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

(Code 1990, § 17.60.010; Ord. No. 14-02, § 4, 3-19-2014)

Table 17.60.030 identifies the Town official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this chapter.

(Code 1990, § 17.60.020; Ord. No. 14-02, § 4, 3-19-2014)

When a single project incorporates different land uses or features so that this chapter requires multiple land use permit applications, or the project involves a land use permit application and a tentative map, all the applications shall be reviewed, and approved or denied, concurrently by the highest level review authority assigned by Table 17.60.030 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a use permit shall be reviewed, and approved or denied by the Council, where a use permit application by itself would normally be reviewed and acted upon by the Commission.)

Table 17.60.030. Review Authority

¹ The term "recommend" means that the review authority makes a recommendation to a higher decision-making body; the term "decision" means that the review authority makes the final decision on the matter; the term "appeal" means that the review authority may consider and decide upon appeals of an earlier decision, in compliance with Chapter 17.100.

² The Director may refer any matter subject to his/her decision to the Commission, so that the Commission may instead make the decision.

(Code 1990, § 17.60.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 2022-01, § 3(exh. B, § c.), 1-19-2022)

(a)

Application contents. The preparation and filing of applications for land use permits, amendments (e.g., general plan, Zoning Map, or chapter), and any other matters pertaining to this chapter shall comply with the following requirements:

(1)

Applications shall include the forms provided by the Department, and all information and materials required by the application requirements list provided by the Department for the specific type of application;

(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 the approval of the application by this chapter.

(b)

Eligibility for filing. Applications may be made by the owner of the subject property, by a lessee, or any other person, with the written consent of the property owner.

(c)

Time for filing. Any land use permit required by this chapter shall be filed with the Director, processed and approved before the approval of any building, grading, or other construction permit or other authorization required by this Code or this chapter for the proposed use or structure.

(d)

Concept review. Prospective applicants and agents are encouraged to request a concept review prior to completion of project design and the formal submittal of a permit application. A request by an applicant for concept review, accompanied by preliminary project plans and designs, will be reviewed by the Planning Division, the Commission, and, in some cases, the advisory design panel. The Planning Division will inform the applicant of Town requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, based on identified development standards and other adopted policies and regulations, and identify technical studies that may be necessary for the environmental review process when a formal application is filed.

(Code 1990, § 17.60.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Fee schedule. The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this chapter. The schedule of fees may be changed or modified only by resolution of the Council.

(b)

Timing of payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. Failure to timely pay required fees or deposits shall be a basis for denial or revocation of any permit or other requested entitlement, notwithstanding any other provisions of this chapter. Processing shall not commence on any application until all required fees have been paid.

(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 17.100. 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 Town whether the application is approved, approved in modified form, or denied by the hearing body. An initial deposit shall be required by the Town based upon an estimate of the municipal costs associated with processing, including pre-application meetings. The Town shall then charge its expenses against the deposit. If funds deposited are insufficient to cover the Town's costs, work on the application shall cease until adequate funds are deposited or Town expenditures are fully reimbursed. Adequate notice shall be given to the applicant when insufficient funds are remaining to process the application.

(e)

Development agreements. The applicant shall pay the fees and charges established by the Town Council for the filing and processing of a development agreement. Additionally, appropriate fees may be established and collected for periodic reviews conducted by the Town in compliance with State law and Section 17.104.090.

(Code 1990, § 17.60.050; Ord. No. 14-02, § 4, 3-19-2014)

All applications filed with the Department in compliance with this chapter shall be initially processed as follows:

(1)

Completeness review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete for processing.

a.

Notification of applicant. The applicant shall be informed as required by State law, either that 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.

b.

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 requested by the Director is not required, the applicant may appeal the determination in compliance with Chapter 17.100.

c.

Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Subsection (3) of this section.

d.

Expiration of application. If the applicant does not provide sufficient information to complete an application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless an extension is granted by the Director. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property, may then be filed in compliance with this article.

(2)

Referral of application. At the discretion of the Director, or where otherwise required by this chapter, State or Federal law, any application filed in compliance with this chapter may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(3)

Environmental assessment.

a.

All development applications shall be reviewed as required by the California Environmental Quality Act, Public Resources Code § 21000 et seq., (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.

b.

