This division establishes the procedures for conducting a non-discretionary ministerial site plan review for certain development applications, as identified in this chapter. This process requires the Director to verify that certain new or expanded uses, activities, structures, or development of land complies with all applicable ordinances of the city.

(Ord. No. 3003)

   The Community Development Director (“Director”) is the review authority for an application that requires site plan review. The Director may approve or deny the application. The Director may refer an application to another review authority for a decision on the non-discretionary site plan review.

(Ord. No. 3003)

   (A)   Whenever this chapter provides that a particular use or development may be permitted by site plan review, a site plan review permit shall be issued by the Community Development Department. A site plan review permit may also be used for developments where the state has mandated that the city's approval must be ministerial.

   (B)   An application for a site plan review permit may be filed by:

      (1)   The owner(s) of the subject property,

      (2)   An authorized agent representing the property owner(s), or

      (3)   The city.

   (C)   Each application for a site plan review permit or modification to a site plan review permit must be filed with the Director on a city application form, together with reguired fees and/or deposits, and all other information and materials as identified in the city's submittal checklist. The city may ask an applicant to clarify, or provide additional materials to address questions or concerns during the review process.

   (D)   The application shall be reviewed by the Development Advisory Committee for consistency with applicable regulations and standards. The intent of this review is to provide interdepartmental perspective and coordination prior to project approval with the goal of streamlining the building permit process. This review is non-discretionary, though the Committee may provide conditions of approval to ensure compliance with applicable regulations and standards.

   (E)   The applicant shall be informed in writing within 30 calendar days of application submittal or as required by the Government Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

   (F)   If the applicant does not complete their application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless a written request for extension is filed by the applicant and granted for good cause by the Director for a period not to exceed an additional 90 days. If an extension is not granted, or if the extension expires, the application shall be considered withdrawn. A courtesy letter from the city should be sent to the applicant documenting the withdrawal. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property.

   (G)   All site plan review permits shall be subject to review to ensure compliance with all applicable objective standards. The review shall be conducted by the Director.

   (H)   No public notifications or public meetings or hearings shall be required for ministerial site plan review permits.

   (I)   Where a site plan review permit is processed concurrently with a required discretionary permit, the review authority with jurisdiction over the discretionary permit shall also have review authority over the site plan review permit. However, the review of the site plan review permit shall remain ministerial pursuant to the provisions of this section.

(Ord. No. 3003)

   The Director must determine whether the proposed use, activity, building, alteration, or addition, is permitted and conforms to all the applicable regulations and standards of this chapter, other applicable regulations and standards. A site plan review permit shall only be issued after the Director makes the required findings in Section 16-523.4. and other applicable findings required under this chapter.

(Ord. No. 3003)

   The Review Authority must make the following findings:

   (A)   The project is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards.

   (B)   There are adequate infrastructure and public services available to serve the proposed development, including sewerage, water, fire and police protection, storm drainage facilities, and legal access to the lot.

   (C)   The proposed development is on a legally created lot.

(Ord. No. 3003)

   After taking action on an application, the Director shall notify the applicant of the decision. The decision may be in the form of a letter or in the form of a stamp, signature, or other official notation or documentation on the site plan. The site plan review permit will be identified by the Community Development Department on the city's development project list.

(Ord. No. 3003)

   The decision is effective upon issuance of notice of action.

(Ord. No. 3003)

   (A)   A site plan review shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

   (B)   Notwithstanding Subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in Subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

      (1)   The granting of the extension must be based upon a finding of good cause.

      (2)   All original findings for approval can still be made.

(Ord. No. 3003)

   Fees for filing an application for a site plan review permit shall be the same as the fees for a development design review permit and Development Advisory Committee fees set by resolution of the City Council.

(Ord. No. 3003)

   The Director’s decision to approve a site plan review is final and is not subject to appeal, except as follows: an application for a site plan review permit shall only be appealable if the matter is denied with written findings justifying the denial. The denial may be appealed to the Hearing Officer within ten days of the date of the issuance of the written decision. An appeal shall be granted if the Director's decision does not include written findings or if the written findings do not justify the denial consistent with state or local law.

