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Patterson City Zoning Code

Division II

PROCEDURES

§ 18.12.010 Purpose.

The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the city.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.12.020 Requirements for development and new uses.

All uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements:
A. 
Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows:
1. 
Permanent Uses. Division III (Zoning Districts) lists the allowed uses and permit requirements for various land uses in each of the city's base zoning districts and overlay zoning districts.
2. 
Temporary Uses. Temporary uses, such as construction yards, seasonal sales lots, and special events, must comply with the requirements of Chapter 18.90 (Temporary Uses).
B. 
Permit and Approval Requirements. Any development or land use approval required by this title must be obtained before it is constructed or otherwise established unless exempt under Section 18.12.030 (Additional approvals).
C. 
Development Standards. All uses and structures must comply with the development standards described in this title, including but not limited to Chapters 18.60 (General Development Standards) and 18.54 (Overlay Districts) and Division IV (Site Development). In addition:
1. 
No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zoning district in which it is located.
2. 
No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zoning district in which the structure is located.
3. 
No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this title.
4. 
The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure.
5. 
Every structure shall be located on a lot as defined by this title.
D. 
Conditions of Approval. The use of land and the construction of structures authorized by permits or entitlements granted by the city in accordance with the procedures provided by this title shall comply with any applicable conditions of approval imposed by the designated approving authority in approving the permit or entitlement, including any permit or entitlement that was approved prior to the effective date of this title or any amendments thereto.
E. 
Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Title 16 (Divisions of Land) and the Subdivision Map Act. Legal nonconforming parcels may be used or developed in compliance with Chapter 18.94 (Nonconforming Uses and Structures).
F. 
Development Agreements. All uses and structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 18.20 (City Council Decisions).
G. 
Building Permits and Other Permits. The structures shall comply with the requirements for building permits and applicable city, county, regional, special district, state, or federal permits.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.12.030 Additional approvals.

The establishment, operation, construction, or development of uses, properties, and structures may be subject to additional permitting and licensing requirements imposed by other sections of this Municipal Code or applicable local, state, or federal laws. All applicable permits, licenses, or other approvals including, without limitation, building, grading, or other construction permits and business licenses shall be obtained prior to the start of work or operations.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.010 Purpose.

The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.020 Application and fee.

A. 
Application. Applications pertaining to this title shall be submitted in writing to the planning director on a completed city application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by city council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the planning director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.
B. 
Fee. The city council shall set, by resolution, and may amend and revise from time to time, the fees for processing the various applications authorized or required by this code. All required fees shall be paid at the time an application is filed and no processing shall commence until the fee is paid in full.
C. 
Deposit and Funding Agreement.
1. 
Deposit Requirement. In addition to application fees, the city shall require a deposit to cover processing costs incurred by the city in connection with the review of development applications and related infrastructure requirements, for applications that propose projects greater than thirty thousand square feet in gross floor area or ten acres in gross parcel area.
2. 
Initial Deposit. The city manager, planning director or their designee shall determine the deposit to be required during the city's initial review of a development application pursuant to this chapter. The deposit shall be fifteen percent of the city's total estimated costs to process a project, which may include, but is not limited to, environmental analysis, preparation and review of a fiscal impact study, engineering for infrastructure requirements, legal agreements, and all other reports, studies or agreements necessary for the city to process the application. The city manager or planning director may reduce the deposit to seven and one-half percent of the total estimated processing costs of the project if the applicant provides a guaranty to be personally responsible for all processing costs incurred by the city during the city's review of the development application. If a deposit is required, the application shall not be deemed complete until the applicant provides the deposit, in cash or check, to the city.
3. 
Funding Agreement. The city shall require applicants to execute a funding agreement setting forth the applicant's financial responsibilities in connection with the city's review of the development application. The funding agreement shall be in a form acceptable to the city attorney.
4. 
Administration. The city will provide monthly invoices of the city's processing costs to be reimbursed by the applicant. Invoices shall reflect the actual costs incurred by the city in processing the application. The applicant must pay each monthly invoice within thirty days from the date the city provides the invoice to the applicant. If the applicant fails to pay any invoice within thirty days, the city may utilize the deposit to pay for all costs incurred by the city related to the project, and the city may cease all processing of the application. If the applicant does not pay any invoice within fifty days from the date the city mails or transmits the invoice to the applicant, the city may deem the entire application withdrawn.
5. 
City Control. Applicant shall not condition the deposit or funding agreement on the selection of any particular consultant, engineer or other service to be provided in the city's review of the development application. City shall retain exclusive control over all consultants, legal counsel and service providers to be funded pursuant to this section.
6. 
Additional Deposit. If the applicant cures any default of this section or the funding agreement prior to the city terminating the agreement or withdrawing the application, the city may require the applicant to increase the deposit by up to one hundred percent of the initial deposit amount. In addition, if applicant proposes changes to a development application, the city may request a revised cost estimate and, if the revised processing costs have significantly increased, the city may require an additional deposit.
7. 
Refund. The applicant may request a refund of the deposit balance at any time. The city shall return unused portions of the deposit within forty-five days of the refund request. If public hearings are scheduled, any unused portion of the deposit shall be returned within forty-five days after the city's review of the development application is complete or within forty-five days of the final public hearing.
8. 
Existing Entitlements. At the discretion of the city manager or planning director, a deposit may be required for modifications to existing entitlements if the proposed modification will directly or indirectly affect more than thirty thousand square feet in gross floor area or ten acres of gross parcel area under the existing entitlements. The determination of the affected gross floor area or gross parcel area shall rest solely with the city manager or his designee.
9. 
Waiver. The city council, by resolution, may waive or modify the deposit and funding requirement, as such requirements apply to a specific project or applicant.
D. 
Processing Costs. Where a deposit or funding agreement is required pursuant to this section, processing costs shall include all fees and costs actually incurred by the city related to processing the application, including but not limited to consultant services, third-party engineering services, attorney fees and legal services, mailing and noticing costs, and filing fees.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 748, 2014; Ord. 749, 2014)

§ 18.14.030 Determination of completeness.

A. 
Application Completeness. Within thirty days of application submittal, the planning director shall determine whether or not the application is complete. The planning director shall notify the applicant of the determination that either:
1. 
All the submittal requirements have been satisfied and the application has been accepted as complete; or
2. 
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
B. 
Application Completeness Without Notification. If the written determination is not made within thirty days after receipt, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.
C. 
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new thirty-day period shall begin during which the planning director shall determine the completeness of the application.
D. 
Incomplete Application. If additional information or submittals are required and the application is not made complete within one year, or some greater period as determined by the planning director, of the completeness determination letter, the application may be deemed by the city to have been withdrawn and no action will be taken on the application. Unexpended fees, as determined by the planning director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this division.
E. 
Right to Appeal. The applicant may appeal the determination in accordance with Section 18.14.070 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.040 Application review and report.

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The planning director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The planning director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.050 Public hearing and public notice.