These determinations and, where required, the preparation of environmental documents shall comply with the CEQA guidelines.

(Code 1990, § 17.60.060; Ord. No. 14-02, § 4, 3-19-2014)

(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 content, purpose, and intent of this chapter, any applicable design guidelines, the CEQA guidelines, 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 Town Engineer.

(b)

Notice and hearings. A land use permit application will be scheduled for a public hearing only after the Director has determined the application complete, in compliance with Section 17.60.060(1). Noticing of the public hearing will be given in compliance with Chapter 17.120.

(Code 1990, § 17.60.070; Ord. No. 14-02, § 4, 3-19-2014)

The decision of the Director or Commission, as applicable, shall be considered final unless an appeal is filed in compliance with Chapter 17.100. The decision of the Director or Commission, or any condition of approval, is appealable to the Council.

(Code 1990, § 17.60.080; Ord. No. 14-02, § 4, 3-19-2014)

The following procedures shall apply following the approval of the permit or entitlement:

(1)

Expiration and extensions. Time limits for the expiration of approved land use permits, and procedures for obtaining extensions of time are established by Chapter 17.64.

(2)

Phasing. Requirements for the development of approved projects in multiple phases are established by Chapter 17.64.

(3)

Building permit. Building permits may be issued after all applicable terms and conditions of the land use permit approval have been satisfied. Any land use permit issued in compliance with this chapter shall conform to all applicable provisions of this chapter.

(4)

Certificate of Occupancy. The Certificate of Occupancy may be issued after all conditions have been fulfilled to the satisfaction of the Director.

(5)

Minor changes. The Director may approve minor changes (e.g., colors, elevations, exterior materials, hours of operation, landscaping, walls/fences, etc.) to required conditions and operating standards of an approved land use permit. The minor changes shall be in compliance with Section 17.64.070.

(6)

Major changes. The original review authority may approve major changes to required conditions and operating standards of an approved permit or entitlement, in compliance with Section 17.64.070. The requirements and procedures contained in this chapter shall apply to any application for a major change, which shall constitute a project requiring environmental review under CEQA.

(7)

Revocation. The original review authority may revoke or modify a land use permit approval in compliance with Chapter 17.124.

(Code 1990, § 17.60.090; Ord. No. 14-02, § 4, 3-19-2014)

This chapter outlines requirements for the implementation or exercising of the permits or entitlements required by this chapter, including time limits and procedures for extensions of time.

(Code 1990, § 17.64.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Effective after appeal period.

(1)

The approval of a planning permit shall become effective the day after the appeal period has ended and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval, provided that no appeal of the approval has been filed in compliance with Chapter 17.100.

(2)

For concurrent applications, the effective date of all permits shall be after the last appeal period associated with any one permit has ended and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval, provided that no appeal of the approvals has been filed in compliance with Chapter 17.100.

(b)

Effective date if appeal filed. If the appeal of a decision approving a planning permit is filed in a timely manner, the permit or entitlement shall be placed on hold pending the final decision on the appeal pursuant to Chapter 17.100. If the final decision is to deny the appeal, the permit or entitlement shall become effective following the final decision on the appeal and upon receipt by the Community and Economic Development Department of the approval signed by the applicant agreeing to the conditions of approval. If the final decision is to approve the appeal, the permit or entitlement shall be deemed void.

(Code 1990, § 17.64.020; Ord. No. 14-02, § 4, 3-19-2014)

A planning permit application that is deemed approved by operation of law in compliance with Government Code § 65956 shall be subject to all applicable provisions of this chapter, which shall be satisfied by the applicant before any building permit is issued or a land use not requiring a building permit is established.

(Code 1990, § 17.64.030; Ord. No. 14-02, § 4, 3-19-2014)

Planning permit approvals granted in compliance with Chapter 17.60 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 Section 17.64.060. All applicable conditions of approval shall continue to apply after a change in property ownership, unless otherwise stated in the conditions of approval.

(Code 1990, § 17.64.040; Ord. No. 14-02, § 4, 3-19-2014)

A permit applicant may be required by conditions of approval, action of the Director, or as otherwise provided in this Code to provide adequate security, in a form specified in the conditions of project approval, to guarantee the faithful performance of any or all conditions of approval imposed on the permit.

