This chapter provides procedures and requirements for the preparation, filing, and processing of permit applications required by this Zoning Code. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Concurrent Filing. Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees required by Section 20.50.050 (Application Fees).

B.    Concurrent Processing. Multiple applications for the same project shall be processed concurrently, and shall be reviewed and approved, modified, or denied by the highest review authority designated by this Zoning Code for any of the applications.

Notes:

(1)    “Recommend” means that the Commission makes a recommendation to the Council; “Determination” and “Decision” mean that the review authority makes the final determination or decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of a previous decision-making body, in compliance with Chapter 20.64 (Appeals).

(2)    The Council is the final review authority for all applications in the City.

(3)    The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action.

(4)    The Zoning Administrator shall be the initial review authority for density bonus units and parking reductions. The Planning Commission shall be the initial review authority for concessions, incentives and waivers. The City Council shall be the review authority for any financial incentive or fee waiver.

(Ord. 2023-22 § 926, 2023; Ord. 2022-18 § 1 (Exh. A), 2022; Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2015-8 § 1, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Preapplication Conference.

1.    Any applicant is strongly encouraged to request a preapplication conference with the Department before completing and filing a permit application.

2.    The purpose of this preapplication conference is to:

a.    Inform the applicant of City requirements as they apply to the proposed project;

b.    Review the City’s review process, possible project alternatives or revisions; and

c.    Identify information and materials the City will require with the application, and any necessary technical studies and information relating to the environmental review of the project.

3.    Neither the preapplication review nor the provision of information and/or pertinent policies shall be construed as either a recommendation for approval or denial of the permit application by any City staff. Failure by City staff to identify any required studies or any applicable requirements shall not constitute a waiver of those studies or requirements.

B.    Application Contents. Each permit application required by this Zoning Code shall be filed with the Department on the appropriate City application form, together with all required fees and/or deposits and all other information and materials specified by the Director for the specific type of application.

C.    Eligibility for Filing. An application may only be filed by the owner of the subject property or authorized agent of the owner with the written consent of the property owner. The application shall be signed by the owner of record or by an authorized agent, if written authorization from the owner of record is filed concurrently with the application.

D.    Rejection of Application. If the Director determines that an application cannot lawfully be approved by the City, the Director shall not accept the application for processing. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Fee Schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Zoning Code, hereafter referred to as the City’s fee schedule adopted by resolution.

B.    Timing of Payment. Applications shall not be deemed complete, and processing shall not commence on any application, until all required fees or deposits have been paid. Failure to timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for suspension of processing or issuance of any permit.

C.    Refunds and Withdrawals. Application fees cover City costs for public hearings, mailings, staff time and the other activities involved in processing applications. No refund for an application that is denied shall be allowed. In the case of a withdrawal by the applicant, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to date and the status of the application at the time of withdrawal. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Review for Completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete. The determination of completeness shall be based on the City’s applicable list of required application contents and any additional written instructions provided to the applicant in any preapplication conference, and/or during the initial application review period.

1.    Notification of Applicant or Authorized Agent. Within thirty (30) calendar days of application filing, the applicant or authorized agent shall be informed in writing, either that the application is complete and has been accepted for processing or that the application is incomplete and that additional specified information shall be provided before the application is deemed complete.

2.    Appeal of Determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that any additional information requested by the Director is not required, the applicant may appeal the determination to the appropriate review authority in compliance with Chapter 20.64 (Appeals).

3.    Additional Information.

a.    When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.

b.    The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.

c.    The additional specified information shall be submitted in writing.

d.    The Director’s review of any information resubmitted by the applicant shall be accomplished in compliance with this subsection (A) along with another thirty (30) day period of review for completeness.

4.    Expiration of Application.

a.    If an applicant fails to provide any additional information requested by the Director within sixty (60) days following the date the application was deemed incomplete, the application shall be deemed withdrawn without any further action by the City.

b.    After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

5.    Submittal of Additional Information.

a.    During the course of the review process, the review authority may require the applicant to submit additional information or revised plans.

b.    The Director shall notify the applicant in writing of any revisions or additional information required and the applicant shall submit the requested information to the Department within thirty (30) days after the date of the notice or within the period of time designated by the review authority.

c.    Failure to submit the required information within the thirty (30) day period or within the period of time designated by the review authority may be cause for denial.

6.    Additional Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City’s CEQA guidelines, and Section 20.50.080 (Environmental review).

B.    Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Code or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project for their review and comment. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Director Evaluation. The Director shall review all applications to determine whether they comply and are consistent with the provisions of this Zoning Code, the General Plan, and other applicable provisions identified in Section 20.10.040 (Applicability of Zoning Code).

B.    Staff Report. The Department shall provide a written recommendation for discretionary applications to the applicable review authority recommending that the application be approved, conditionally approved, or denied.

C.    Staff Report to Include Findings. Whenever this Zoning Code requires a set of findings to be made before granting approval of an application by the applicable review authority, it shall be the responsibility of the Department to present all relevant facts to support the findings.

D.    Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before the review authority’s action on the application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    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:

1.    The project is not a project as defined by CEQA;

2.    The project is exempt from the requirements of CEQA;

3.    A negative declaration may be issued;

4.    A mitigated negative declaration may be issued; or

5.    An Environmental Impact Report (EIR) shall be required.

B.    Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents shall be in compliance with CEQA and applicable Council policies. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Permit Review Procedures. This chapter provides procedures for the review and approval or denial of permit(s) and other applications established by this Zoning Code.

B.    Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Title 19 (Subdivisions).

C.    Application Filing and Initial Processing. Where applicable, the procedures of this chapter are carried out after those described in Chapter 20.50 (Permit Application Filing and Processing) for each application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with California Government Code Section 65915 et seq., and Chapter 20.32.

B.    Applicability. An affordable housing implementation plan shall be required for any application which proposes a density bonus, concession, incentive, or waiver of development standard pursuant to Chapter 20.32.

C.    Application Contents.

1.    A legal description of the project site where the target dwelling units will be located including a statement of present ownership and present and proposed zoning.

2.    A letter signed by the present owner stating what specific density bonus, incentives or concessions, waivers or modifications in development standards are being requested from the City and if reduced parking pursuant to Section 20.32.060 is being requested.

3.    A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

4.    Site plans, floor plans, and building elevations, which shall designate the total number of units proposed on the site, including the number and location of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements.

5.    If the project site contains existing dwelling units, a description of the existing dwelling units. This shall include the number of units, whether owner-occupied or rentals, the number of bedrooms in each of the units, and evidence to household income of occupants for the previous five years.

6.    In the case of a request for any incentive or concession, evidence that the request will result in identifiable and actual cost reductions.

7.    In the case of a request for a waiver or reduction of development standards, evidence that the development standard being waived or reduced will have the effect of physically precluding the construction of the development at the densities proposed.

D.    Application Filing, Processing, and Review. An application for an affordable housing implementation plan shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified in subsection (C) of this section, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

E.    Project Review and Notice and Hearing Requirements. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

F.    Findings. The review authority shall approve an affordable housing implementation plan, unless at least one finding for denial is made pursuant to Section 20.32.070(A), 20.32.080(A), or 20.32.090(A).