(Ord. No. 3003)

   (A)   Minor Modification. Minor changes to an approved site plan review permit that substantially conform to the approved or issued permit are eligible for review as a minor modification. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%:

      (1)   Approved building height;

      (2)   Approved setback distances;

      (3)   Landscape coverage;

      (4)   Building floor area;

      (5)   Site building coverage;

      (6)   Other approved numerical elements.

In no case may the increase or decrease be below the minimum or exceed maximum standards established by the City Code.

   (B)   Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.

   (C)   An application for a minor modification shall be filed with the Director. Three copies of the site plan, elevation and landscape plan, if applicable, shall be submitted with a letter outlining the requested modification(s).

   (D)   Fees for filing an application for a minor modification shall be set by resolution of the City Council.

   (E)   Upon review of the application for a minor modification, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.

   (F)   The Director's decision to approve a minor modification to a site plan review is final and is not subject to appeal, except as follows: An application for a minor modification shall only be appealable if the matter is denied with written findings justifying the denial. The denial may be appealed to the Hearing Officer within ten days of the date of the issuance of the written decision. An appeal shall be granted if the Director's decision does not include written findings or if the written findings do not justify the denial consistent with state or local law.

   (G)   Major Modification. Changes to an approved site plan review permit that do not qualify as minor modifications under Subsection (A) or (B) shall be reviewed under a new site plan review. application.

(Ord. No. 3003)

   Applications for legal as-built development without an effectuated site plan review permit that is considered nonconforming only due to the absence of a site plan review permit, shall be processed in the same manner as a minor modification under Section 16-523.10. The site plan review permit for the as-built development may allow for minor modification to the existing development pursuant to Section 16-523.10. as allowed under the minor modification process.

(Ord. No. 3003)

   The site plan review permit is defined as ministerial within the meaning of CEQA and Cal. Public Resources Code 21080(b)(1). The site plan review permit review process applies a series of fixed standards and objective measurements and does not intend to involve the use of personal or subjective judgments in deciding whether or how the project should be carried out.

(Ord. No. 3003)

   (A)   This division establishes the procedures for conducting an administrative-level discretionary review of certain development applications, as identified in this chapter. This process requires the Director to verify that certain new or expanded uses, activities, structures, or development of land complies with all applicable policies, ordinances, and/or regulations of the city.

   (B)   Prior to the issuance of building permits for buildings or structures for uses for which this chapter does not require a special use permit or other zoning permit, an application for a development design review permit shall be filed with the Director, except for new single-family dwellings permitted in Section 16-22, which can be submitted directly for building permit review.

(Ord. No. 3039, 3073)

   (A)   The Community Development Director ( Director ) is the review authority for an application that requires a development design review permit. The Director may approve, conditionally approve or deny the application. The Director may refer an application to another review authority for a decision on the development design review permit.

   (B)   Where a development design review permit is processed concurrently with a discretionary permit that requires approval by the Planning Commission or City Council, the review authority with jurisdiction over such discretionary permit shall also have review authority over the development design review permit.

(Ord. No. 3039)

   (A)   Whenever this chapter provides that a particular use or development may be permitted by development design review permit, an application for a development design review permit shall be determined as provided in this article.

   (B)   An application for a development design review permit may be filed by:

      (1)   The owner(s) of the subject property;

      (2)   An authorized agent representing the property owner(s); or

      (3)   The city.

   (C)   Each application for a development design review permit or modification to a development design review permit must be filed with the Director on a city application form, together with required fees and/or deposits, and all other information and materials as identified in the city's submittal checklist. The city may ask an applicant to clarify, or provide additional materials to address questions or concerns during the review process. The Director shall not accept an application unless it is accompanied by the application fee set by resolution of the City Council.