(Code 1990, § 17.64.050; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Time limits.

(1)

Lapse of permit. Unless conditions of approval or other provision of this chapter establishes a different time limit, any permit or approval, including all phases of the permit or approval, not exercised within two years of the effective date shall expire and become void, except where an extension of time is granted in compliance with Subsection (b) of this section.

(2)

Permit implementation, commencement of use. A permit shall not be deemed exercised until the permittee has actually obtained a building permit and commenced construction, or where no building permit is required, has actually commenced the allowed use on the subject site in compliance with the conditions of approval; construction shall be diligently pursued toward completion. If a project is to be developed in approved phases, the permit or approval for the phased project shall not be deemed exercised until all project phases are exercised.

(3)

Concurrent applications. For concurrent applications, the longest time limit associated with any one permit shall apply to all of the other concurrent permits. All permits that are associated with the approval of a tentative map shall have the same expiration date as the tentative map; however, no permit approved in conjunction with a tentative map shall expire and become void sooner than one year after the approval of the final map.

(4)

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 two years. However, if a Certificate of Occupancy is issued for the structure associated with the use and all other conditions of approval of the permit are satisfactorily completed, the permit remains in effect even if the structure is vacant for more than two continuous years, provided that no use may be reestablished in the structure 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 or circumstances of the site or project.

(b)

Extensions of time. Upon written request by the applicant, the original review authority (e.g., the Director, Commission, or Town Council) may extend the time for an approved planning permit to be exercised.

(1)

Application for extension. The applicant shall file a written request for an extension of time with the Director before the expiration of the permit, together with the filing fee required as established by the Town Council.

(2)

Suspension of expiration. Upon the filing of an extension request in compliance with this chapter, the time limit for expiration of a permit shall be suspended until a decision on the extension request is made by the original review authority.

(3)

Review procedure. The original review authority shall make determinations in compliance with Subsection (b)(4) of this section prior to taking action on a time extension request. A public hearing is not required for a time extension request.

(4)

Action on extension request. The original review authority shall approve, conditionally approve, or deny a time extension request. The original review authority may approve a time extension request only after all of the following findings are made:

a.

The applicant has made a good faith effort to exercise the permit and comply with the conditions of approval in a timely manner. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant have prevented exercising the permit;

b.

The permit is still in compliance with the general plan, this chapter, and any applicable specific plan;

c.

The original conditions of approval have been modified or new conditions have been imposed as deemed reasonable and necessary to ensure that the approval will remain in compliance with the findings required by this chapter for the applicable permit; and

d.

The original review authority shall make project specific findings to support the decision.

(5)

Length of extension allowed. The original review authority may grant a permit extension for a period or periods not exceeding a total of six years beyond the expiration date of the original approval, not to exceed a total of eight years of life; provided the original review authority first finds the extension consistent with Subsection (b)(4) of this section. Time extensions for tentative maps and permits associated with tentative maps shall be consistent with Government Code §§ 66452.6.E, 66452.12, 66452.21, and any other statute extending the life of tentative maps.

(c)

Effect of expiration. After the expiration of a planning permit in compliance with Subsection (a) of this section, no further work shall be done on the site until a new planning permit and any required building permit or other Town permits are first obtained.

(Code 1990, § 17.64.060; Ord. No. 14-02, § 4, 3-19-2014)

An approved development or new land use authorized through a planning permit granted in compliance with this chapter shall be established, maintained, or operated only as approved by the Town, and in compliance with any conditions of approval, except when changes to a project are approved in compliance with this section.

(1)

Application. An applicant shall request a proposed change in writing and shall also furnish appropriate supporting information and materials explaining the reasons 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 the approved land use.

(2)

Extent of changes allowed. Generally, minor changes to an approved project may be approved, modified, or denied by the Director, while major changes shall be approved, modified, or denied by the original review authority (e.g., the Director, Commission, or Town Council), unless expressly stated otherwise by the conditions of approval imposed on the project, as follows (also see Section 17.60.090(5) and (6)):

a.

Minor changes. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved land use where the Director first finds that the changes:

1.

Are consistent with all applicable provisions of this chapter, and the approval will remain in compliance with the findings required by this chapter for the applicable permit;

2.

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

3.

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

4.

Do not result in an expansion in the scope or intensity of the use.

b.