A. 
Public Hearing Required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural and site plan review, alteration permit, planned development, master plan, specific plan, zoning code and map amendment, prezoning, development agreement, and general plan amendment considered by the planning commission or city council.
B. 
Notice of Hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.
1. 
Notice of public hearing shall be published in at least one newspaper of general circulation in the city.
2. 
Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of three hundred feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the planning director based on the nature of the proposed project. If the number of owners exceeds one thousand, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.
3. 
Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.
4. 
Notice of the public hearing shall be posted on the project site along the project perimeter fronting on all improved public streets, unless determined not feasible by the planning director.
5. 
Notice of the public hearing shall be posted at City Hall.
6. 
Notice of the public hearing shall be mailed to any person who has filed a written request for notice.
7. 
In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
C. 
Notice of Planning Director Determination. Certain administrative permits and entitlements decided by the planning director require a notice to neighboring property owners, including administrative use review, minor adjustment, and minor design review. Notice of the filing of an application for these applications shall be mailed to persons owning property within three hundred feet of the project site. The notice shall include all of the following information and specify that the application will be decided by the city unless a written request for appeal is received on or before a date specified in the notice which shall be ten days after the date of mailing:
1. 
A brief statement explaining the criteria and standards considered relevant to the decision.
2. 
A statement of the standards and facts relied upon in rendering the decision.
3. 
Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
4. 
An explanation of appeal rights and appeal deadlines.
D. 
Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the planning department. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
E. 
Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
F. 
Hearing Procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.060 Approving authority.

A. 
Designated Approving Authority. The approving authority as designated in Table 18.14.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use or development permit or entitlement in accordance with the requirements of this title. Table 18.14.060-1 identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in Section 18.14.070 (Appeals).
Table 18.14.060-1 Approving Authority for Land Use Entitlements
Type of Entitlement, Permit, or Decision
Planning Director
Planning Commission
City Council
Zoning Clearance
F
Official Code Interpretation
F
Similar Use Determination
F
Administrative Use Review
F
Home Occupation Use Permit
F
Temporary Use Permit
F
Sign Permit
F
Master Sign Plan
F
Temporary Sign Permit
F
Minor Adjustment
F
Minor Design Review
F
Williamson Act Contract
F
Conditional Use Permit
R
F
Variance
R
F
Architectural and Site Plan Review
R
F
Alteration Permit
R
F
Planned Development
R
R
F
Master Plan
R
R
F
Specific Plan
R
R
F
Zoning Ordinance and Map Amendment
R
R
F
Prezoning
R
R
F
Development Agreement
R
R
F
General Plan Amendment
R
R
F
B. 
Multiple Entitlements. When a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits. Projects that require legislative approvals (e.g., zoning code and map amendment, general plan amendment) may go to the city council as stand-alone items with the associated quasi-judicial approvals stopping at the planning commission.
C. 
Referral to the Planning Commission. At any point in the application review process, the planning director may transfer decision-making authority to the planning commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the planning commission shall be considered as a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.070 Appeals.

A. 
Appeal Authority. Any interested person may appeal certain actions of the planning director or planning commission made pursuant to this division to the designated appeal authority listed in Table 18.14.070-1 (Appeal Authority) within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.
Table 18.14.070-1 Appeal Authority
Approval Authority for Action Being Appealed
Appeal Authority
Planning Commission
City Council
Planning Director
X
Planning Commission
X
B. 
Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten business days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk.
C. 
Stay Pending Appeal. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted, and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appeal until the appeal has been resolved.
D. 
Appeal Hearing Schedule.
1. 
Unless otherwise agreed to by the applicant, an appeal for consideration by the planning commission shall be scheduled for a public hearing by the planning department at its earliest regular meeting, consistent with agenda preparation procedures, schedules for planning commission meetings, and notice requirements, if applicable.
2. 
Unless otherwise agreed to by the applicant, an appeal for consideration by the city council shall be scheduled for a public hearing by the city clerk at its earliest regular meeting, consistent with agenda preparation procedures, schedules for city council meetings, and notice requirements, if applicable.
E. 
Notice of Appeal Hearings. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Section 18.14.050 (Public hearing and public notice).
F. 
Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed. Copies of the decision shall be mailed to the appellant and to the appealed deciding body. The decision of the city council shall be final.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.080 Effective date.

Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the eleventh day after the date of action, immediately following expiration of the ten-day appeal period. Legislative actions by the city council involving adoption by ordinance (e.g., zoning code and map amendment, specific plan) become effective thirty days from the date of final action and may not be appealed. Permit(s) shall not be issued until the effective date of required permit.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.090 Permit time limits and extensions.

A. 
Time Limits. Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section.
B. 
Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the planning director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment which would make the permitted use or structure nonconforming shall automatically be deemed invalid on the effective date of the zoning amendment.
C. 
Permit Extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section.
1. 
Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and application submittal materials.
2. 
Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3. 
Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension.
4. 
Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
D. 
Permit Expiration for a Closed Business. All permits and entitlements shall expire when a business is closed for more than one calendar year. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.100 Modification.

Any person holding a permit granted under this title may request a modification or amendment to that permit. For the purpose of this section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.
If the planning director determines that a proposed project action is not in substantial conformance with the original approval, the planning director shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same approving authority as the original permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.110 Revocation.

This section provides procedures for the revocation of previously approved land use entitlements or permits.
A. 
Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit.
B. 
Noticed Public Hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing. Public notice shall be provided and public hearing conducted pursuant to Section 18.14.050 (Public hearing and public notice).
C. 
Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made:
1. 
Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met.
2. 
The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit.
3. 
One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated.
4. 
The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status.
5. 
The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute.
6. 
The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.120 Reapplications.

An application shall not be accepted or acted upon if within the past twelve months the city has denied an application for substantially the same project on substantially the same real property, unless the planning director finds one or more of the following circumstances to exist:
A. 
New Evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B. 
Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property.
C. 
Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.14.130 Reimbursement for specific plans and other entitlements.