G.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration), shall apply following the decision on a affordable housing implementation plan application. (Ord. 2023-22 § 927, 2023; Ord. 2022-18 § 1 (Exh. A), 2022)

A.    Purpose. A conditional use permit or minor use permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B.    Applicability. A conditional use permit or a minor use permit is required to allow certain uses in residential and nonresidential zoning districts identified by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). Also see Section 20.52.030 for conditional use permits in residential zoning districts.

C.    Review Authority and Related Procedures.

1.    Conditional Use Permits. Conditional use permits shall be approved, conditionally approved, or denied by the Commission or by the Hearing Officer as provided in Table 5-1.

2.    Minor Use Permits. Minor use permits shall be approved, conditionally approved, or denied by the Zoning Administrator. The Zoning Administrator may elect to refer any minor use permit application to the Commission for consideration and final action.

D.    Application Filing, Processing, and Review. An application for a conditional use permit or minor use permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

E.    Project Review and Notice and Hearing Requirements. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code.

1.    Conditional Use Permits. The Commission or Hearing Officer shall conduct a public hearing on an application for a conditional use permit before a decision on the application.

2.    Minor Use Permits. The Zoning Administrator shall conduct a public hearing on an application for a minor use permit before a decision on the application.

3.    Notice and Hearing Requirements. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings).

F.    Findings and Decision. The review authority may approve or conditionally approve a conditional use permit or minor use permit only after first finding all of the following:

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

2.    The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code;

3.    The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity;

4.    The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and

5.    Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

G.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a conditional use permit or minor use permit application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of this section is as follows:

1.    To promote the public health, safety, and welfare and to implement the goals and policies of the General Plan by ensuring that conditional uses in residential neighborhoods do not change the character of the neighborhoods as primarily residential communities.

2.    To protect and implement the recovery and residential integration of the disabled, including those receiving treatment and counseling in connection with dependency recovery. In doing so, the City seeks to avoid the over-concentration of residential care facilities so that these facilities are reasonably dispersed throughout the community and are not congregated or over-concentrated in any particular area so as to institutionalize that area.

B.    Applicability. A conditional use permit is required to authorize uses identified by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being allowable in the applicable residential zoning district or in an area where residential uses are provided for in Planned Community Districts or specific plan districts subject to the approval of a conditional use permit.

C.    Conditional Use Permits to Continue a Nonconforming Use.

1.    Any person whose use of property in a residential zoning district has been rendered nonconforming may seek the issuance of a conditional use permit, in compliance with this section, to continue the use so long as the application for that permit is completed and filed within ninety (90) days following May 21, 2008.

2.    If any person fails to file an application for a conditional use permit within the ninety (90) day period, the permit to continue the use may not be sought or issued.

D.    Application Contents. In addition to the application requirements contained in Chapter 20.50 (Permit Application Filing and Processing), an application for a conditional use permit for a site located in a residential zone, or in an area where residential uses are provided for in Planned Community Districts, or specific plan districts, shall contain all of the following information as applicable:

1.    Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased and is someone other than the applicant; and the name and address of the owner of the property for which a conditional use permit is requested. If the applicant and/or lessee or owner is an association, corporation, firm, or partnership, then the applicant/lessee shall provide the additional names and addresses as follows and the persons shall also sign the application:

a.    Every general partner of the partnership;

b.    Every owner with a controlling interest in the corporation; or

c.    The person designated by the officers of a corporation as identified in a resolution of the corporation that is to be designated as the permit holder for the conditional use permit.

2.    Characteristics of Proposed Use. Type of use, hours of operation, types of services provided on site, types of activities held on site, and typical attendance at activities held on site.

3.    Anticipated Users. Number and types of users anticipated for the proposed use (including clients, staff, guests, visitors, etc., as appropriate).

4.    List of Similar Uses Operated by Applicant in the State of California. A list of addresses of all operations within the State of California similar to that for which a conditional use permit or minor use permit is requested that have been owned or operated by the applicant(s) within the past five years including a statement from the applicant as to whether any of the uses have been found to be operated in violation of Federal, State, or local law by Federal, State or local authorities.

5.    List of Similar Uses within City. A list of other uses of the same type located in the City and the authorized capacity of the use. The applicant shall provide evidence of the need for the proposed use by the residents of the City. The City may complete an independent review of this data, at the applicant’s expense, to determine whether need for the use is supported by the evidence.

6.    License and Permit History. The license and permit history of the applicant(s), if any, including whether the applicant(s), in previously operating a similar use in this or another City, county, or state under license and/or permit has had the license and/or permit revoked or suspended, and the reason(s) for the revocation or suspension.

7.    Location Map. A location map showing all conditional uses located within three blocks of the subject site, including property addresses and a site plan showing uses and structures on adjacent parcels.

8.    Operations and Management Plan. An operations and management plan to ensure compliance with State and local law. If the conditional use permit is for a residential facility or a commercial use that accommodates overnight stays, the operations and management plan shall also indicate the number of persons in each bedroom, maximum number of occupants, typical length of stay, any guest or client rules of conduct, and procedures for the disposal, if any, of medical waste.

9.    Transportation and Parking. Number and location of on-site parking spaces; expected parking demand and vehicular use; availability of public transportation or other means to transport clients, staff, guests, and/or visitors to and from the use; and routes utilized to transport clients, staff, guests, and/or visitors to and from the use.

E.    Project Review and Notice and Hearing Requirements. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code.

1.    Public Hearing Required. A public hearing shall be conducted prior to any decision on an application for a conditional use permit.

2.    Notice and Hearing Requirements. Notice of the public hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings).

F.    Approval, Modification, or Revocation of Conditional Use Permit.

1.    The review authority identified in Table 5-1 (Section 20.50.020) is designated to approve, conditionally approve, or deny applications for conditional use permits in residential zoning districts and the modification or revocation thereof, in compliance with the procedures provided in this section.

2.    Decisions of the review authority may be appealed or called for review in compliance with Chapter 20.64.

G.    Development and Operational Standards. The following standards are applicable to uses granted a conditional use permit in compliance with this section.

1.    Management and Operation Plan. The use shall be operated in compliance with applicable State and local law and in compliance with the management and operating plan and rules of conduct submitted as part of the application for a conditional use permit or as identified in the conditions of approval for a conditional use permit. Each plan shall provide a phone number by which the operator may be contacted at all times. If applicable, the permittee shall comply with the Business License provisions of Municipal Code Title 5.