Major changes. The original review authority may authorize major changes to an approved site plan, architecture, or the nature of the approved land use subject to the following:

1.

A new planning permit application or modification of the existing permit has been processed in the same manner as the original permit in compliance with this chapter.

2.

If the permit for which a change is being requested originally required a noticed public hearing, the review authority shall hold a noticed public hearing on the proposed changes in compliance with Chapter 17.120.

3.

If a new land use permit or modification of an existing land use permit is subsequently approved by the review authority, any previously approved land use permit shall be deemed void and superseded by the new land use permit or modification.

(Code 1990, § 17.64.070; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

For a period of one year following the denial of a discretionary planning permit, entitlement, or amendment, no application for the same or substantially similar discretionary permit, entitlement, 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 application.

(Code 1990, § 17.64.080; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Covenant may be required. When necessary to achieve the land use goals of the Town, the Town may require property owners holding property in common ownership to execute and record a covenant of easement in favor of the Town for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes pursuant to Government Code § 65871. The covenant may be imposed as a condition of approval by the Director, Commission, or Town Council.

(b)

Release of covenant. A covenant may be released by the Town, at the request of any person, in the same manner as a street or highway vacation in accordance with the general vacation procedure in the Streets and Highways Code, Div. 9, Pt. 3, Ch. 3 (Streets and Highways Code §§ 8320 through 8325). The Town may impose fees to recover the Town's reasonable cost of processing a request for a release from those persons requesting the release. The required fees shall be as established by the Town Council.

(Code 1990, § 17.64.090; Ord. No. 14-02, § 4, 3-19-2014)

(a)

This chapter establishes procedures for the review, and approval or denial of use permits, which are required by Chapters 17.16 through 17.32 or any other section of this chapter which requires a use permit for land use activities which may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effects on a site, and surroundings cannot be determined before being proposed for a particular location.

(b)

The process includes the review of the location, design, configuration, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

(Code 1990, § 17.68.010; Ord. No. 14-02, § 4, 3-19-2014)

A use permit is required to authorize proposed land uses and activities identified by Chapters 17.16 through 17.32 as being allowable in the applicable zoning district subject to the approval of a use permit and to authorize modifications to previously approved use permits.

(Code 1990, § 17.68.020; Ord. No. 14-02, § 4, 3-19-2014)

An application for a use permit, or modification of an existing use permit, shall be prepared, filed, and processed in compliance with Chapter 17.60 and shall include all information specified by the Department.

(Code 1990, § 17.68.030; Ord. No. 14-02, § 4, 3-19-2014)

Upon a determination that the use permit application is in proper form and deemed complete, the Commission shall hold at least one public hearing, in compliance with Chapter 17.120.

(Code 1990, § 17.68.040; Ord. No. 14-02, § 4, 3-19-2014)

Following a public hearing, the Commission may approve a use permit application, with or without conditions, only if all of the following findings can be made:

(1)

That the proposed use is consistent with all applicable sections of the general plan and this Title and is consistent with any applicable specific plan or master plan;

(2)

That 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 materially injurious to properties or improvements in the vicinity; and

(3)

The Commission shall make such other findings as deemed necessary to support approval or denial of the proposed use.

(Code 1990, § 17.68.050; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Review authority may impose conditions. In approving a use permit, the Commission may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.68.050.

(b)

Examples of appropriate conditions. Appropriate conditions may include, but not be limited to, buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, periodic review of the permit with authority to modify or add new conditions based on the results of the review, property maintenance, signs, specified duration for the permit, surfacing, traffic circulation, etc.

(Code 1990, § 17.68.060; Ord. No. 14-02, § 4, 3-19-2014)

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. The applicant shall sign an agreement indicating acceptance of the conditions of approval of the use permit, if any, and willingness to abide by all such conditions. A copy of this agreement shall be recorded in the office of the Clerk/Recorder of the County.

(Code 1990, § 17.68.070; Ord. No. 14-02, § 4, 3-19-2014)

Changes to a use permit may be approved in compliance with Section 17.60.090 or imposed pursuant to Chapter 17.124.