A. 
Fees for Processing Entitlements. The city council may adopt a resolution authorizing pro rata fees to be imposed on properties within an adopted specific plan, master plan or planned development. Fees adopted pursuant to this section shall be collected for the purpose of reimbursing landowners, developers or the city for the actual costs incurred by such party or parties to prepare, process and entitle a specific plan, master plan or planned development.
B. 
Reimbursement by Property Owners. Where the cost of preparing a specific plan, master plan or planned development is funded by less than one hundred percent of the property owners covered by the plan, the funders of the plan may be entitled to pro rata reimbursement of the costs of preparing such plan from all other property owners seeking to develop within the plan area. The city shall require all landowners and developers seeking reimbursement to submit (1) verified invoices that describe the reimbursable processing activities and actual costs incurred, and (2) verified checks or other valid proof of payment for work actually performed in connection with such plans. The city council may adopt a reimbursement fee pursuant to this section either concurrently with or subsequent to the adoption of a specific plan, master plan or planned development.
C. 
Reimbursable Processing Activities. For purposes of this section, reimbursement fees shall be limited to the following: (1) city attorney fees and costs that are directly related to the specific plan or master development plan, and (2) consultant or engineering costs approved by the city and related to the following: environmental review under the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq., "CEQA"), the processing of tentative subdivision maps under the Subdivision Map Act (Cal. Gov. Code § 66410 et seq.) and the processing of technical reports, studies, plans or maps in connection with a specific plan, master plan or planned development, so long as the tentative maps, reports or other plans cover the entire plan area.
D. 
Nonreimbursable Processing Activities. Reimbursable costs shall not include (1) attorney fees and costs of the developer or property owner's attorney and counsel, (2) consultant fees for a development project that are not directly incurred for the purpose of performing environmental review under CEQA or for filing tentative maps under the Subdivision Map Act, and (3) any fees or expenses related to market studies. Costs related to tentative parcel maps, final subdivision maps and final parcel maps shall not be reimbursable.
E. 
Reimbursement Resolution. The resolution establishing reimbursement fees pursuant to this chapter shall contain the following:
1. 
A description of the costs and bases under which fees are established, and the total amount of the reimbursement fee;
2. 
A description of the specific parcels of land which benefit from the entitlements, and to which the reimbursement fees are proposed to be assessed;
3. 
A statement indicating the amount of the total fee allocated against each parcel of property and the method of allocation, including any exemptions or credits; and
4. 
A description of the manner in which the fee will be collected (i.e., as a condition to issuing building permits for properties within the benefited plan area).
F. 
Recordation. The reimbursement resolution shall be recorded on each property subject to the payment of fees established pursuant to this section.
G. 
Payment. The reimbursement resolution shall include the method of paying fees established pursuant to this section. Payment may be required in connection with tentative map, annexation, general or specific plan amendment, use permit, building permit, or any other land use approval which implements, utilizes, or amends the specific plan for the property upon which the fee has been assessed.
(Ord. 773, 2015)

§ 18.16.010 Purpose.

The purpose of this chapter is to establish procedures for planning- and zoning-related permits that are decided administratively by the planning director or his/her designee. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 18.14 (General Application Processing). Table 18.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative permits and entitlements decided by the planning director.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.020 Zoning clearance.

A. 
Purpose. The purpose of the zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this code, using administrative procedures and thorough but typically "over-the-counter" planning approvals for building permits, business licenses, and other city applications that require approval from a different city department and can be processed by the planning department in a relatively short time period.
B. 
Applicability. Zoning clearance is required for the following actions:
1. 
All structures that require a building permit.
2. 
All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.
3. 
Other city applications that may be subject to the provisions of this title, including, but not limited to, business license, encroachment, and grading and improvement plans.
C. 
Review Process. Zoning clearance shall be processed in conjunction with related city action, such as a building permit application or business license. Zoning clearance is an administrative function of the planning director, and no public hearing or notice is required.
D. 
Findings. Zoning clearance shall be granted only when the planning director finds the proposal to be in conformance with all applicable provisions of this title. No permit or application listed in Section 18.16.030(A) (Purpose and Applicability) shall be issued without approval of zoning clearance.
E. 
Compliance Requirements. The planning director may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.030 Official code interpretation.

A. 
Purpose and Applicability. The planning director may issue an official code interpretation pursuant to this section when, in his or her opinion, the meaning or applicability of any provision of this code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this title shall be applied in future cases; provided, that any interpretation may be superseded by a later interpretation when the planning director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. The planning director may issue an official code interpretation or refer the question to the planning commission for a determination.
B. 
Review Process.
1. 
Official code interpretations shall be issued in writing and shall state the facts upon which the planning director relied to make the determination.
2. 
Records of Interpretations and Referral. The planning department shall keep records of official determinations on file for future reference.
3. 
An official code interpretation is an administrative function of the planning director, and no public hearing or notice is required.
4. 
The applicant is permitted to appeal an official code interpretation to the planning commission.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.040 Similar use determination.

A. 
Purpose. The land use table in Division III (Zoning Districts) may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted, the similar use determination allows the director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted or permitted with a use permit in a particular zoning district.
B. 
Applicability. A similar use determination is required when a use is not specifically listed in this code but may be permitted if it is determined to be similar in nature to a use that is permitted or permitted with a use permit.
C. 
Review Process.
1. 
A similar use determination can be initiated by staff or the public using an application provided by the planning director.
2. 
The planning director shall prepare a similar use determination.
3. 
The issuance of a similar use determination is an administrative function of the planning director, and no public hearing or notice is required.
4. 
The applicant is permitted to appeal a similar use determination to the planning commission.
D. 
Findings. The planning director shall make a similar use determination after making all of the findings listed below. If the planning director does not make all of these findings, he/she shall not make the similar use determination.
1. 
The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.
2. 
The proposed use will be consistent with the purposes of the applicable zoning district.
3. 
The proposed use will be consistent with the general plan, any applicable specific plan, and the development code.
E. 
Determinations. Similar use determinations shall be made in writing and shall contain the facts that support the determination. The department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
1. 
A brief statement explaining the criteria and standards considered relevant to the decision.
2. 
A statement of the standards and facts relied upon in rendering the decision.
3. 
An explanation of appeal rights and appeal deadlines.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.050 Administrative use review.

A. 
Purpose. Administrative use review provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of specific development proposal for the specific site. It is anticipated that uses qualifying for an administrative use review are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
B. 
Applicability. This section applies to land use requiring an administrative use review as designated with an "AR" on the allowed use tables, including Table 18.38.030-1 (Permitted Use Matrix for Residential Districts), Table 18.42.030-1 (Permitted Use Matrix for Commercial/Medical Professional Office Districts), Table 18.46.030-1 (Permitted Use Matrix for Industrial Districts), and Table 18.50.030-1 (Permitted Use Matrix for Public/Quasi-Public and Parks and Recreation Districts).
C. 
Review Process.
1. 
The planning director is the approving authority for administrative use review. However, the planning director may also refer an administrative use review to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. 
Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. 
Planning director determination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.
D. 
Findings. The director shall approve, or approve with conditions, an application for an administrative use review after making all of the findings below. If the director does not make all of these findings, he/she shall deny the administrative use review.
1. 
The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, Municipal Code, general plan, and any applicable specific plans or city regulations/standards.
2. 
The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.
3. 
Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. 
Conditions. In approving an administrative use review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.060 Home occupation use permit.

A. 
Purpose. The purpose of a home occupation use permit is to ensure that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character and are generally undetectable from normal and usual residential activity.
B. 
Applicability. A home occupation use permit shall be required for all home-based businesses. An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit.
C. 
Review Process.
1. 
Upon acceptance of a home occupation application, the planning director or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
2. 
Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license.
D. 
Findings. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with all of the following findings:
1. 
The proposed home occupation is consistent with the general plan, any applicable specific plan or master plan, and all applicable provisions of this title.
2. 
The proposed home occupation is consistent with the standards and prohibited use regulations in Chapter 18.64 (Home Occupations).
3. 
The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.
E. 
Compliance Requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
F. 
Relocation of a Home Occupation. If a home occupation relocates, a new permit and review shall be required for the new location.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.070 Temporary use permit.