   (D)   The Director or designee shall review each application for completeness and accuracy before it is accepted as being complete for processing. In addition to the requirements of this chapter, each application is required to be in compliance with the requirement of the FAA Airport Hazard Overlay and the requirements of the Ventura County Cultural Heritage Board.

   (E)   The application shall be reviewed by the Development Advisory Committee (DAC) for consistency with applicable regulations and standards.

   (F)   The applicant shall be informed in writing within 30 calendar days of application submittal or as required by the Cal. Gov t Code, that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in writing, shall be provided before it can be accepted for processing.

   (G)   If the applicant does not complete their application within 90 days after notification that the application is incomplete, the application shall be deemed withdrawn, unless a written request for extension is filed by the applicant and granted for good cause by the Director for a period not to exceed an additional 90 days. If an extension is not granted, or if the extension expires, the application shall be considered withdrawn. A courtesy letter from the city should be sent to the applicant documenting the withdrawal. A new application, including fees, plans, exhibits, and other materials that will be required to commence processing of any development project on the same property.

(Ord. No. 3039)

   The application for a development design review permit on parcels located in or adjacent to established neighborhood planning areas shall be presented to the general public at a community workshop conducted by the Planning Division prior to a public hearing on the proposed project. The workshop is intended to provide the applicant with the opportunity to present the proposed development to nearby property owners and to allow residents the opportunity to ask questions and provide input directly to the applicant.

(Ord. No. 3039)

   (A)   All applications for development design review permit shall be heard by the Director during a public hearing. Notice of the hearing shall be given by the Director or designee pursuant to Cal. Gov't Code, Section 65091. The date of the hearing on the application shall be set within the time provided by State law.

   (B)   If for any reason, any hearing cannot be completed on the day set thereof, the Director may continue the bearing by publicly announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.

(Ord. No. 3039)

   The review authority must make the following findings:

   (A)   The development is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards.

   (B)   There are adequate infrastructure and public services available to serve the proposed development, including sewage, water, fire and police protection storm drainage facilities, roadway, sidewalks and legal access to the lot.

   (C)   The proposed development is on a legally created lot.

   (D)   The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by Section 16-525.6.

(Ord. No. 3039)

   The conditions imposed on a development design review permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

   (A)   Special yards, open spaces and buffer areas;

   (B)   Fences and walls;

   (C)   Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;

   (D)   Street and alley dedications and improvements, including sidewalks curbs and gutters;

   (E)   Water supply, fire protection, sewerage service and storm drainage facilities;

   (F)   Landscaping and maintenance of grounds;

   (G)   Regulation of nuisance factors such as noise vibrations smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances, and radiation;

   (H)   Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

   (I)   Regulation of signs and outdoor advertising;

   (J)   A specified period limiting the time in which development may begin;

   (K)   Provision for a bond or other surety that the proposed special use will be removed on or before a special date;

   (L)   Height limitations to protect the character and integrity of abutting parcels or the general welfare, provided the maximum density allowed for residential developments can still be achieved; and

   (M)   Such other conditions as will make possible the development of the proposed development in an orderly and efficient manner and in general accordance with the intent of this chapter and in compliance with State law.

(Ord. No. 3039)

   (A)   Not later than ten days following the day a resolution of decision is adopted or denied, the Director or designee shall send notification of the decision to the applicant at the address appearing on the application or such other address as is designated in writing by the applicant. Notification shall include a copy of the resolution of approval or denial, and any conditions imposed on the permit if granted;

   (B)   With such notification the Director shall provide a copy of Section 16-525.9, setting forth the procedure for an applicant to appeal the decision.

(Ord. No. 3039)

   A resolution granting or denying an application for a development design review permit or modifying or revoking a development design review permit or denying an application for modification or revocation of a development design review permit is effective after the appeal period identified in this division has passed.

(Ord. No. 3039)

   (A)   A development design review permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

   (B)   Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

      (1)   The granting of the extension must be based upon a finding of good cause.

      (2)   All original findings for approval can still be made.