2.    Operational Standards. These standards are in addition to any other standards provided for specific uses in this Zoning Code. In order to ensure that conditional uses in residential zoning districts are operating in a manner that is consistent with Federal, State, and local law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar uses in violation of Federal, State, or local law, all of the standards listed below shall apply:

a.    If the facility is not licensed by the State, managers, operators, owners, clients, visitors, and residents shall not provide any services on site that would require licensure of the facility in compliance with State law.

b.    For uses that allow overnight stays, there shall be no more than two residents, guests, or clients in each bedroom plus one additional resident, guest, or client. The review authority, at his/her discretion, may approve additional occupancy upon request by the applicant and based upon evidence that additional occupancy is warranted and appropriate. In determining whether to allow a different occupancy limit, the review authority shall consider the characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public comfort, health, peace, safety, or welfare of persons residing in the facility or adjacent to the facility will be impacted.

c.    The names of all persons and entities with an ownership or leasehold interest in the use, or who will participate in operation of the use, shall be disclosed in writing to the City, and these persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City of Newport Beach in violation of Federal, State, or local law.

d.    The operator of the proposed use shall provide a list of the names and addresses of all similar uses located in the State of California owned or operated by the operator within the past five years and shall certify under penalty of perjury that none of these uses has been found by State or local authorities to be operating in violation of Federal, State, or local law. The Director shall verify this information.

3.    Smoking. Clients, guests, visitors, staff, or any other users of the use shall not smoke in an area from which the secondhand smoke may be detected on any parcel other than the parcel upon which the use is located.

H.    Findings and Decision. In addition to the findings required by Section 20.52.020(F) (Findings and Decision), prior to approving or conditionally approving an application for a conditional use permit in a residential zone or in an area where residential uses are provided for in Planned Community Districts or specific plan districts the review authority shall find:

1.    The use conforms to all applicable provisions of subsection (G) of this section (Development and Operational Standards);

2.    The project complies with the requirements for off-street parking as provided in Chapter 20.40 (Off-Street Parking) and traffic and transportation impacts have been mitigated to a level of insignificance;

3.    The property and existing structures are physically suited to accommodate the use;

4.    The use will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood (e.g., creating an over-concentration of residential care or bed and breakfast uses in the vicinity of the proposed use). In making this finding or sustaining the finding, the Hearing Officer and/or Council shall consider, as appropriate, all of the following factors:

a.    The proximity of the use location to parks, schools, other conditionally permitted uses of the same or similar type, outlets for alcoholic beverages, and any other uses that could be affected by or affect the operation of the subject use;

b.    The existence of substandard physical characteristics of the area in which the use is located (e.g., limited available parking, lot widths, narrow streets, setbacks, short blocks), and other substandard characteristics that are pervasive in certain areas of the City of Newport Beach, including portions of Balboa Island, Balboa Peninsula, Corona Del Mar, Lido Isle, Newport Heights, and West Newport, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Commission on September 20, 2007, and on file with the Director; and

c.    In the case of residential care uses, whether, in light of the factors applied in subsections (H)(4)(a) and (b) of this section, it would be appropriate to apply the American Planning Association standard of allowing only one or two residential care uses in each block.

i.    Median block lengths in different areas of Newport Beach widely range from three hundred (300) feet in the nonstandard subdivision areas to as much as one thousand four hundred twenty-two (1,422) feet in standard subdivision areas.

ii.    The average calculable block length in much of the standard subdivision areas is seven hundred eleven (711) feet and the calculable median block length is six hundred seventeen (617) feet.

iii.    The review authority shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths.

iv.    In making this determination, the review authority shall be guided by average or median block lengths in standard subdivisions of the City.

v.    The review authority shall retain the discretion to apply any degree of separation of uses that the Hearing Officer deems appropriate in any given case.

vi.    A copy of the American Planning Association standard is on file with the Director.

5.    The operation of buses, vans, and other vehicles used to transport residents, clients, visitors, guests, and/or staff to and from off-site activities or parking areas does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area;

6.    Arrangements for delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties; and

7.    Arrangements for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.

I.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a conditional use permit application. (Ord. 2015-8 § 2, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of this section is to consider applicant requests for uses of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses when conducted in compliance with this section.

B.    Applicability.

1.    Limited Duration Uses. A limited term permit allows limited duration uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature.

2.    Limited Term Permit Required. Limited duration uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid limited term permit in compliance with this section.

C.    Exempt Limited Duration Uses. The following limited duration uses are exempt from the requirement for a limited term permit. Uses that do not fall within the categories defined below shall comply with subsection (D) of this section (Allowed Limited Duration Uses).

1.    Construction Yards—On Site.

a.    On-site contractors’ construction yard(s), including temporary storage and office trailers, in conjunction with an approved construction project on the same lot.

b.    One adult caretaker may be present during nonconstruction hours for security purposes.

c.    The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit.

2.    Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council or authorized by Title 5.

3.    Personal Property (e.g., Garage and/or Yard) Sales on Private Property. Personal property sales conducted on private property when conducted in compliance with Section 20.48.150 (Personal property sales in residential districts).

4.    Special Events. Special events, as that term may be defined in Section 11.03.020 (General provisions), but only upon the issuance of a special event permit.

D.    Allowed Limited Duration Uses. The following limited duration uses are allowed, subject to the issuance of a limited term permit, and only when conducted in compliance with subsection (H) of this section (Conditions of Approval).

1.    Contractors’ Construction Yards—Off Site. Off-site contractors’ construction yard(s), in conjunction with an approved construction project. The permit may be effective for up to twelve (12) months, or the expiration of the building permit.

2.    Off-Site Parking for Marine Activities. Off-site parking for uses requiring a marine activities permit in compliance with Chapter 17.10 for the duration of the permit or for not more than twelve (12) months, whichever is less.

3.    Seasonal Sales. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th for Christmas tree sales.

4.    Limited Duration Sales and/or Work Trailers. A trailer or mobile home may be used for limited duration sales activities (e.g., model home sales, etc.) or as a limited duration work site for employees of a business.

a.    A trailer or mobile home may be used:

i.    During construction or remodeling of a permanent commercial, industrial, and mixed-use structure, when a valid building permit is in force; or

ii.    Upon demonstration by the applicant that the limited duration work site is a necessity, while a permanent work site is being obtained.

b.    A permit for limited duration trailer(s) may be granted for up to twelve (12) months and may be extended for a longer period in conjunction with a valid building permit.

5.    Limited Duration Structures. A limited duration classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use zoning districts.

6.    Limited Duration Use of a Vacant Lot. The limited duration use of a vacant lot with nonpermanent structural improvements, for a use typically allowed subject to the approval of a conditional use permit or minor use permit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use zoning districts.

7.    Other Similar Limited Duration Uses. Similar limited duration uses that, in the opinion of the Director, are compatible with the subject zoning district and surrounding uses.

8.    Telecommunications Facilities. A temporary telecommunications facility may be approved consistent with Chapter 20.49 for up to twelve (12) months. Extensions of time shall be consistent with Section 20.52.040(J).

E.    Application Filing, Processing, and Review.

1.    Filing. An application for a limited term permit shall be filed with the Department in the following manner:

a.    Application Required. Applications for a limited term permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).

b.    Application Before Operation. A complete application shall be filed with the Department at least thirty (30) days before the date that the proposed limited duration use is scheduled to take place.

c.    No Similar Activities for Thirty (30) Days. The same or very similar limited duration use shall not be allowed to operate on the same lot for at least thirty (30) days following termination of the previous use.

d.    Not within One Hundred Eighty (180) Days. Applications shall not be filed or accepted if final action has been taken within the previous one hundred eighty (180) days by the Zoning Administrator to deny an application for the same or substantially the same permit.