A. 
Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. The intent of the permit requirements is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.
B. 
Applicability. A temporary use permit shall be required prior to the establishment of those uses specified in Chapter 18.90 (Temporary Uses).
C. 
Review Process.
1. 
The planning department and other departments as necessary shall review the request and render a decision within a ten-business-day review period. The decision shall clearly state, in writing, any conditions of approval or reasons for denial.
2. 
Temporary use permits will be reviewed for compliance with restrictions and standards related to those activities provided in Chapter 18.90 (Temporary Uses).
D. 
Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after making all of the findings below. If the director does not make all of these findings, he or she shall deny the temporary use permit.
1. 
The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
2. 
The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
3. 
Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.
E. 
Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following:
1. 
Measures to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.
2. 
Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
3. 
Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. 
Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.080 Sign permit.

A. 
Purpose. The purpose of a sign permit is to provide a review process for new signs to ensure consistency with the general requirements of this title and the specific requirements of Chapter 18.82 (Signs).
B. 
Applicability. A sign permit shall be required prior to the installation, construction, or alteration of any sign in the city, unless expressly exempted in Chapter 18.82 (Signs). Signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances. A building permit may also be required. After approval of a sign permit, each sign installed and maintained on the subject site shall comply with the permit and plan.
C. 
Review Process.
1. 
The sign permit application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site.
2. 
After receipt of a sign application, the planning director or a designated representative shall render a decision to approve or deny the sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. 
Findings. The planning director shall issue the sign permit only after determining and finding that the request complies with all requirements of Chapter 18.82 (Signs) applicable to the proposed sign, including any applicable master sign plan.
E. 
Compliance Requirements. The planning director may impose requirements related to approval of the sign permit in order to ensure compliance with this title and the general plan.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.090 Master sign plan.

A. 
Purpose. A master sign plan provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a master sign plan is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects.
B. 
Applicability. A master sign plan is required for the activities listed below.
1. 
All new nonresidential projects with four or more tenants.
2. 
Significant modifications to existing signs or the addition of new signage within an existing nonresidential project with four or more tenants.
3. 
Major rehabilitation work on an existing nonresidential project with four or more tenants that involves exterior remodeling and/or the application proposes modification to existing signs on the site within a one-year period. For the purposes of this chapter, major rehabilitation means adding more than fifty percent to the gross floor area of the building/buildings, or exterior redesign of more than fifty percent of the length of any facade within the project.
4. 
All signs installed or replaced within the nonresidential project shall comply with the approved master sign plan.
C. 
Review Process.
1. 
The application shall include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials. The plans submitted shall also show the location of each sign on buildings and the site. Finally, the application shall provide standards for the uniform style, construction, size, and placement of signs within the proposed project.
2. 
After receipt of a master sign plan application, the planning director or a designated representative shall render a decision to approve or deny the request within thirty working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. 
Findings. A master sign plan, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings:
1. 
The proposed master sign plan is consistent with the development standards for signs as provided in Chapter 18.82 (Signs).
2. 
The size, location, and design of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street.
3. 
The proposed signs are in substantial conformance with the design review criteria provided in Chapter 18.82 (Signs).
E. 
Compliance Requirements. The planning director may impose requirements when approving a master sign plan to ensure compliance with this title and the general plan.
F. 
Revisions. The director may approve revisions to a master sign plan approved by the director. The director may approve revisions to a master sign plan approved by the commission if the director first determines that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected. A new master sign plan approval shall be obtained for revisions that would substantially deviate from the original approval.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.100 Temporary sign permit.

A. 
Purpose. The purpose of a temporary sign permit is to provide a review process for new temporary signs to ensure consistency with the general requirements of this title and the specific requirements of Section 18.82.080 (Standards for temporary signs).
B. 
Applicability. A temporary sign permit shall be required prior to the installation, construction, or alteration of any temporary sign in the city, unless expressly exempted in Section 18.82.030(B) (Signs and Sign Changes Allowed Without a Sign Permit). Temporary signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances. A building permit may also be required. After approval of a temporary sign permit, each temporary sign installed and maintained on the subject site shall comply with the permit and plan.
C. 
Review Process.
1. 
The temporary sign permit application shall include plans of all proposed temporary signs drawn to scale with all dimensions noted and show the location of each temporary sign on buildings and the site. The application shall also identify the proposed dates and duration of temporary signs.
2. 
After receipt of a temporary sign application, the planning director or a designated representative shall render a decision to approve or deny the temporary sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any temporary sign proposal is in conformance with this title and is consistent with its intent and purpose.
D. 
Findings. The planning director shall issue the temporary sign permit only after determining and finding that the request complies with all requirements of Section 18.82.080 (Standards for temporary signs) applicable to the proposed temporary sign.
E. 
Compliance Requirements. The planning director may impose requirements related to approval of the temporary sign permit in order to ensure compliance with this title and the general plan.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.110 Minor adjustment.