(Ord. No. 3039)

   A decision of the Director shall become final and conclusive at the time of expiration of the appeal period ten calendar days after the date of the decision unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the Planning Commission. In the event an appeal period ends on a day when the city is closed for business, the appeal period shall be extended to the next business day. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the Director pending rendition of a decision by the Planning Commission.

(Ord. No. 3039)

   (A)   A person may file an appeal on a decision of the Director approving or denying an application for a development design review permit not later than ten days after the date of the decision.

   (B)   A review of a decision of the Director may be commenced by the City Manager or designee or a member of the City Council by filing with the City Clerk an original and two copies of a notice requesting review.

   (C)   An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the Director by filing with the Secretary of the Planning Commission an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested. The Secretary of the Planning Commission shall set the date of hearing on the appeal within a reasonable period of time after receipt of the appeal, and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code Section 65091.

(Ord. No. 3039)

   (A)   Whenever this chapter provides that a particular use may be permitted by special use permit, an application for a special use permit shall be determined as provided in this article.

   (B)   Special use permits authorized by this chapter are granted for such time and upon such conditions and limitations as are deemed necessary to preserve the integrity and character of the zoning district, the utility and value of adjacent property and the general welfare of the neighborhood and the public.

(`64 Code, Sec. 34-146) (Ord. No. 917, 1491, 1513, 1671, 2367, 2445)

   Before a special use permit may be granted, the applicant must show and the commission must find that the proposed use is in conformance with the general plan and other adopted standards and that the following conditions are met:

   (A)   The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed special use permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare.

   (B)   The site that is subject to the special use permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by section 16-532.

   (C)   The site that is subject to the special use permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.

   (D)   The site that is subject to the special use permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.

(`64 Code, Sec. 34-147) (Ord. No. 917, 2367, 2445)

   The conditions imposed on a special use permit may involve any factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:

   (A)   Special yards, open spaces and buffer areas;

   (B)   Fences and walls;

   (C)   Traffic circulation and parking facilities, including vehicular ingress and egress and the surfacing and lighting of parking areas to specified standards;

   (D)   Street and alley dedications and improvements, including sidewalks, curbs and gutters;

   (E)   Water supply, fire protection, sewerage service and storm drainage facilities;

   (F)   Landscaping and maintenance of grounds;

   (G)   Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

   (H)   Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

   (I)   Regulation of signs and outdoor advertising;

   (J)   A specified period limiting the time in which development may begin;

   (K)   Provision for a bond or other surety that the proposed special use will be removed on or before a special date;

   (L)   Height limitations to protect the character and integrity of abutting parcels or the general welfare;

   (M)   Residential density, by specifying the number of dwelling units per acre; and

   (N)   Such other conditions as will make possible the development of the proposed special use in an orderly and efficient manner and in general accordance with the intent of this chapter.

(`64 Code, Sec. 34-148) (Ord. No. 917, 2367, 2445)

   The application for a special use permit shall be on forms prescribed by the city staff and shall furnish a description of the property for which the special use permit is sought and a map or site plan showing the exterior boundaries of the area to be included in the use permit. The director may require the applicant to show elevations, perspective drawings of the proposed improvements, or building plans if such information is pertinent to determining the application. Plans or other supporting data may be required by city staff.

(`64 Code, Sec. 34-149) (Ord. No. 917)

   (A)   Application for a special use permit, variance, or planned development permit may be initiated by:

      (1)   A resolution of intention by the commission or city council;

      (2)   An owner of the affected property or the owner’s designated attorney in fact;

      (3)   A lessee who holds a lease, the terms of which permit the use applied for, or the lessee’s designated attorney in fact; and

      (4)   A plaintiff in an action in eminent domain to acquire the property as to which the special use permit, variance or planned development permit is sought.

   (B)   If an application for a special use permit, variance or planned development permit has been denied, a new application for the same entitlement relating to the same property shall not be accepted within 12 months of the denial. This provision may be waived by a majority of the city council on finding that, by reason of changed physical, legal or sociological circumstances, consideration of a new application for same entitlement would be in the public interest.