2.    Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

3.    Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (G) of this section (Findings and Decision).

4.    Project Review Procedures. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this section.

5.    Public Hearing Requirements.

a.    Up to Ninety (90) Days.

i.    A public hearing shall not be required for a limited term permit application for a limited duration use that is proposed to operate for up to ninety (90) days.

ii.    However, the Director may, based on the specifics of the case, determine that a public hearing be required before a decision on an application. If required, the notice shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

b.    Ninety (90) Days or More.

i.    A public hearing shall be required for a limited term permit application for a limited duration use that is proposed to operate for ninety (90) days or more.

ii.    Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

F.    Review Authority.

1.    Limited term permits may be approved, conditionally approved, or denied by the Zoning Administrator, in compliance with this section.

2.    The Zoning Administrator may instead refer the application for a limited term permit to the Commission for consideration and final action when, in the Zoning Administrator’s judgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request.

3.    If referred to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

G.    Findings and Decision. The Zoning Administrator (or the Commission on a referral or appeal) may approve or conditionally approve a limited term permit application, only after first finding all of the following:

1.    The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use;

2.    The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot;

3.    The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate;

4.    Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator; and

5.    The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations.

H.    Conditions of Approval. In approving a limited term permit application, the review authority may impose conditions that are deemed necessary to ensure that the permit would be in full compliance with the findings required by subsection (G) of this section (Findings and Decision). These conditions may address any pertinent factors affecting the operation of the limited duration use, and may include the following:

1.    Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed thirty (30) days for a limited duration use not occupying a structure, including promotional activities, or twelve (12) months for all other limited duration uses or structures, or for a shorter period of time as requested by the applicant and determined appropriate by the Zoning Administrator;

2.    Operating Hours and Days. Regulation of operating hours and days;

3.    Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

4.    Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration;

5.    Regulation of Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

6.    Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

7.    Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

8.    Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate;

9.    Signs. Regulation of signs in compliance with Chapter 20.42 (Sign Standards);

10.    Performance Bond or Other Security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the cessation of the use and that the property would be restored to its former condition, or better, as determined by the Director, to ensure that any changes to the site would not limit the range of possible future uses otherwise allowed by this Zoning Code;

11.    Compliance With Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all required permits from any other department or governing agency; and

12.    Other Conditions. Other conditions that would ensure the operation of the limited duration use in an orderly and efficient manner, and in full compliance with the purpose of this section.

I.    Condition of Site Following Limited Duration Use. Each site occupied by a limited duration use shall be cleaned of debris, litter, or any other evidence of the limited duration use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code.

J.    Extension of Limited Term Permit. The Zoning Administrator may extend the time limit for the limited term permit, upon request of the applicant and for good cause shown, up to a maximum time equal to the original approval, but not to exceed twelve (12) additional months, with a maximum of twenty-four (24) months total, in compliance with Section 20.54.060 (Time Limits and Extensions).

K.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a limited term permit application. (Ord. 2023-22 § 928, 2023; Ord. 2014-1 § 11, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of this section is to provide relief from specified development standards of this Zoning Code when so doing is consistent with the purposes of this Code and the General Plan, and does not negatively impact the community at large or in the neighborhood of the specified development.

B.    Review Authority and Allowable Modifications. The Zoning Administrator or Planning Commission, as appropriate, shall approve, conditionally approve, or deny applications for modification permits applicable only to the following, subject to the findings identified in subsection (E) of this section (Required Findings):

1.    Height modifications from exceptions identified in Part 3 of this title (Site Planning and Development Standards). The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified.

a.    Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 of this title (Site Planning and Development Standards);

b.    Flag poles in excess of the exception to the allowed height limits; and

c.    Heights of fences, hedges, or walls (except retaining walls).

2.    Setback Modifications. The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified.

a.    Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 20.30.110 (Setback Regulations and Exceptions). Exceptions include the following:

i.    Modifications shall not be allowed for encroachments into alley setbacks; and

ii.    Modifications shall not be allowed for encroachments into bluff setback areas.

b.    Structural appurtenances or projections that encroach into front, side, or rear setback areas.

3.    Other Modifications. Except as otherwise provided, the following modifications are not limited in the amount of deviation from the standard being modified:

a.    Distances between structures located on the same lot;

b.    Landscaping standards in compliance with Chapter 20.36 (Landscaping Standards);

c.    Maximum allowed roof area for roof-mounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards);

d.    Size or location of parking spaces, access to parking spaces, and landscaping within parking areas;

e.    Increase in allowed floor area of additions for uses that have nonconforming parking;

f.    Increase in allowed height, number, and area of signs;

g.    Increase in the allowed height of retaining walls; and

h.    Increase in allowed floor area of additions for nonconforming residential structures as identified in Section 20.38.040 (Nonconforming Structures).

C.    Application Filing and Fees. An application for a modification permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (E) of this section (Required Findings).

D.    Notice and Hearing Requirements. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

E.    Required Findings. The Zoning Administrator may approve or conditionally approve a modification permit if, on the basis of the application, materials, plans, and testimony (orally and/or in writing) submitted, the Zoning Administrator first finds all of the following:

1.    The requested modification will be compatible with existing development in the neighborhood;

2.    The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use;

3.    The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code;

4.    There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and

5.    The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code.

F.    Duties of the Zoning Administrator.

1.    Review.

a.    The Zoning Administrator shall review each application to ensure that the proposal is consistent with the purpose and intent of this Zoning Code, this section, all applicable regulations and policies, and sound planning practices.

b.    The Zoning Administrator shall refer each application to the Building Department and Public Works Department, and to other City departments as determined to be appropriate by the Zoning Administrator.

c.    Each department shall submit written recommendations to the Zoning Administrator in a timely manner.

2.    Rendering of Decision. After the conclusion of the hearing on an application for a modification permit, the Zoning Administrator shall render a written decision within fifteen (15) days, unless both the applicant and the Zoning Administrator consent to a later date.

3.    Referral to Commission.

a.    The Zoning Administrator may refer a modification permit application to the Commission for consideration and final action.

b.    The procedure for notice and hearings held by the Commission on referred applications shall be in compliance with the same provisions as identified in this section and as specified in Chapter 20.62 (Public Hearings).

G.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a modification permit application. (Ord. 2015-3 §§ 2, 3, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of this section is to provide a process for approving a planned development permit that is intended to:

1.    Ensure efficient use of land and a better living environment. Provide a method whereby land may be designed and developed as a unified site by taking advantage of efficient site planning techniques thereby resulting in a more efficient use of land, a better living environment, excellence of design, and related enhanced amenities than is otherwise possible through strict application of the development standards identified in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards);

2.    Ensure high standards of environmental quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City’s resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; and

3.    Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, additional and enhanced open space, improvements to an existing public facility (e.g., park or trail, etc.)) than typically required by this Zoning Code.

B.    Applicability.

1.    Allowed in All Zoning Districts. A planned development permit may be requested for any zoning district.

2.    Minimum Site Area. A planned development permit may only be requested for a site(s) with a minimum of one acre.

3.    Uses Only Allowed in Base Zoning District. A planned development permit may not authorize a use that is not allowed in the base zoning district.