A. 
Purpose. The purpose of the minor adjustment is to establish a process to allow creative design solutions and to accommodate unique site conditions that may not meet the strict requirements of this title.
B. 
Applicability. A minor adjustment may be granted to modify certain requirements of this code, as listed in Table 18.16.110-1 (Standards Subject to Minor Adjustment). Minor adjustments do not apply to land use and are not intended to waive a specific prohibition or procedural requirement and are limited to when the following conditions apply:
1. 
Fence Height.
a. 
Exceptional topographic conditions or other unique situation of the parcels; or
b. 
Activities on neighboring property that interfere with peaceful enjoyment of the subject property.
2. 
Setbacks, Lot Width, Projections, Maximum Lot Coverage and Other Dimensional Requirements.
a. 
Exceptional narrowness, shallowness, or the unusual shape of a parcel of property;
b. 
Exceptional topographic conditions or other extraordinary situation of the parcel;
c. 
For the purpose of avoiding or reducing impact to floodplains, significant trees, wetlands, or other natural features; or
d. 
Existing structures within the downtown core (DC) or downtown residential (DR) that were legally constructed according to the regulations in place at that time (e.g. older historic homes).
3. 
Parking or Loading Areas.
a. 
The individual characteristics of the use at that location require more or less parking than is generally required for a use of this type and intensity, or modified parking dimensions, as demonstrated by a parking analysis or other facts provided by the applicant; and
b. 
The need for additional parking cannot reasonably be met through provision of on-street parking or shared parking with adjacent or nearby uses.
c. 
Loading area standards may be adjusted if such a reduction is deemed appropriate after analysis of the use, anticipated shipping or delivery traffic generated by the use, and alternatives for loading/unloading, such as use of on- or off-street parking areas during nonbusiness hours; provided, that traffic is not impeded.
4. 
An adjustment to maximum height is only permitted for unique architectural features that contribute to the design aesthetic of the building.
C. 
Standards Subject to a Minor Adjustment. Adjustments are limited to those listed in Table 18.16.110-1 (Standards Subject to Minor Adjustment).
Table 18.16.110-1 Standards Subject to Minor Adjustment
Standard
Maximum Reduction or Increase
Fence height
2-foot increase
Parking or loading areas. A decrease in the required number and design of parking aisles and spaces.
15%
Setbacks (reduction). A decrease in a required setback, but no closer to the property line than the average of the developed lots on the same block face, and so that no projection into a public utility easement is allowed.
2-foot decrease or 20%1 whichever is less
Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer to any property line than allowed by the building code.
20% additional
Maximum lot coverage (increase)
10%
Maximum height (increase)
20%
Lot Dimensions (decrease)2
25%
Notes:
1. Setbacks are limited to a maximum of four feet, zero inches.
2. Permitted in the downtown residential (DR) district only.
D. 
Review Process.
1. 
The planning director is the approving authority for a minor adjustment. However, the planning director may also refer a minor adjustment to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. 
Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. 
Planning director determination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.
E. 
Findings. The planning director shall approve, or approve with conditions, an application for a minor adjustment after finding all of the following. If the planning director does not make all of these findings, he/she shall deny the minor adjustment.
1. 
The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
2. 
The proposed development is compatible with existing and proposed land uses in the surrounding area.
3. 
Any adjustments to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).
4. 
Granting the minor adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
5. 
The minor adjustment is consistent with the general plan or any applicable specific plan or development agreement.
6. 
The minor adjustment is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.
F. 
Conditions. In approving a minor adjustment, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.120 Minor design review.

A. 
Purpose. This purpose of minor design review is to establish a process for certain types of residential and nonresidential projects that are relatively minor in nature to facilitate project review in a timely and efficient manner with planning director review and determination; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the general plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Patterson.
B. 
Applicability. Minor design review is required for changes to properties that are considered "aesthetically insignificant" as follows:
1. 
Single-family homes, except when part of a development plan, master plan, or specific plan.
2. 
Aesthetically insignificant projects where the planning director determines that a new small structure, or a change or addition to an existing building or other site feature, has no potential for conflict with the city's design objectives due to its size, location, form, materials, or colors.
3. 
Minor or incidental projects where the planning director determines that the project, such as a sign, building addition or remodel, or a new small structure, is minor or incidental to a larger, previously approved project.
4. 
Demolitions where the planning director determines that the proposed demolition has no historical, architectural, or aesthetic significance.
C. 
Review Process.
1. 
The planning director is the approving authority for minor design review. However, the planning director may also refer a minor design review to the planning commission for review and approval as pursuant to Section 18.14.060(C) (Referral to the Planning Commission).
2. 
Public notice of the application submittal and pending determination shall be made in accordance with Section 18.14.050(C) (Notice of Planning Director Determination).
3. 
Planning director determination shall be based on standards and criteria set forth within this code and adopted community design guidelines and shall be accompanied by brief, written findings and a determination.
D. 
Findings. The planning director, where authorized, shall make the following findings before approving a minor design review application:
1. 
The proposed project is consistent with the general plan.
2. 
The proposed use is in accord with the objective of the zoning code and the purposes of the district in which the site is located.
3. 
The proposed project is in compliance with each of the applicable provisions of the zoning code and community design guidelines.
4. 
The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
E. 
Conditions. In approving a minor design review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.130 Williamson Act contract management.

A. 
Purpose and Description. The purpose of this section is to provide for the continuation, nonrenewal, or cancellation of Williamson Act contracts for properties annexed into the city. A Williamson Act contract is also known as a Land Conservation Act of 1965 contract and shall be referred to herein as contract or contracts.
B. 
Contracts. It is the intent of the city to continue contracts in force at the time the property is annexed into the city consistent with general plan policy. No new agricultural preserves will be initiated for property within the city. The city, after acquiring land in a preserve by annexation, shall have all rights and responsibilities specified in California Government Code Section 51235.
C. 
Filing of Map. On or before September 1st of each year, the city shall file with the director of conservation a map of the city and designate thereon all contracted parcels at the end of the preceding fiscal year.
D. 
Uses. Uses permitted under this section shall be consistent with the principles of compatibility set forth in California Government Code Section 51238.1(a)(b)(c). The city council may conditionally approve uses to establish conformity with the principles of compatibility.
E. 
Notice of Nonrenewal—Renewal—Recording Requirements.
1. 
Nonrenewal Process.
a. 
Filing.
i. 
Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with state law (California Government Code Section 51245):
ii. 
Council. The council may initiate a notice of nonrenewal; or
iii. 
Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.
iv. 
A copy of the notice shall be filed with the planning division of the community development department.
2. 
Contents. The notice shall contain the following materials:
a. 
Notice Form. One copy of the completed notice form.
b. 
Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted.
c. 
Deadline. The written notice shall be served on the city by the property owner(s) at least ninety days, or on the property owner(s) by the city at least sixty days, before the annual renewal date of the contract.
3. 
Recordation. The notice of nonrenewal shall be recorded in the following manner:
a. 
Document Preparation. Once the notice is deemed complete and acceptable per subsection (A)(1)(c) of this section, the city clerk shall prepare all documents for recordation.
b. 
Forwarded for Recordation. The city clerk shall forward the notice to the county recorder's office for recordation.
c. 
Mailing of Copies. A copy of the recorded notice shall be mailed to the following:
i. 
The property owner(s),
ii. 
The director of conservation, and
iii. 
The county assessor.
d. 
December Deadline. The notice shall be recorded in the county recorder's office before December 1st in order to be processed for the following March 1st lien date, in compliance with state law (California Government Code Section 51245).
e. 
Terminates in Ten Years. The notice of nonrenewal terminates the contract in ten years, in compliance with state law (California Government Code Section 51246(a)).
f. 
Assessment. During this ten-year nonrenewal period, the assessment of the subject property may incrementally increase.
F. 
Cancellation.
1. 
Filing.
a. 
Initiation. A petition for cancellation may only be initiated by the property owner(s), consistent with California Government Code Section 51281.
b. 
The petition for cancellation shall be filed with the planning division of the city's community development department.
2. 
Contents. The petition for cancellation shall contain the following materials:
a. 
Petition Form. One complete copy of the city's required form.
b. 
Preliminary Title Report. One copy of a current preliminary title report. Title reports more than six months old at time of application are not considered current and shall not be accepted.
c. 
A copy of the contract under which the parcel(s) are encumbered.
d. 
A current assessor's parcel map showing the contracted parcels.
e. 
Additional Information. Any additional information the director determines to be necessary to process the petition.
3. 
Tentative Cancellation of Contract.
a. 
Notice. Notice of a public hearing shall be given as follows:
i. 
Notice to Director of Conservation. Notice shall be provided to the director of conservation, along with the required findings, at least thirty days prior to a public hearing at which the city council will take action on the tentative cancellation.
ii. 
Published Notice. A notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing.
iii. 
Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within five hundred feet, other concerned agencies, and the department of conservation.
4. 
Review Procedure. The council shall conduct a public hearing for a tentative cancellation of the contract.
5. 
Findings. The council may grant cancellation of the contract only if all the findings in this subsection can be made in a positive manner:
a. 
The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:
i. 
For property on which a notice of nonrenewal has been served in compliance with state law (California Government Code Section 51245);
ii. 
Not likely to result in the removal of adjoining lands from agricultural use;
iii. 
For an alternative use of land which is consistent with the land uses, objectives, policies, and programs of the general plan and any applicable PD zoning;
iv. 
Intended to ensure/maintain a contiguous pattern of urban development; and
v. 
In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land.
6. 
The cancellation is in the public interest. This finding can only be made if:
a. 
Other public considerations substantially outweigh the objectives of the Williamson Act; and
b. 
There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.
7. 
Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within thirty days of the council's decision, with a copy to the director of the department of conservation, in compliance with California Government Code Section 51284, and to the county assessor's office.
8. 
Recordation. The city clerk shall record the certificate of tentative cancellation with the county recorder in compliance with California Government Code Section 51283.4(a).
G. 
Fees. Prior to giving approval to any contract cancellation, the city council shall determine and certify the cancellation fee pursuant to California Government Code Section 51283 or 51297. Cancellation fees that are not paid within one year of the recording of the certificate of tentative cancellation will be recomputed as of the date of notice (California Government Code Section 51283.4(a) and (b)).
1. 
Cancellation Fee Waiver. If it finds that it is in the public interest, the city council may waive any payment or any portion of a payment by the landowner. It may extend the time for making the payment, or a portion of the payment, contingent upon the future use made of the land, and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been cancelled, if all of the following occur:
a. 
The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner.
b. 
The city council has determined it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required.
c. 
The waiver or extension of time is approved by the secretary of the resources agency. The secretary will approve a waiver or extension of time only on the finding that the granting of the waiver or extension of time by the local agency is consistent with the policies of the Williamson Act and that the local agency complied with the act in approving the cancellation. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the city council, the evidence in the record of the council, and any other evidence received concerning the cancellation, waiver, or extension of time (California Government Code Section 51283(c)).
2. 
Recordation. The cancellation of a contract shall not be final until the community development director is satisfied that any required conditions have been fulfilled and the certificate of cancellation is recorded pursuant to California Government Code Section 51283.4(a).
H. 
Precedence.
1. 
If any part of this chapter is found to conflict with any part of state law governing Land Conservation Act of 1965 contracts, the applicable section of state law shall prevail.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.16.140 Nonconforming permit.