(Code 1990, § 17.68.080; Ord. No. 14-02, § 4, 3-19-2014)

Following the denial of a use permit application or the revocation of a use permit, no application for a new use permit for the same or substantially the same use or site shall be filed within one year from the date of denial or revocation of the use permit; provided, however, that the Commission may deny or revoke without prejudice, thereby allowing an earlier re-application.

(Code 1990, § 17.68.090; Ord. No. 14-02, § 4, 3-19-2014)

Any use permit issued for a commercial cannabis activity shall, in addition to complying with the requirements of this chapter, comply with all of the requirements and regulations for the intended commercial cannabis activities pursuant to Section 17.52.085.

(Code 1990, § 17.68.100; Ord. No. 18-02, § 5(exh. A, e.), 3-13-2018)

The purpose of this chapter is to allow for variances from the development standards of this chapter only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning district.

(Code 1990, § 17.72.010; Ord. No. 14-02, § 4, 3-19-2014)

The Commission may grant a variance from the requirements of this chapter. The power to grant variances does not extend to use regulations, density regulations, specific prohibitions, or procedural requirements.

(Code 1990, § 17.72.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Filing. An application for a variance shall be made to the Community and Economic Development Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.72.040.

(b)

Notice and public hearing. After a variance application is deemed complete, the Director shall prepare a report to be submitted to the Commission and made available to the applicant. The Commission shall conduct a public hearing on an application for a variance. Public hearings shall be conducted in compliance with Chapter 17.120. Notice of public hearings shall be given in compliance with State law.

(Code 1990, § 17.72.030; Ord. No. 14-02, § 4, 3-19-2014)

The Commission shall approve, conditionally approve, or deny a variance application. The Commission's decision shall be recorded in writing with the findings upon which the decision is based, in compliance with Government Code § 65906. The Commission may approve a variance application, with or without conditions, only after all of the following findings are made:

(1)

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning district;

(2)

The approval of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zone;

(3)

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;

(4)

Granting the variance would not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

(5)

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

(6)

The variance is the minimum departure from the requirements of this chapter necessary to grant relief to the applicant, consistent with Subsections (1) and (2) of this section; and

(7)

The approval of the variance is in compliance with the requirements of the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(Code 1990, § 17.72.040; Ord. No. 14-02, § 4, 3-19-2014)

In approving a variance, the Commission may impose conditions of approval to ensure that the project will comply with the findings required by Section 17.72.040.

(Code 1990, § 17.72.050; Ord. No. 14-02, § 4, 3-19-2014)

The procedures and requirements in Chapter 17.64, Chapter 17.100, and Chapter 17.124, shall apply following a decision on a variance.

(Code 1990, § 17.72.060; Ord. No. 14-02, § 4, 3-19-2014)

The purpose of this chapter is to allow for minor adjustments to certain development standards of this chapter when such requests constitute a reasonable use of property but is not permissible under the strict application of this chapter.

(Code 1990, § 17.76.010; Ord. No. 14-02, § 4, 3-19-2014)

The Director may grant an adjustment for only the development standards identified in Table 17.76.020. The Director may choose to refer any adjustment application to the Commission for review and decision. An adjustment may be granted only once for a specific type of request per parcel. A request which exceeds the limitation identified in Table 17.76.020 shall require the filing of an application for a variance (Chapter 17.72).

Table 17.76.020. Adjustments

(Code 1990, § 17.76.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, §§ 18, 26), 1-21-2015; Ord. No. 20-13, exh. A(e), 11-18-2020; Ord. No. 2021-04, § 4(exh. B), 4-21-2021)

An application for an adjustment shall be made to the Community and Economic Development Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.76.040.

(Code 1990, § 17.76.030; Ord. No. 14-02, § 4, 3-19-2014)

After an adjustment application is deemed complete, the Director shall approve, conditionally approve, or deny an adjustment application. The Director may approve an adjustment application, with or without conditions, only after the following findings are made:

(1)

The findings necessary to grant a variance (Section 17.72.040);

(2)

A significant public benefit will result (e.g., protection of trees or other significant features, enhanced circulation, or improved landscaping or snow storage);

(3)

Increased safety of occupants or the public would result;

(4)

For adjustments to setbacks or the distance between structures, a finding shall also be made that adequate snow storage and shedding areas are provided.

(Code 1990, § 17.76.040; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

The procedures and requirements in Chapter 17.64, Chapter 17.100, and Chapter 17.124, shall apply following a decision on an adjustment.