4.    Adjustment of Standards.

a.    The permit may adjust, where necessary and justifiable, all applicable development standards identified in this Zoning Code, with the exception of an increase in the applicable density or intensity. Height adjustments shall be limited to those identified in Section 20.30.060 (Height Limits and Exceptions).

b.    Residential projects with increased density or intensity standards may only be approved in compliance with Chapter 20.32 (Density Bonus).

5.    Site Development Review Not Required. A site development review shall not be required with a planned development permit application.

C.    Application Filing, Processing, and Fees. An application for a planned development permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

D.    Review Authority. The Commission may approve, conditionally approve, or deny the planned development permit application, based upon the findings contained in subsection (F) of this section (Findings and Decision).

E.    Project Review, Notice, and Hearing.

1.    Application Consistent with the Purpose of Section. Each planned development permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this section.

2.    Public Notice and Hearing Provisions.

a.    Notice of hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

b.    A public hearing shall be required for the Commission’s action on a planned development permit application.

F.    Findings and Decision. The Commission may approve or conditionally approve a planned development permit application only after first finding all of the following:

1.    The proposed development would:

a.    Include only uses allowed within the base zoning district;

b.    Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan;

c.    Be substantially consistent with the purpose and intent of the base zoning district;

d.    Include sustainable improvement standards and protection of environmental resources; and

e.    Be compatible with other development within the zoning district and general neighborhood of the proposed project.

2.    The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations;

3.    The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;

4.    The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses;

5.    The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc.; and

6.    The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.

G.    Minor Changes by Director.

1.    Minor changes in the planned development permit that do not involve an increase in the number of dwelling units or intensity of other use or a change of use may be approved by the Director in compliance with Section 20.54.070 (Changes to an approved project).

2.    Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority.

H.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a planned development permit application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. In compliance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling.

B.    Review Authority. The Hearing Officer, as defined in Part 7 of this title (Definitions), is hereby designated to approve, conditionally approve, or deny applications for a reasonable accommodation.

C.    Application for Reasonable Accommodation.

1.    Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

2.    Application.

a.    An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on forms provided by the Department.

b.    A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City’s fee schedule adopted by resolution.

3.    Other Discretionary Permits.

a.    If the project or use for which the request for reasonable accommodation is made also requires or is related to other discretionary permits (e.g., conditional use permit, etc.) for the same project or use, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit.

b.    If the applicant does not file the request for reasonable accommodation concurrently with the application for other discretionary permits, then any request for reasonable accommodation shall not be heard until after the decision of the appropriate review authority for the other discretionary permits is final and effective.

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

a.    Documentation that the applicant is:

i.    An individual with a disability;

ii.    Applying on behalf of one or more individuals with a disability; or

iii.    A developer or provider of housing for one or more individuals with a disability.

b.    The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.

c.    Documentation that the specific exception or modification requested by the applicant is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

d.    Any other information that the Director reasonably concludes is necessary to determine whether the findings required by subsection (D)(2) of this section (Findings and Decision) can be made, so long as any request for information regarding the disability of the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individuals affected.

D.    Decision on Reasonable Accommodation.

1.    Hearing Officer Action.

a.    The Hearing Officer shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the associated modification or revocation in compliance with subsection (D)(2) of this section (Findings and Decision).

b.    The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit.

c.    On review the Council may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.

2.    Findings and Decision.

a.    The written decision to approve or deny a request for reasonable accommodation shall be consistent with all the applicable Federal and State laws and shall be based on consideration of the following findings, all of which are required for approval:

i.    The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Fair Housing Laws;

ii.    The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

iii.    The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in Fair Housing Laws and interpretive case law;

iv.    The requested accommodation will not result in a fundamental alteration in the nature of a City program, as “fundamental alteration” is defined in Fair Housing Laws and interpretive case law; and

v.    The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

b.    In making these findings, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

3.    Factors for Consideration—Necessity. The Hearing Officer may consider, but is not limited to, the following factors in determining whether the requested accommodation is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

a.    Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

b.    Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

c.    In the case of a residential care facility, whether the requested accommodation is necessary to make facility or facilities of a similar nature or operation economically viable in light of the relevant market and market participants; and

d.    In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide an individual(s) with a disability an equal opportunity to live in a residential setting.

4.    Factors of Consideration—Fundamental Alteration/Reasonableness. The Hearing Officer 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 a City program:

a.    Whether the requested accommodation would fundamentally alter the character of the neighborhood;

b.    Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

c.    Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan; and

d.    In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

5.    Coastal Zone Properties. For housing located in the coastal zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the findings provided in subsection (D)(2) of this section; with Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines for Coastal Planning and Permits established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments; and the Local Coastal Program.

6.    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.

7.    Effective Date.

a.    A reasonable accommodation shall not become effective until the decision to grant the accommodation shall have become final by reason of the expiration of time to make an appeal.

b.    In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on the appeal in compliance with Chapter 20.64 (Appeals).

E.    Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1.    Expiration.

a.    Any reasonable accommodation approved in compliance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

i.    A building permit has been issued and construction has commenced;

ii.    A certificate of occupancy has been issued;

iii.    The use is established; or

iv.    A time extension has been granted.

b.    In cases where a coastal development permit is required, the time period shall not begin until the effective date of approval of the coastal development permit.

2.    Time Extension. The Hearing Officer may approve a time extension for a reasonable accommodation for good cause for a period(s) not to exceed three years. An application for a time extension shall be made in writing to the Director no less than thirty (30) days or more than ninety (90) days before the expiration date.

3.    Notice. Notice of the Hearing Officer’s decision on a time extension shall be provided in compliance with Chapter 20.62 (Public Hearings). All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as identified in subsection (E)(4) of this section (Appeal of Determination).

4.    Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the Council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard in compliance with Chapter 20.64 (Appeals), as modified by subsection (D)(1) of this section (Hearing Officer Action).

5.    Violation of Terms. Any reasonable accommodation approved in compliance with the terms of this section may be revoked if any of the conditions or terms of the reasonable accommodation are violated, or if any law or ordinance is violated in connection with the reasonable accommodation.

6.    Discontinuance.

a.    A reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least one hundred eighty (180) consecutive days.

b.    If the person(s) initially occupying a residence vacates or conveys the property for which the reasonable accommodation was granted, the reasonable accommodation shall remain in effect only if the Director determines that the modification authorized by the review authority is physically integrated into the residential structure and cannot be easily removed or altered to comply with this Zoning Code.

7.    Revocation. Procedures for revocation shall be as identified in Chapter 20.68 (Enforcement).

F.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a reasonable accommodation application.

G.    Amendments. A request for changes in conditions of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 2015-8 § 3, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. The purpose of site development review is to provide a process for the review of specific development projects in order to:

1.    Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development;

2.    Respect the physical and environmental characteristics of the site;

3.    Ensure safe and convenient access and circulation for pedestrians and vehicles;

4.    Allow for and encourage individual identity for specific uses and structures;

5.    Encourage the maintenance of a distinct neighborhood and/or community identity;

6.    Minimize or eliminate negative or undesirable visual impacts;

7.    Ensure protection of significant views from public right(s)-of-way in compliance with Section 20.30.100 (Public View Protection); and

8.    Allow for different levels of review depending on the significance of the development project.

B.    Applicability.

1.    Site development review approval shall be required before the issuance of a building or grading permit for any new structure identified in Table 5-2, except for those projects listed in subsection (B)(2) of this section.

