this chapter for the specific proposed temporary use. The Director may impose conditions (e.g., buffers, hours of operation, lighting, parking, property maintenance, signs, traffic circulation, removal upon cessation, etc.) deemed reasonable and necessary to:

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.46.060 (Findings and Decision—Acknowledgement by Applicant).

Findings. A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director, or the Commission on appeal, may approve, modify, or conditionally approve a Temporary Use Permit application only for a time period no greater than the duration identified in Section 17.46.040 (Allowed Temporary Uses), above, and only if the following findings of fact can be made in a positive manner:

Acknowledgment.

Each site occupied by a temporary use shall be cleaned of debris, litter, temporary structures, or other evidence of the temporary use within three days after the termination of the use, expiration of the Temporary Use Permit, and/or revocation of the Temporary Use Permit, whichever comes first, and shall thereafter be used in compliance with the provisions of this Zoning Code.

A bond or other security approved by the Director may be required before initiation of the use to ensure cleanup and restoration after the use is finished.

The Director or designee shall have the responsibility to verify that the cleanup and restoration has been completed in a satisfactory manner.

Purpose. The Variance procedure is established to allow minor relaxation of certain standards by the Commission which, with the strict application of this Zoning Code, would otherwise prevent a property from being used in the same manner as other, similar property because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, where the intent of these regulations would not be compromised by such minor relaxation.

Applicability. Setbacks, height limits, lot coverage, floor area ratio, and parking space requirements may be relaxed. No Variance to land use regulations or density standards may be granted.

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

Filing. An application for a Variance shall be filed and processed in compliance with Sections 17.30.030 (Application Filing). An application shall state the precise nature of the grounds for the Variance sought and shall be accompanied by any required fees.

Investigation by Director. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter. A staff report shall be prepared pursuant to Section 17.30.080 (Staff Reports and Recommendations).

Notice and Hearings.

That there are special circumstances applying to the site, such as size, shape, or topography, so that the strict application of this title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning;

That the Variance will not be in conflict with the purpose and intent of this Zoning Code, the General Plan, or any applicable specific plan;

That the Variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

That the Variance will not adversely affect the health, safety, or general welfare of persons residing or working on the site or in the vicinity.