(Code 1990, § 17.76.050; Ord. No. 14-02, § 4, 3-19-2014)

The purpose of this chapter is to outline the process for reasonable accommodation requests consistent with Federal and State fair housing laws.

(Code 1990, § 17.80.010; Ord. No. 14-02, § 4, 3-19-2014)

The Director may grant a deviation from the development standards of this chapter to accomplish a reasonable accommodation of the needs of a disabled person.

(Code 1990, § 17.80.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Application filing. An application for a reasonable accommodation shall be made on a form provided for that purpose pursuant to Chapter 17.60. The applicant shall also provide information identifying the individual's disability under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual. No fee shall be required for a reasonable accommodation request.

(b)

Processing and review. After the application is deemed complete, the Director shall approve, conditionally approve, or deny the reasonable accommodation request based on the findings in Section 17.80.040.

(Code 1990, § 17.80.030; Ord. No. 14-02, § 4, 3-19-2014)

The Director may approve a reasonable accommodation request only after the following findings are made:

(1)

That the housing that is the subject of the request for reasonable accommodation is for a person or people with a disability;

(2)

That the reasonable accommodation is necessary to make specific housing available in compliance with Federal and State fair housing laws;

(3)

That the request will not impose an undue financial or administrative burden on the Town;

(4)

The request will not result in a fundamental alteration in this chapter or procedures of the Town; and

(5)

The reasonable accommodation is the minimum departure from the requirements of this chapter necessary, consistent with Subsections (1) and (2) of this section.

(Code 1990, § 17.80.040; Ord. No. 14-02, § 4, 3-19-2014)

The procedures and requirements in Chapter 17.64, Chapter 17.100, and Chapter 17.124, shall apply following a decision on a reasonable accommodation.

(Code 1990, § 17.80.050; Ord. No. 14-02, § 4, 3-19-2014)

This chapter establishes procedures for the review, and approval or denial of administrative permits, which are required by Chapters 17.16 through 17.32 for land use activities that may be desirable in the applicable zoning district and compatible with adjacent land uses, but whose effects on a site and its surroundings cannot be determined before being proposed for a particular location.

(Code 1990, § 17.84.010; Ord. No. 14-02, § 4, 3-19-2014)

An administrative permit is required to authorize proposed land uses and activities identified by Chapters 17.16 through 17.32 or any other section of this chapter which requires an administrative permit as being allowable in the applicable zoning district subject to the approval of an administrative permit and to authorize modifications to previously approved administrative permits.

(Code 1990, § 17.84.020; Ord. No. 14-02, § 4, 3-19-2014)

An application for an administrative permit shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.84.040.

(Code 1990, § 17.84.030; Ord. No. 14-02, § 4, 3-19-2014)

The Director may approve an administrative permit application, with or without conditions, only if all of the following findings can be made:

(1)

The proposed use is consistent with all applicable sections of the general plan and this chapter and is consistent with any applicable specific plan or master plan;

(2)

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; and

(3)

Any other findings the Director deems necessary to support approval or denial of the proposed use.

(Code 1990, § 17.84.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Review authority may impose conditions. In approving an administrative permit, the Director may impose specific development conditions relating to the construction (both on- and off-site improvements), establishment, maintenance, location, and operation of the proposed activity, as are found reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.84.040.

(b)

Examples of appropriate conditions. Appropriate conditions may include, but not be limited to, location of buildings and parking areas; the payment of drainage fees; requirement of special yards, open spaces, buffers, fences and walls; installation and maintenance of landscaping; requirement of street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescription of development schedules and development standards; and other similar conditions.