2.    The following types of projects and structures shall require the issuance of a zoning clearance in compliance with Section 20.52.100, rather than a site development review:

a.    Accessory structures;

b.    Fences and/or walls;

c.    The reconstruction or exterior remodeling of existing structures (including facade improvements);

d.    Residential Construction. One to four dwelling units, without a tentative or parcel map; and

e.    Nonresidential Construction. Up to a maximum of nine thousand nine hundred ninety-nine (9,999) square feet of gross floor area.

3.    A site development review shall not be required for a planned development permit application.

4.    The applicable review authority shall be as specified in Table 5-2 (Review Authority for Site Development Reviews).

Note:

(1)    “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 20.64 (Appeals).

(2)    The Zoning Administrator may defer action and refer the request to the Commission for the final decision.

C.    Application Filing, Processing, and Review.

1.    Application Filing.

a.    Filing. An application for a site development review shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).

b.    Contents. The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

c.    Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

2.    Application Review. Each application for a site development review shall be reviewed to ensure that the application is consistent with: the purpose of this section; applicable development standards of this Zoning Code; all of the criteria identified in subsection (C)(2)(c) of this section; and adopted criteria and policies applicable to the use or structure.

a.    A site development review is initiated when the Department receives a complete application package including the required information and materials specified by the Director and any additional information required by the applicable review authority in order to conduct a thorough review of the project.

b.    Upon receipt of a complete application the applicable review authority shall conduct a review of the location, design, site plan configuration, and effect of the proposed project on adjacent properties by comparing the project plans to established development standards and adopted criteria and policies applicable to the use or structure.

c.    The following criteria shall be considered during the review of a site development review application:

i.    Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure;

ii.    The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design;

iii.    The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas;

iv.    The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces;

v.    The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and

vi.    The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection).

D.    Review Authority.

1.    Other Discretionary Approval Required. If the project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), then the applicable review authority shall be the authority identified in Table 5-1 (Review Authority) for the other discretionary approval.

2.    Site Development Review Only. If the project only requires a site development review, then the applicable review authority shall be the authority identified in Table 5-2 (Review Authority for Site Development Reviews) for the site development review.

3.    Referral to the Commission. If the site development review application submitted is of significant consequence or magnitude or involves potential public controversy, the Zoning Administrator may defer action and refer the application to the Commission for review and decision.

E.    Public Notice and Hearing Provisions.

1.    Public Hearing Required. A public hearing shall be required before the decision on any site development review application.

2.    Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

F.    Findings and Decision. The review authority may approve or conditionally approve a site development review application, only after first finding that the proposed development is:

1.    Allowed within the subject zoning district;

2.    In compliance with all of the applicable criteria identified in subsection (C)(2)(c) of this section; and

3.    Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development.

G.    Minor Changes by Director.

1.    Minor changes to an approved site development review that do not involve an increase in structure area or height, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Section 20.54.070 (Changes to an approved project).

2.    Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority.

H.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a site development review application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. A variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B.    Applicability. A variance may be granted to waive or modify any requirement of this Zoning Code except: allowed uses; residential density; specific prohibitions (for example, prohibited signs); or procedural requirements.

C.    Review Authority. A variance application shall be reviewed and approved, conditionally approved, or denied by the Commission.

D.    Application Filing and Processing. An application for a variance shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

E.    Project Review, Notice, and Hearing Requirements.

1.    Each application shall be reviewed by the Director to ensure that the proposal complies with this section and all other applicable requirements of this Zoning Code.

2.    The review authority shall conduct a public hearing on an application for a variance before a decision. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

F.    Findings and Decision. The review authority may approve or conditionally approve a variance only after first making all of the following findings:

1.    There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;

2.    Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

3.    Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;

4.    Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district;

5.    Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and

6.    Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan.

G.    Precedents. Each application shall be reviewed on an individual case-by-case basis and the granting of a prior variance is not relevant or admissible evidence for the granting of a new variance.

H.    Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a variance application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code.

B.    Applicability. Where Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) or another provision of this Zoning Code requires a zoning clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be required at the time of the Department’s review of any of the following:

1.    Initiation of a Use. A zoning clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

2.    Change of Use. Whenever a use is proposed to be changed, whether or not the new use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.

3.    Building Permit, Grading Permit, or Other Construction Permit. A zoning clearance shall be obtained before the City issues a new or modified building permit, grading permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.

C.    Review and Approval.

1.    The Department shall issue the zoning clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure.

2.    An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

D.    Referral to Commission. The Department may defer action and refer the zoning clearance request to the Commission for consideration and final action.

E.    Appeal to Commission. The Department’s action on a zoning clearance request may be appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said zoning clearance is for the ministerial approval of an SB 9 housing development pursuant to Section 20.48.205 in which case the Director is the final review authority. (Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This chapter provides requirements for the implementation or “exercising” of permits listed in Table 5-1 and other approvals that are granted or issued in compliance with this Zoning Code, including time limits and procedures for granting extensions of time. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Required construction permits (e.g., building, grading, and other construction permits) may be issued following the effective date of the permit in compliance with Section 20.54.030.

A.    Compliance Required. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this part, except in compliance with the approved permit and associated conditions.

B.    Director’s Determination. Conformity shall be determined by the Director or, in the case of disagreement with the applicant, by the applicable review authority. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The approval of any discretionary permit shall become effective on the fifteenth day following the actual date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A permit application that is deemed approved by operation of law shall be subject to all applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a building or grading permit is issued or a use not requiring a building permit is established. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Deposit of Security.

1.    If the review authority finds that the issuance of a permit or other approval is reasonably likely to have a direct adverse impact on the health, safety, or welfare of the public if the condition(s) is not performed, the review authority may impose, as a condition of approval, a requirement that the applicant deposit security in an amount sufficient to ensure the faithful performance of the condition(s).

2.    The security shall be in the form of cash, a certified or cashier’s check, or a performance bond. If the applicant elects to fulfill the condition by providing a performance bond, the performance bond shall be issued by a surety currently authorized by the Insurance Commissioner to transact business in the State of California. The surety shall be of a financial size and have a financial rating acceptable to the City’s Risk Manager. The form of the performance bond shall be subject to approval by the City Attorney.

3.    The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

4.    Security required in compliance with this section shall be payable to the City.

B.    Release of Security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released.

C.    Failure to Comply.

1.    Upon failure to perform any secured condition in a timely manner, the City may execute the condition, or cause it to be done, and may collect from the applicant, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2.    The unused portion of the security, if any, shall be refunded to the applicant after deduction of the costs recoverable by the City.

D.    Appeal. The Director’s determinations under this section may be appealed to the Council by the applicant by filing an appeal with the City Clerk within fourteen (14) days after the decision in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Time Limits.