(`64 Code, Sec. 34-150) (Ord. No. 917, 1541, 2367, 2445)

   (A)   Fees for filing an application for a special use permit shall be set by resolution of the city council.

   (B)   Fees for submitting a project for preliminary review and evaluation by city staff before submitting a formal application shall be set by resolution of the city council.

   (C)   When an application for any project, including but not limited to a special use permit, a planned development permit, a variance, a map, a zone boundary change or a change of classification or zone uses, requires special evaluation by a consultant or legal counsel or an unusual amount of special study and evaluation by city staff beyond routine analysis, the applicant shall reimburse the city for the cost of such work. The director shall give the applicant a written estimate of such cost, and the applicant shall deposit the amount of such estimate with the director, before any such work is done. If, after work is begun, the director estimates that more costs will be incurred than originally estimated, the director shall give the applicant a revised written estimate and the applicant shall deposit the amount of the revised estimate with the director, deducting deposits previously made. If the final actual cost of the work exceeds the amount so deposited, the applicant shall deposit the remaining costs before the city takes action on the application. If the actual final cost of the work is less than the amount so deposited, the director shall refund the excess deposit after the city takes action on the application or the application is withdrawn.

(`64 Code, Sec. 34-151) (Ord. No. 917, 1060, 1367, 1671)

   All applications for special use permits shall be heard by the commission during a public hearing.

(`64 Code, Sec. 34-152) (Ord. No. 917, 2367, 2445)

   Notice of the hearing shall be given by the secretary of the commission pursuant to Cal. Gov't Code, Section 65091.

(`64 Code, Sec. 34-152.1) (Ord. No. 917, 2367, 2445)

   The date of hearing on the application shall be set within the time provided by State law.

(`64 Code, Sec. 34-152.2) (Ord. No. 917, 1316)

   If for any reason, any hearing cannot be completed on the day set therefor, the presiding commissioner, before adjournment or recess, may continue the hearing by publically announcing the time and place to which the hearing is continued. No other form of notice of such continuance shall be required.

(`64 Code, Sec. 34-152.3) (Ord. No. 917, 1847, 2367, 2445)

   (A)   Not more than 30 days following the termination of public hearings on an application for a special use permit or a modification or revocation thereof, the commission shall render a decision by written resolution, reciting any findings on which the decision is based and any conditions imposed on the permit, if granted.

   (B)   A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application to modify or revoke a special use permit may not be reconsidered or modified or vacated except as provided hereinafter.

(`64 Code, Sec. 34-153) (Ord. No. 917, 2367, 2445)

   (A)   Not later than ten days following the day a resolution of decision is adopted, the secretary of the commission shall mail a copy of the resolution to the applicant at the address appearing on the application or such other address as is designated in writing by the applicant.

   (B)   With such resolution the secretary of the commission shall mail a copy of section 16-545, setting forth the procedure for an applicant to appeal the decision.

(`64 Code, Sec. 34-153.1) (Ord. No. 917, 1078, 2367, 2445)

   A resolution granting or denying an application for a special use permit or modifying or revoking a special use permit or denying an application for modification or revocation of a special use permit is effective upon adoption, but is subject to the right of appeal to the city council as hereinafter provided.

(`64 Code, Sec. 34-154) (Ord. No. 917, 2367)

   No person obtains any right or privilege to use property for any purpose or in any manner described in an application for a special use permit or a modification thereof or in a resolution granting a special use permit or modification thereof unless and until the resolution granting the special use permit or modification becomes final.

(`64 Code, Sec. 34-154.1) (Ord. No. 917, 2367)

   A decision of the commission shall become final and conclusive at the time of expiration of the appeal period provided in section 16-545 unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the city council. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the commission pending rendition of a decision by the city council.

(`64 Code, Sec. 34-154.2) (Ord. No. 917, 1078, 1253, 2367, 2445)

   (A)   A person may file an appeal from or request a review of a decision of the planning commission not later than 18 days after the date of the decision.