A. 
Purpose. The purpose of the nonconforming permit is to allow for individual review of requests to expand or modify a nonconforming structure that was constructed prior to the establishment of zoning regulations. The continuation of the nonconformity shall only be permitted if the use and structure is generally compatible with the surrounding neighborhood and does not place an undue burden on neighboring properties.
B. 
Applicability. Nonconforming permits may only be requested and considered for nonconforming uses and structures on property zoned downtown residential (DR). In order to apply for a nonconforming permit the structure must have been built prior to January 1, 1994. This permit cannot be used to allow the continuation of a nonconforming use.
C. 
Permit Requirements. A nonconforming permit is required for the expansion or modification of existing nonconforming structures.
D. 
Approving Authority. The planning director shall have approval authority for all nonconforming permits.
E. 
Required Findings. A nonconforming permit shall be granted only when the planning director determines that the proposed structure complies with all of the following findings:
1. 
The structure as proposed will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood or to the general welfare of the city.
2. 
The benefit to the public health, safety, or welfare exceeds the detriment inherent in the continuation or expansion of nonconformity.
3. 
The modified or expanded nonconforming structure would not be incompatible with reasonably foreseeable uses as allowed under the applicable zoning regulations.
F. 
Conditions/Guarantees. The director may impose conditions and/or require guarantees for the nonconforming permit to ensure compliance with this section and other applicable provisions of this title and to prevent adverse or detrimental impact to the surrounding neighborhood.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.010 Purpose.

The purpose of this chapter is to establish permits and entitlements that are decided by the planning commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 18.14 (General Application Processing).
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.020 Conditional use permit.

A. 
Purpose and Intent. The purpose of the conditional use permit is to ensure the proper integration of uses which, because of their special nature and/or potential for becoming a nuisance, may be suitable only in certain locations or zoning districts and then only when such uses can be controlled or designed in a particular manner. Conditional uses often involve such factors as noise, dust, dirt, litter, fumes, odors, vibrations, traffic congestion, and other problems or hazards of various kinds.
Uses set forth in this title as conditional uses, including all matters relating to their establishment, operation, and maintenance, are determined to be of such a nature and character as to preclude listing them as permitted uses in any district without special review. The special review shall be for the purpose of determining whether each proposed conditional use is, and will continue to be, compatible with its surrounding, existing and planned uses and whether it will conform to the requirements of the district in which it will be situated, and to other applicable requirements under this title, and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and continued compatibility of the use in its immediate neighborhood and within the surrounding area.
B. 
Review Process.
1. 
The planning commission, in accordance with provisions of this division, may approve, conditionally approve, or deny an application for a conditional use permit and in granting approval may impose such requirements and conditions with respect to location, siting, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the public welfare. The granting of a conditional use permit shall not exempt the applicant from complying with the requirements of the city's building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
2. 
The application shall be accompanied by plot plans, elevations, landscaping plans, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director, and in such detail as may be required in order to adequately review the application and evaluate its effect on surrounding properties.
3. 
Public hearing is required for a conditional use permit. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
4. 
Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the conditional use permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the conditional use permit.
C. 
Findings. In order to grant a conditional use permit, the planning commission shall make all of the following findings:
1. 
The requested conditional use permit is consistent with the city general plan and this title.
2. 
The establishment, maintenance, or operation of the proposed use or structure will conform to the requirements and the intent of this title; and such proposed use or structure will not, under the circumstances of the particular case or as conditioned, be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the proposed use, or to the general welfare of the city.
D. 
Time Limits and Extensions. A conditional use permit shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the conditional use permit is effectuated. A conditional use permit may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
E. 
Permit Runs with Land. Unless otherwise specified in the conditions, a conditional use permit shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
F. 
Revocation. A conditional use permit granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A conditional use permit may also be revoked consistent with provisions in Section 18.14.110 (Revocation).
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.030 Variance.