1.    Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within twenty-four (24) months from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

2.    The permit shall not be deemed “exercised” until at least one of the following has first occurred:

a.    A grading permit has been issued and grading has been substantially completed;

b.    A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official;

c.    A certificate of occupancy has been issued;

d.    The use is established; or

e.    A time extension has been granted in compliance with subsection (B) of this section.

3.    In cases where a coastal development permit is required, the twenty-four (24) month time limit shall not begin until the effective date of approval of the coastal development permit.

4.    If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within twenty-four (24) months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section.

5.    If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect.

6.    Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void.

B.    Extensions of Time. Upon written request by the applicant, the Director, or the Commission under a referral or appeal, may extend the time for an approved permit or approval to be exercised.

1.    Filing and Review of Request. The applicant shall file a written request for an extension of time with the Department no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City’s fee schedule adopted by resolution.

2.    Action on Extension Request. A permit or approval may be extended for no more than three additional twelve (12) month periods beyond the expiration of the original approval; provided, the Director, or the Commission under a referral or appeal, first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project.

C.    Effect of Expiration. After the expiration of a permit or approval in compliance with subsection (A) of this section (Time Limits), no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other City permits or approvals are first obtained. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Development or a new use authorized through a permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.

A.    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.

B.    Minor Changes Approved by the Director Without a Public Hearing.

1.    The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes:

a.    Are consistent with all applicable provisions of this Zoning Code;

b.    Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project;

c.    Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

d.    Do not result in an expansion or change in operational characteristics of the use.

2.    The Director may choose to refer any requested change to the original review authority for review and final action.

C.    Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B) of this section (Minor Changes Approved by the Director Without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and the applicable provisions of Chapter 20.52 (Permit Review Procedures). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Resubmittal after Denial with Prejudice. For a period of twelve (12) months following the actual date of denial with prejudice by the applicable review authority, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a discretionary permit or amendment, no application for the same or substantially similar permit or amendment shall be filed for the same site, or any portion thereof.

B.    Exception to Subsection (A) of this Section. The Director may allow exception to subsection (A) of this section based on one or more of the following findings:

1.    New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.

2.    There has been a substantial and permanent change of circumstances since the previous hearing(s), that materially affects the applicant’s real property.

3.    A mistake was made at the previous hearing(s) that was a material factor in the denial(s) of the previous application.

C.    Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.

D.    Director’s Determination—Appeal.

1.    The Director shall determine whether a new application is for a permit or amendment that is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this section.

2.    The Director’s determination may be appealed to the Commission, in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Applicability. When necessary to achieve the land use goals and policies of the General Plan, the City may require a property owner to record a covenant and/or other limitation(s) in favor of the City. A covenant:

1.    May be required to provide for necessary emergency access, landscaping, light and air access, open space, parking, public view protection, shoreline and bluff-top access, solar access, resource protection, etc., or limitation(s) or restriction(s) on the use of property as a result of a project approval; and

2.    Shall be imposed as a condition of approval by the review authority.

B.    Form of Covenant. The form of the covenant shall be approved by the City Attorney, and the covenant shall:

1.    Describe the real property to be benefited by the covenant;

2.    Identify the City permit or approval that relied on or required the covenant; and

3.    Identify the purposes of the covenant.

C.    Recordation. A covenant shall be recorded in the County Recorder’s Office.

D.    Effect of Covenant.

1.    From and after the time of its recordation, a covenant shall provide notice to all persons to the extent afforded by the recording laws of the State.

2.    The burdens of the covenant shall be binding on, and the covenant shall benefit all successors-in-interest to the real property.

E.    Enforceability. A covenant shall be enforceable by the successors-in-interest to the real property affected by the covenant, and the City. This section shall not create standing in any person, other than the City, and any owner of the real property affected by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

F.    Release of Covenant. A covenant may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any affected person, including the City.

1.    Process for Release. The release of a covenant shall require that the review authority first:

a.    Conduct a noticed public hearing in compliance with Chapter 20.62 (Public Hearings); and

b.    Find that the covenant on the site is no longer necessary to achieve the land use goals of the City.

2.    Recordation. A notice of the release of the covenant shall be recorded by the Director in the County Recorder’s Office.

3.    Fees. The applicant for a release of a covenant shall pay the fee for the processing of the release in compliance with the City’s fee schedule adopted by resolution. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The Planned Community (referred to in this chapter as the PC) District is intended to:

A.    Classification and Development of Land. Provide for the classification and development of land as coordinated, comprehensive projects in order to take advantage of the superior environment resulting from large-scale community planning.

B.    Diversification of Uses. Allow diversification of uses as they relate to each other in a physical and environmental arrangement while ensuring substantial compliance with the spirit, intent, and provisions of this Zoning Code.

C.    Development Plan and Text Materials. Include various types of uses, consistent with the General Plan through the adoption of a development plan and text materials that identify land use relationships and associated development standards. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Minimum Acreage.

1.    In order to meet the objectives identified in Section 20.56.010 (Purpose), an application for a PC District shall contain a minimum of twenty-five (25) acres of unimproved land area or ten (10) acres of improved land area.

2.    The Council may waive these minimum acreage requirements.

B.    Improved Land Area Defined. The term “improved land area” as used in this section shall mean parcels of land with permanent structures affixed to the land, the improvements occupying a land area amounting to at least ten (10) percent of the total acreage of the PC District at the time of application for a Zoning Map amendment, excluding areas of public works or improvements and public rights-of-way. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Existing Uses.

1.    Uses existing at the time of establishment of a PC District shall be either:

a.    Incorporated as part of the approved development plan;

b.    Allowed to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures); or

2.    Existing uses that are prohibited by any provisions of this Zoning Code shall be terminated before final approval of the development plan.

B.    New Uses.

1.    A use, other than a use existing at the time of establishment of a PC District, shall not be allowed in a PC District except in compliance with a valid PC development plan.

2.    An allowed use authorized by this Zoning Code and consistent with the General Plan may be included in an approved PC development plan.

3.    The Zoning Administrator may approve uses and structures in compliance with Section 20.52.040 (Limited Term Permits). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Property development regulations applicable to residential, commercial, industrial, and mixed-use districts shall also apply to corresponding portions of PC Districts, unless specifically waived or modified by an approved PC District development plan. Where conflict in provisions occurs, the regulations specified in this chapter or in the development plan(s) approved in compliance with this chapter shall apply. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

If initiated by a property owner(s), the PC District and associated development plan application shall comply with all of the following.

A.    Reclassification. An application for classification to a PC District, and/or the adoption of a development plan, shall be filed in compliance with Chapter 20.50 (Permit Application Filing and Processing) and Chapter 20.66 (Amendments). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

B.    Development Plan.

1.    Initiation of Development Plan. A PC District development plan may be initiated in the following manner:

a.    Council. By the Council, with or without a recommendation from the Commission;

b.    Commission. By the Commission; or

c.    Property Owner(s). By the filing of a development plan application with the Department by the owner(s) or authorized agent(s) of property for which the development plan is sought. If the property is held in more than one ownership, all owners or their authorized agents shall join in filing the application.