   (B)   A review of a decision of the commission may be commenced by the city manager or designee or a member of the city council by filing with the city clerk an original and two copies of a notice requesting review.

   (C)   An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the commission by filing with the city clerk an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested.

   (D)   The city clerk shall note on the original notice the date and time of filing and shall transmit copies of the notice to the director and the city attorney. The city clerk shall collect from the appellant the appeal fee set by resolution of the city council. The city clerk shall not collect an appeal fee for a notice filed on behalf of the city by a city officer or employee or a member of the city council.

(`64 Code, Sec. 34-155) (Ord. No. 917, 1046, 1060, 1253, 1446, 1671, 2367, 2374, 2445, 2508)

   (A)   A review or appeal hearing shall be held by the city council no more than 30 days following the date of filing of the notice; provided, however, that if there is no regular meeting on the fourth Tuesday following the date of filing of the notice, the hearing shall be scheduled for the next regular meeting after the thirtieth day.

   (B)   Upon receipt of a notice of request for review or appeal, the city clerk shall fix the date, place, and time of the review or appeal hearing. Written notice of the date, place, and time of the review or appeal hearing shall be given by the city clerk to the applicant or appellant, to the director, to any person of record directly affected by the review or appeal, and if applicable, to the city officer, department, or entity whose action is the subject of review or appeal.

   (C)   Additional notice of the hearing on review or appeal shall be given by the city clerk pursuant to Cal. Gov't Code, Section 65091.

   (D)   During the pendency of review or appeal and until its conclusion, the action of the commission shall be suspended and no permits relating to the matter subject to review or appeal shall issue from any city department.

(`64 Code, Sec. 34-155.1) (Ord. No. 917, 1446, 1970, 1986, 2367, 2445)

   Unless otherwise directed by the council, the director shall deliver to the city council at the time of hearing, all documents constituting the commission's record of the matter subject to review or appeal.

(`64 Code, Sec. 34-155.2) (Ord. No. 917, 1446, 2367, 2445)

   (A)   A review of an appeal from a decision of the commission may be heard de novo.

   (B)   On hearing the review or appeal, the city council shall primarily consider the issues raised by the grounds specified in the notice of review or appeal, but shall not be restricted thereto.

   (C)   The city council may promulgate additional rules of procedure for review or appeal hearings.

   (D)   Rules governing evidence and procedure relating to review and appeal hearings shall be liberally construed to effect enlightened consideration and determination by the city council.

   (E)   Three council members constitute a quorum for holding a review or appeal hearing.

(`64 Code, Sec. 34-155.3) (Ord. No. 917, 1446, 2367, 2445)

   (A)   Prior to deciding a review or appeal, the city council may refer a matter back to the commission for information, further report or study.

   (B)   A matter subject to review or appeal shall not be withdrawn or dismissed before a public hearing is had thereon.

   (C)   Within 14 days following the conclusion of the public hearing, the city council shall adopt a resolution by a majority of the members of the city council who were present at the public hearing; provided, however, that if the city council refers the matter back to the commission, the city council shall adopt a resolution of decision within 14 days following the conclusion of a public hearing held by the city council to consider the commission’s report.

   (D)   A resolution of the city council deciding a review or appeal may affirm, reverse, modify, limit or condition the action of the commission.

   (E)   A resolution of the city council deciding a review or appeal shall state the findings on which the decision is based and shall state with particularity any limitations or conditions imposed; provided, however, that a resolution of the city council referring the matter back to the commission need not state any findings, limitations or conditions.

   (F)   If the city council does not adopt a resolution within the time prescribed, or if there is a tie vote of the members of the city council present at the public hearing, the action of the commission shall be reinstated and given effect, and no further action thereon shall be taken by the city council.

(`64 Code, Sec. 34-156) (Ord. No. 917, 1446, 2367, 2445, 2482)

   Not later than ten days following the day on which the decision of the council is rendered, the clerk shall mail a copy of the resolution to the appellant, the applicant and the commission.