A. 
Purpose and Intent. The purpose of a variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property, such as size, shape, topography, or location, deprive such property of privileges enjoyed by other properties in the vicinity and in the same district (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
B. 
Applicability. A variance may be granted for any exception to the requirements of this title. However, a variance from this title may not be granted to do any of the activities listed below.
1. 
Allow a land use not otherwise permitted in the zoning district.
2. 
Increase the maximum allowed residential density except as allowed by state law.
3. 
Waive or modify a procedural requirement.
C. 
Review Process.
1. 
The application shall be accompanied by plot plans, elevations, landscaping plans, data, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director, and in such detail as may be required in order to adequately review the application and evaluate that the conditions set forth in this chapter apply to the subject property. The applicant shall have the burden of providing the facts necessary to establish the existence of such conditions. An application for a variance shall be accompanied by a fee in a sum to be established by the city council by resolution.
2. 
Public hearing is required for a variance. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
3. 
The planning commission may approve, conditionally approve, or deny an application for a variance, and in granting approval may impose such requirements and conditions with respect to location, construction, maintenance, operation, duration, and any other aspect of the use as may be deemed necessary for the protection of adjacent properties and uses and the public welfare. The granting of a variance shall not exempt the applicant from complying with the requirements of the city's building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
4. 
Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the variance, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the variance.
D. 
Findings. In order to grant a variance, the planning commission shall make all of the following findings:
1. 
There are exceptional or extraordinary circumstances or conditions applying to land, buildings, or uses referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district.
2. 
The granting of such application will not, under the circumstances of the particular case or as conditioned, materially affect adversely or be injurious or detrimental to the health, safety, or general welfare of persons or property in the vicinity of the subject site, or to the general welfare of the city.
3. 
The strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.
4. 
The granting of such variance shall not constitute a special privilege.
E. 
Precedents. The granting of a prior variance shall not set a precedent for the granting of a further variance, and each application shall be considered only on its individual merits.
F. 
Time Limits and Extensions. A variance shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the variance is effectuated. A variance may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
G. 
Variance Runs with Land. Unless otherwise specified in the conditions, a variance shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
H. 
Revocation. A variance granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A variance may also be revoked consistent with provisions in Section 18.14.110 (Revocation).
I. 
New Applications. Following the denial or revocation of a variance, no application for the same or a substantially similar variance on the same site shall be filed within one year of the denial, unless it can be shown that there has been a change in the property or its environs which substantially affects a condition upon which a variance is based.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.040 Architectural and site plan review.

A. 
Purpose and Intent. It is determined that inadequate design and planning relating to the proposed development and future maintenance of buildings, structures, signs, off-street parking, landscaping, and other similar site improvements adversely affects the value of both improved and unimproved real property for residential, commercial, industrial, or other uses. This chapter establishes architectural and site plan review procedures which are intended to promote more comprehensive and proficient design and planning and thereby achieve the following objectives:
1. 
To promote orderly and compatible development in the city, thereby preserving and enhancing the value of real property and improvements thereon.
2. 
To ensure that site development, the exterior appearance of buildings, landscaping, signage, and other structures are in substantial compliance with standards and guidelines which maximize aesthetic considerations and minimize adverse environmental impacts upon the surrounding area.
3. 
To protect the public health, welfare, and safety by encouraging the most appropriate uses of real property within the city.
B. 
Applicability. Whenever a development project is proposed and/or an application is made for a building permit to establish, construct, convert, move, structurally alter, or occupy a lot or other parcel of real property, an application for architectural and site plan review shall be required. However, the planning director may determine that the proposed project is "aesthetically insignificant" and may require a lesser administrative design review (Section 18.16.120, Minor design review).
C. 
Submittal Requirements. All applications for architectural and site plan review shall be submitted on the required city form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
D. 
Review Process.
1. 
The planning commission, in accordance with provisions of this title, may approve, conditionally approve, or deny an application for architectural and site plan review, and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to adopted design review guidelines, site layout, location of open space, building design, building siting, compatibility with surrounding land and development, and other associated items as determined by the planning commission.
2. 
Public hearing is required for architectural and site plan review. Public hearing and notice shall be provided consistent with the provisions of Section 18.14.050 (Public hearing and public notice).
3. 
Upon the decision to approve, conditionally approve, or deny an application, the planning director, or his or her designee, shall have prepared a notification of decision, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the decision.
E. 
Findings. In order to grant approval of an architectural and site plan review, the planning commission must make all of the following findings:
1. 
The architectural and general appearance of the structures and grounds shall have architectural unity and be in keeping with the character of the neighborhood as not to be detrimental to the orderly and harmonious development of the city, or to the desirability of investment or occupation in the neighborhood.
2. 
The site plan is consistent with this title, any applicable specific plan, any adopted development standards and design guidelines, and the general plan.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.050 Alteration permit.

A. 
Alteration Permit Required. It is unlawful for any person to tear down, demolish, construct, alter (utilizing materials not compatible with existing or original materials), remove, or relocate any improvement, or any exterior portion thereof, which has received a historic designation, or to alter in any manner any exterior architectural feature of such a historic designated site, landmark, or improvement, including, but not limited to, roofs, eaves, fascia and siding, masonry walls and supports, porches, landings, outside stairs, columns, windows and frames, and auxiliary buildings without first obtaining approval to do so in the manner provided in this chapter.
B. 
Alteration Permit Procedure. The following procedures shall be followed in processing applications for permit approval for work covered by this chapter:
1. 
The building official shall report any application for a building permit to work on a designated historic site, landmark, improvement, or historic district to the planning director.
2. 
If no building permit would otherwise be required pursuant to this code, application for approval to pursue work on a designated historic site, landmark, or improvement, or within a historic district, shall be made to the planning director who will then present such applications to the commission.
3. 
All such applications shall be accompanied by the following:
a. 
A clear statement of the proposed work;
b. 
Plans describing the size, characteristics, and appearance of the proposed work and its relationship to adjacent structures, if any;
c. 
A site plan showing all existing buildings and structures and the proposed work;
d. 
Reasons for the proposed work, or demolition if demolition is proposed;
e. 
Property owner's concurrence, if applicant is not the property owner.
C. 
Any other materials considered by the planning director or planning commission to be reasonably necessary for the proper evaluation of the proposal.
D. 
Public Hearing. The planning commission shall hold a public hearing on the application. Notice of such hearing shall be given as required by state law. The planning commission shall complete its review and make a decision within fifty days of the date of receipt of the completed application.
E. 
Findings. The planning commission, or the city council upon appeal, may approve, approve with modifications, or disapprove an alteration permit based on the following criteria and pursuant to Section 18.54.030(C) (Powers and Duties) for the historic preservation overlay district. Prior to approval, or approval with modifications, the planning commission, or the city council upon appeal, shall find that:
1. 
The action proposed is consistent with the purposes of this chapter.
2. 
The action proposed will not detrimentally alter, destroy, or adversely affect any exterior architectural feature, or character of a historical site, building, landmark, structure, district, or improvement.
3. 
In the case of construction of a new improvement, building, or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, structures, and features on and around said site.
4. 
If applicable, the applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.18.060 Creative sign permit.