(Code 1990, § 17.84.050; Ord. No. 14-02, § 4, 3-19-2014)

This chapter is intended to implement the design review procedural requirements of the Town design guidelines. In addition to the objectives outlined in Chapter 17.04 and the Town design guidelines, the design review requirements outlined in this chapter are included to achieve the following purposes:

(1)

Implement the goals, policies and objectives of the general plan related to community design and character;

(2)

Promote excellence in site planning and design and the harmonious appearance of buildings and sites and ensure the man-made environment is designed to complement, not dominate, the natural environment;

(3)

Regulate the design, coloration, materials, illumination, and landscaping of new construction, and renovations within the Town in order to maintain and enhance the image, attractiveness, and environmental qualities of the Town as a mountain resort community;

(4)

Ensure that new landscaping provides a visually pleasing setting for structures on the site and within the public right-of-way and to prevent indiscriminate destruction of trees and natural vegetation, excessive or unsightly grading, indiscriminate clearing of property, and destruction of natural significant landforms;

(5)

Ensure that the architectural design of structures and their materials and colors are appropriate to the function of the project and the high-elevation climate of the Town and are visually harmonious with surrounding development and natural landforms, trees, and vegetation; and

(6)

Supplement other Town regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

(Code 1990, § 17.88.010; Ord. No. 14-02, § 4, 3-19-2014)

Design review is required for new construction, reconstruction, rehabilitation, alteration, or other projects involving improvements to the exterior of a structure, site, or parking area.

(1)

Exempt projects. The following are exempt from design review:

a.

Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval;

b.

New one- and two-unit residential structures and accessory dwelling units, except those in the rural residential zone, above 8,250 feet in elevation, and except where one developer or builder is constructing residential structures on five or more adjoining lots;

c.

Additions to residential structures with four units or less and accessory dwelling units (except those in the rural residential zone above 8,250 feet in elevation);

d.

Additions and alterations to existing buildings and structures (except those in the rural residential zone above 8,250 in elevation) that will not increase the gross floor area of the building by more than ten percent, will not involve exterior alterations along any street-facing facade, and will match the existing or historic design of the building;

e.

New construction of an emergency shelter or renovation of an existing building to create an emergency shelter;

f.

Additions of floor area within an existing building envelope;

g.

Routine maintenance not resulting in change in color or materials;

h.

Installation of landscaping under 2,500 square feet where no other project is planned;

i.

Signs are subject to the design review requirements of Chapter 17.48; and

j.

Alterations and improvements required in whole or part to meet Federal or State requirements to accommodate persons with disabilities.

(2)

Minor design review. Minor design review by the Director or designee is required for the following projects:

a.

New three- and four-unit residential structures;

b.

New single-family residential units in the rural residential zone above 8,250 feet in elevation that are not located within the snow deposition design zone;

c.

As required in applicable specific and master plans; and

d.

All other projects subject to design review that do not meet the criteria for major design review and which are not exempt.

(3)

Major design review. Major design review by the Commission is required for the following projects, unless subject to minor design review or exempt:

a.

All projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other projects that require Commission approval, unless subject to minor design review or exempt;

b.

New single-family residential units in the rural residential zone above 8,250 feet in elevation located within the snow deposition design zone;

c.

New residential structures with five or more units, including those where one developer or builder is constructing residential structures on five or more adjoining lots;

d.

All projects in the commercial zoning districts which are not exempt or subject to minor design review; and

e.

As required in applicable specific and master plans.

(Code 1990, § 17.88.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 2021-03, § 4(exh. B, § h.), 3-3-2021)

(a)

Applications. An application for design review shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.88.060.

(b)

Design guidelines. Design guidelines adopted by the Town Council provide recommendations to be used in the design review process. They are intended to promote high-quality and thoughtful site and building design; visually interesting, appropriate, well-crafted and maintained buildings and landscaping; the use of durable high-quality, and natural materials that reflect the Town's character and mountain setting; and attention to the design and execution of building details and amenities in both public and private projects.

(c)

Assignment of design review responsibilities.

(1)

Major design review. The Commission shall have design review authority for all projects requiring major design review.

(2)

Minor design review.

a.

The Director or designee shall have design review authority for all projects that require minor design review.

b.

The Director or designee may refer items directly to the Commission when, in their opinion, the public interest would be better served by having the Commission conduct design review.