(`64 Code, Sec. 34-156.1) (Ord. No. 917, 2367, 2445)

   After rendition, such decision shall become final and conclusive and cannot thereafter be reconsidered or modified or vacated except as herein provided.

(`64 Code, Sec. 34-156.2) (Ord. No. 917)

   (A)   Any special use permit heretofore or hereafter granted may be revoked by the commission, after a public hearing has been held with notice given as provided in section 16-537, for any of the following reasons:

      (1)   Where any permit or condition of the special use permit has not been complied with;

      (2)   Where the property subject to the special use permit or any portion thereof is used or maintained in violation of any statute, ordinance, law or regulation;

      (3)   Where the use for which the special use permit was granted has not been exercised for at least 12 consecutive months or has ceased to exist or has been abandoned;

      (4)   Where the use for which the special use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

      (5)   Where the applicant made a false or erroneous statement in a material matter either in the application for the special use permit or in testimony before the commission or the city council upon appeal.

   (B)   After revocation of a special use permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.

   (C)   A decision of the commission or city council not to revoke a special use permit whenever cause therefor exists or occurs does not constitute a waiver of such right with respect to any subsequent cause for revocation.

(`64 Code, Sec. 34-157) (Ord. No. 917, 1046, 1087, 2367, 2445)

   (A)   A special use permit shall expire 36 months from the date of issuance if the use, building, structure, or other improvements for which the permit has been issued has not been established or commenced in compliance with the issued permit or unless a time extension is approved. If the approved application is not used within the time limit, the approval becomes null and void.

   (B)   Notwithstanding subsection (A), above, where an application, including required fees, requesting an extension is timely filed prior to such expiration date, the Director may approve a one-time extension of the time limit in subsection (A), above, for a period of not to exceed one year. In considering a time extension, the review authority must make the following findings:

      (1)   The granting of the extension must be based upon a finding of good cause.

      (2)   All original findings for approval can still be made.

(Ord. No. 3039)

   (A)   Where a planning permit such as a special use permit, planned development permit, development design review permit, or site plan review has been previously approved, the Director may elect to modify that existing permit in lieu of requiring the application and approval of a new special use or development design review permit for a proposed physical modification or use clearance, provided such physical modification is within the parameters for minor modifications provided for in this chapter or by administrative policy.

   (B)   Modifications to planning permits that do not intensify the use of the parcel or have any additional adverse effect on abutting parcels or the general health, safety, or welfare are eligible for review as minor modifications. A minor modification may allow for an increase or decrease of the following elements of the approved development, by no more than 10%.

      (1)   Approved building height;

      (2)   Approved setback distances;

      (3)   Landscape coverage;

      (4)   Building floor area;

      (5)   Site building coverage;

      (6)   Dimensional standards for parking, loading and circulation that do not result in a reduction in the required parking and loading spaces;

      (7)   Outdoor open space requirements;

      (8)   Other approved numerical development standards.

      (9)   Exclusions: minor modifications to planning permits shall not be granted for the following standards:

         (a)   Minimum number of required parking spaces;

         (b)   Floor area ratio or residential density.

      (10)   In no case may the increase or decrease be below the minimum or exceed maximum standards established by the city code. In no case shall a minor modification be granted pursuant to this chapter to permit a use or activity that is not otherwise permitted in the zone where the property is located.

   (C)   Modifications to building elevations may be considered under a minor modification, provided that modified elevations comply with applicable objective design standards and applicable zoning regulations contained in this chapter and other adopted standards.

   (D)   An application for a minor modification shall be filed with the Director pursuant to the city’s submittal checklist, as applicable, shall be submitted with a letter outlining the requested modification. The application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modifications identified in Section 16-560.1 can be satisfied.

   (E)   Fees for filing an application for a minor modification shall be set by resolution of the City Council.

   (F)   Upon review of the application, the Director shall issue a written decision approving, conditionally approving or denying the application within the time period prescribed by State law.