2.    Conditional Use Permit Serves as Development Plan. Where existing uses have been established by a conditional use permit before the adoption of a PC District and the uses are to be retained, the conditional use permit as approved or subsequently amended shall constitute the required development plan.

3.    Development Plan Required. No new or expanded uses shall occur without an approved PC District development plan.

C.    Development Plan Contents. Unless specifically waived by the Director, a PC District development plan application shall contain all of the following information, plans, and materials:

1.    Land use map clearly illustrating the distribution, location, and extent of uses proposed within the area covered by the development plan, including open space areas;

2.    Land use tables clearly illustrating the uses as allowed, conditionally allowed, or not allowed, including any special requirements applicable to specific uses;

3.    Development standards clearly indicating the proposed acreages, densities and intensities, gross floor area, lot coverage, off-street parking, structure heights, and a circulation plan, along with accompanying text identifying the property development regulations that constitute the standards of development designed to govern those sectors specified in the development plan. The standards shall contain definitions and information concerning requirements for landscaping, lighting, screening, setback line designations, signs, storage, and other information that the Director shall require to ensure substantial compliance with the intent of this chapter;

4.    Protection measures for landforms and public views;

5.    Sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation);

6.    Distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewage disposal, solid waste disposal, storm drainage, water, and other essential facilities proposed to be located within the development plan area and needed to support the proposed uses;

7.    Standards and criteria by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

8.    A program of implementation measures, programs, regulations, and public works projects necessary to carry out the proposed uses, infrastructure, and development and conservation standards and criteria;

9.    A map of the development plan area showing sufficient topographical data to indicate clearly the character of the terrain, the type, location, and condition of mature trees and other vegetation, and a conceptual grading plan for the subject property;

10.    A discussion of the relationship of the proposed development plan to the goals, policies, and actions of the General Plan; and

11.    Additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the development plan, applicable goals, policies, and actions of the General Plan, or any other issue(s) determined by the Director to be significant.

D.    Review of Development Plans.

1.    Director’s Review. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

2.    Notice and Hearing Requirements.

a.    Public hearings shall be required for the Commission’s recommendation and the Council’s action on a PC District development plan.

b.    The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review).

c.    Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).

3.    Environmental Review Required. The development plan shall be subject to environmental review as identified in Section 20.50.080 (Environmental Review).

4.    Staff Report. A written staff report shall be prepared for the development plan that shall include detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the development plan, as determined to be necessary to make it acceptable for adoption.

E.    Development Plan Amendments.

1.    Process for Amendment. A PC District development plan may be amended through the same procedure specified by this chapter for the adoption of a development plan.

2.    Frequency of Amendments. A development plan may be amended as often as deemed necessary by the Council. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Each PC District shall be shown on the Zoning Map with a “PC” designator, numbered, and identified sequentially by order of enactment. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    General Plan Implementation. After the Council has adopted the General Plan, or any amendment, the Department may or, as directed by the Council, shall prepare specific plans for the systematic implementation of the General Plan. A specific plan may not be adopted or amended unless first found consistent with the General Plan.

B.    Adopted by Ordinance. A specific plan adopted by ordinance shall replace the base zoning district(s) for the subject property, and the development standards and criteria identified in the specific plan shall take precedence over the general standards and criteria contained in this Zoning Code.

C.    Adopted by Resolution. A specific plan adopted by resolution shall be applied as criteria and the applicable standards contained in this Zoning Code shall take precedence over the development standards identified in the specific plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Specific Plan Required. When required by the General Plan or this Zoning Code to systematically implement the General Plan, a specific plan shall be prepared, processed, approved and implemented, or denied, in compliance with this chapter.

B.    Flexibility and Innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an effective and safe method of pedestrian and vehicular circulation.

C.    Commission and Council Review. An application for a specific plan shall be considered by the Commission and Council. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A specific plan may be initiated in the following manner:

A.    Council. By the Council, with or without a recommendation from the Commission;

B.    Commission. By the Commission; or

C.    Property Owner(s). By an application being filed by the owner(s) of one or more lots that would be the subject of the specific plan. If initiated by a property owner(s), the following shall first occur.

1.    A preapplication conference with the Director before the filing of a specific plan application, in compliance with Section 20.50.040(A) (Preapplication Conference).

2.    Public Meeting(s) Required.

a.    Before the preparation of the specific plan, at least one public/neighborhood meeting shall be held to identify potential community impacts and concerns relating to the proposed plan.

b.    Public notice of the meeting shall be in compliance with Chapter 20.62 (Public Hearings). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

If initiated by a property owner(s), the specific plan application shall comply with all of the following:

A.    Filing. An application for a specific plan, together with the required fee in compliance with the City’s fee schedule adopted by resolution, shall be filed with the Department in compliance with Chapter 20.50 (Permit Application Filing and Processing).

B.    Contents. The application shall include all of the information and materials specified by the Director and Section 20.58.060(B) (Required Information) for specific plan applications.

C.    Project Review Procedures. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

D.    Notice and Hearing Requirements.

1.    Public hearings shall be required for the Commission’s recommendation and the Council’s action on a specific plan or an amendment.

2.    The public hearings shall be scheduled once the Director finds the application complete in compliance with Section 20.50.060 (Initial Application Review).

3.    Noticing of the hearings shall be provided and the hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

If initiated by a property owner(s), the specific plan application shall comply with the following:

A.    Organization of Specific Plan. The applicant shall prepare a draft specific plan for review by the City that includes detailed information in the form of text and diagram(s).

B.    Required Information. Unless specifically waived by the Director, a draft specific plan application shall contain all of the following information, plans, and materials:

1.    The distribution, location, and extent of uses proposed within the area covered by the specific plan, including open space areas;

2.    The distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the specific plan area and needed to support the proposed uses;

3.    Standards and criteria by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4.    A program of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed uses, infrastructure, and development and conservation standards and criteria;

5.    A discussion of the relationship of the specific plan to the goals, policies, and actions of the General Plan or the certified Coastal Land Use Plan for sites located within the City’s coastal zone; and

6.    Additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable goals, policies, and actions of the General Plan or the certified Coastal Land Use Plan for sites located within the City’s coastal zone, or any other issue(s) determined by the Director to be significant. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

If initiated by a property owner(s), the draft specific plan shall be processed in the same manner as required for General Plans by State law, and as follows:

A.    Director’s Evaluation.

1.    After the filing of a draft specific plan, the Director shall review the draft plan to determine whether it is in compliance with the provisions of this chapter.

2.    If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

B.    Environmental Review Required. The draft specific plan shall be subject to environmental review as identified in Section 20.50.080 (Environmental Review).

C.    Staff Report. A written staff report shall be prepared for the draft specific plan that includes detailed recommendations and, if appropriate, suggested changes to the text and/or diagrams of the specific plan, as determined to be necessary to make it acceptable for adoption. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Mandatory Finding for Adoption. A specific plan may only be adopted if found consistent with the General Plan.

B.    Method of Adoption. A specific plan shall be adopted by ordinance or by resolution of the Council. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Process for Amendment. A specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

B.    Frequency of Amendments. The specific plan may be amended as often as deemed necessary by the Council. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)