(Code 1990, § 17.88.030; Ord. No. 14-02, § 4, 3-19-2014)

Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, lighting, landscaping, and other physical features of a proposed project, including:

(1)

Building proportions, massing, and architectural details;

(2)

Site design, orientation, location, and architectural design of buildings relative to existing structures, outdoor areas, walkways, trails, and streets on or adjacent to the property; topography; trees and vegetation, and other physical features of the natural and built environment;

(3)

Size, location, design, development, and arrangement of circulation, parking, pedestrianways, and other paved areas;

(4)

Exterior colors and materials as they relate to each other, to the overall appearance of the project, the mountain environment, and to surrounding development;

(5)

Height, materials, colors, and variety of fences, walls, and screen plantings;

(6)

Location and screening of mechanical equipment and refuse storage areas;

(7)

Location, design, and compliance of exterior lighting features;

(8)

Location and type of landscaping, including selection, size, and water-efficiency of plant materials, design of hardscape, and irrigation; and

(9)

Size, location, design, color, lighting, and materials of all signs.

(Code 1990, § 17.88.040; Ord. No. 14-02, § 4, 3-19-2014)

When conducting design review, the review authority shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the general plan and any applicable specific or master plan, the Town's design guidelines, and are consistent with any other policies or guidelines the Town Council may adopt for this purpose. To obtain design review approval, projects must satisfy these criteria to the extent they apply.

(1)

The site design and building design elements, including the architectural style, size, design quality, use of building materials, and similar elements, combine together in an attractive and visually cohesive manner that is compatible with and complements the desired architectural or aesthetic character of the area and a mountain resort community, encourages increased pedestrian activity, and promotes compatibility among neighboring land uses.

(2)

The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the character of commercial districts and nearby residential neighborhoods.

(3)

Parking areas are located, designed and developed to foster and implement the planned mobility system for the area; buffer surrounding land uses; minimize visibility; prevent conflicts between vehicles and pedestrians and cyclists; minimize stormwater runoff and the heat-island effect; and achieve a safe, efficient, and harmonious development.

(4)

Down-directed and shielded lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, minimize light pollution and trespass, and avoid creating glare.

(5)

Landscaping is designed to conserve water resources, promotes a natural aesthetic, and be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape.

(Code 1990, § 17.88.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

(a)

Findings. A design review application may only be approved if the review authority finds that the application is consistent with the purposes of this chapter and with the following:

(1)

The applicable standards and requirements of this chapter;

(2)

The general plan and any applicable specific plan or master plan;

(3)

The Town design guidelines and any applicable design guidelines adopted by the Town Council;

(4)

The applicable design criteria in Section 17.88.050; and

(5)

Any approved tentative map, use permit, variance, or other planning or zoning approval that the project required.

(b)

Conditions of approval. In granting design review approval, the review authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this chapter and ensure compliance with the applicable criteria and standards established by this chapter. The review authority may not impose conditions that require a reduction in the residential density or the floor area ratio (FAR) otherwise allowed by this chapter or a valid use permit or variance.

(c)

Decision. Design review decisions are subject to the appeal provisions of Chapter 17.100.

(Code 1990, § 17.88.060; Ord. No. 14-02, § 4, 3-19-2014)

This chapter describes the authority and responsibilities of Town staff and official bodies in the administration of this chapter, in addition to the Council.

(Code 1990, § 17.96.010; Ord. No. 14-02, § 4, 3-19-2014)

The functions of a planning agency shall be performed by the Town Council, Planning and Economic Development Commission, director, and Community and Economic Development Department in compliance with Government Code § 65100 and this Code.

(Code 1990, § 17.96.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Appointment and meetings. Appointments to the Commission and the scheduling and conduct of Commission meetings shall be in compliance with Chapter 2.32.

(b)

Duties and authority. The Commission shall:

(1)

Conduct public hearings and approve or deny applications for use permits, tentative maps, and variances; and make recommendations to the Council on development agreements, chapter and Zoning Map amendments, general plan amendments, specific plans, environmental documents, and other applicable policy or ordinance matters related to the Town's planning process; and

(2)

Perform any other responsibilities assigned by the Council.

(Code 1990, § 17.96.030; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Appointment. The Director shall be appointed by the Town Manager.

(b)

Duties and authority. The Director shall:

(1)

Head and manage the functions of the Community and Economic Development Department;

(2)

Have the responsibility and authority to approve or deny applications for chapter interpretations, lot line adjustments, sign permits, design review, administrative permits; and

(3)

Perform any other responsibilities assigned by the Town Manager or Council. The responsibilities of the Director may also be carried out by the Department staff under the supervision of the Director.

(Code 1990, § 17.96.040; Ord. No. 14-02, § 4, 3-19-2014)