   (G)   The Director's decision to approve, conditionally approve a minor modification may be appealed to the Planning Commission within ten days of the date of issuance, in accordance with the procedure for a public hearing pursuant to state law. The decision of the Planning Commission shall be final. Appeals of a denial by the Director may be made by filing a major modification application for consideration by the Planning Commission.

   (H)   If a minor modification application is processed concurrently with a required discretionary permit the review authority with jurisdiction over the discretionary permit shall also have review authority over the minor modification.

(Ord. No. 3039, 3074)

   In order to grant a minor modification to a planning permit, the review authority must make the following findings:

   (A)   All provisions of this article are met;

   (B)   The proposed minor modification is consistent with the applicable general plan policies and is in conformance with applicable zoning regulations contained in this chapter and other adopted standards;

   (C)   The approval or conditional approval of the minor modification will not be detrimental to public health, safety, or general welfare.

(Ord. No. 3039, 3074)

   (A)   Changes to an approved planning permit that do not qualify as minor modifications under Section 16-560 shall be handled in a manner similar to the initial application. Major modifications are those that involve substantial increases in coverage, major additions to the buildings or structures, creation of extra parking needs, traffic or other site problems and shall be heard by the Planning Commission.

   (B)   Applications shall include the same submittal material required for the initial application identified in this chapter and shall be submitted to the Planning Division. The application shall state in writing the nature of the modification(s) requested.

   (C)   Fees for filing an application for a major modification shall be set by resolution of the City Council.

   (D)   An application for a major modification shall be heard and notice shall be provided in the manner required under the initial planning permits.

(`64 Code, Sec. 34-110.2) (Ord. No. 916, 1409, 3039, 3074)

   In order to grant a major modification, the review authority must make the findings of the modified permit.

(Ord. No. 3039, 3074)

   (A)   Variances from the requirements of this chapter shall be granted only when, because of special circumstances applicable to certain property, including size, shape, topography, location or surroundings, the approval body finds that the strict application of such requirements deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning classification.

   (B)   Notwithstanding subsection (A) of this section, the approval body may grant a variance from the parking requirements of this chapter pertaining to a nonresidential project, so that some or all of the required parking spaces are located off-site, or so that in-lieu fees or facilities are provided instead of the required parking spaces, if both the following conditions are met:

      (1)   The variance will be an incentive to, and a benefit for, the project; and

      (2)   The variance will facilitate access to the project by patrons of public transit, particularly guideway facilities.

   (C)   The commission shall not grant a variance authorizing a use or activity that this chapter does not expressly authorize for the subject property.

   (D)   The commission shall not grant a variance that is contrary to the general plan.

(`64 Code, Sec. 34-158) (Ord. No. 917, 2367, 2445)

   The commission granting a variance shall impose conditions that will assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located.

(`64 Code, Sec. 34-158.1) (Ord. No. 917, 2367, 2445)

   (A)   The application for a variance shall be accompanied by a description of the property for which the variance is sought and a map or site plan showing the proposed development of the property and the variance requested. The commission may require the applicant to show additional elevations and perspective drawings of the proposed improvements or building plans if such information is pertinent to granting the variance.

   (B)   Fees for filing an application for a variance shall be set by resolution of the city council.

(`64 Code, Sec. 34-158.3) (Ord. No. 917, 2367, 2445)

   The application process, fees, notice of hearing, date of hearing, decision, notice of decision, effective date, vested rights, finality of decision, appeals to city council and related procedures and revocation shall be in accordance with the procedure set forth for special use permits as provided in sections 16-530 to 16-553.

(`64 Code, Sec. 34-158.4) (Ord. No. 917)

   A variance shall normally be granted in perpetuity except that a change in the conditions justifying a variance shall be cause to reconsider the variance according to the procedure set forth in the foregoing sections. When the conditions justifying a variance are temporary, the commission or, on appeal, the city council may set a time after which the variance shall be null and void, and the property shall be subject to the regulations of the applicable zone classification.

(`64 Code, Sec. 34-158.5) (Ord. No. 917, 2367, 2445, 2445)