A. 
Purpose. The purpose of a creative sign permit is to provide a process for property owners and businesses to propose, and for the city to consider special deviations from the regulations for on-site permanent signs provided in this title under certain limited circumstances. The creative sign permit also provides a process for the city to review special signage types prior to issuance of a sign permit. The intent of the creative sign permit is to:
1. 
Encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
2. 
Provide a process for the application of sign regulations in ways that will allow creatively designed signs that make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
B. 
Applicability. An applicant may request approval of a creative sign permit in order to allow a sign that may require standards that differ from the signage provisions of this title, but complies with the purpose and findings for a creative sign permit. Establishments that are eligible for a creative sign permit include any commercial, office, or industrial use in the city.
C. 
Approving Authority and Procedures.
1. 
The planning commission, or his or her designee, shall be the designated approving authority for creative sign permit.
2. 
Multiple Signs. One creative sign permit application may be submitted for multiple signs, provided all signs are on the same property and/or as part of the same tenant. In such instances, the application may be granted in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, a written notice shall specify the ground(s) for such denial.
D. 
Review Process.
1. 
The planning commission, in accordance with provisions of this division, may approve, conditionally approve, or deny an application for a creative sign permit and in granting approval may impose such requirements and conditions with respect to location, siting, construction, maintenance, operation, and any other aspect of the use as may be deemed necessary for the protection of the public welfare. The granting of a creative sign permit shall not exempt the applicant from complying with the requirements of the city's building codes, other requirements of this code, or other city, county, state, or federal requirements which may be applicable.
2. 
The application shall be accompanied by plot plans, elevations, landscaping plans, and any additional maps, drawings, and/or materials as may be deemed necessary by the planning director and in such detail as may be required in order to adequately review the application and evaluate its effect on surrounding properties.
3. 
Public hearing is required for a creative sign permit. Notice and hearing shall be provided in accordance with Section 18.14.050 (Public hearing and public notice).
4. 
Upon the approval of an application, the planning director, or his or her designee, shall have prepared an approval notification that will constitute the creative sign permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning department, and one copy of which shall be forwarded to the building official. In addition, a copy shall be forwarded to any other department or agency the planning director considers affected by the issuance of the permit.
E. 
Deviations Allowed. The following types of deviations from the signage standards of this title may be requested by the applicant for a creative sign permit and may, upon written findings, be approved by the approving authority:
1. 
Increases in maximum allowed area for permanent signs on the subject site;
2. 
Allowances for types of lighting not otherwise permitted by this title;
3. 
Allowances for types of signs not specifically permitted by this title; and
4. 
Allowances for signs to exceed the maximum height requirement(s).
F. 
Considerations and Basis for Deviations. In approving an application for a creative sign permit and any deviations from the signage standards of this title, the designated approving authority shall ensure that the proposed sign meets the following criteria:
1. 
Design Quality. The sign shall:
a. 
Have a positive visual impact on the surrounding area;
b. 
Be of unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c. 
Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
2. 
Contextual Criteria. The sign shall contain at least one of the following elements:
a. 
Classic historic design style;
b. 
Creative image reflecting current or historic character of the city; or
c. 
Inventive representation of the logo, name, or use of the structure or business.
3. 
Architectural Criteria. The sign shall:
a. 
Utilize or enhance the architectural elements of the building; and
b. 
Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.
c. 
Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.
G. 
Findings. A creative sign permit shall be granted only when the designated approving authority makes all of the following findings:
1. 
The proposed creative sign permit is consistent with the objectives of the general plan;
2. 
The proposed signage is consistent with the purposes of the creative sign permit; and
3. 
The proposed deviations from the signage standards of this title are consistent with the considerations and basis for deviations listed in this title.
H. 
Time Limits and Extensions. A creative sign permit shall be in effect for the duration of the use, or for a time period or periods specified in the conditions of approval, or until such time as a revocation of the permit is effectuated. A creative sign permit may be extended in accordance with provisions of Section 18.14.090 (Permit time limits and extensions).
I. 
Permit Runs with Land. Unless otherwise specified in the conditions, a conditional use permit shall apply to the property for which it was granted and shall be transferable to any future owner or tenant thereof.
J. 
Revocation. A creative sign permit granted in accordance with the terms of this chapter shall be deemed revoked if not exercised within one year from date of approval. A creative sign permit may also be revoked consistent with provisions in Section 18.14.110 (Revocation).
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.010 Purpose.

The purpose of this chapter is to establish permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, unique review process, findings for approval, and conditions. General processing procedures are established in Chapter 18.14 (General Application Processing).
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.020 Planned development.

A. 
Purpose and Intent. The application of the conventional regulations can stifle creative planning and design efforts. The planned development entitlement allows for the approval of projects with the (PD) district overlay zoning designation. Planned developments are intended to apply to integrated development as a means of providing opportunities for creative and cohesive design concepts for a range of project types and sizes. The planned development entitlement is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes, and open spaces, while ensuring compliance with, and implementation of, the general plan. Additional objectives include the provision of development consistent with site characteristics, creation of optimum quantity and use of open space, encouragement of good design, and promotion of compatible uses.
B. 
Applicability. A planned development entitlement (formerly development plan) is required for any proposed development on property zoned planned development (PD) on the city's zoning map. The approval of a PD district designation on the zoning map is a legislative act which must precede approval of a planned development. For additional information on the zoning map amendment process, see Section 18.20.050 (Zoning ordinance/map amendment).
1. 
Projects with a land area five acres or greater, or projects with construction square footage of thirty thousand square feet or greater shall be subject to the planned development review process.
C. 
Planned Development Process. The planned development entitlement (formerly development plan) is decided by the city council at a public hearing, after planning commission consideration and recommendation with a public hearing. Public hearings and notices shall be provided consistent with requirements of Section 18.14.050 (Public hearing and public notice).
1. 
Planned developments shall be adopted by resolution of the city council.
2. 
The city council, in accordance with provisions of this title, may approve, conditionally approve, or deny an application for a planned development and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to the general plan, zoning code, and community design guidelines, compatibility with surrounding land and development, and other associated items as determined by the city council.
3. 
Administrative Amendments. Amendments to an approved development or its conditions of approval may be approved by the planning director, or his or her designee, if he or she determines that the amendments are minor in character and are in substantial compliance with the previously approved plan.
4. 
Nonadministrative Amendments. If the planning director, or his or her designee, determines that a proposed amendment to an approved development or its conditions of approval would substantially affect the subject land area, or would constitute a substantial change to the approved planned development or its conditions of approval, then the amendment shall be processed and considered for approval in the same manner as the original application.
D. 
Planned Development Requirements. All applications for planned development shall be submitted on the required city form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
E. 
Design Objectives. Within the PD proposal, the applicant shall state how the following design objectives will be addressed:
1. 
The bulk and height of buildings, land coverage, visual appearance from adjacent land, and design compatibility with on- and off-site structures and land uses;
2. 
The design of structures, to provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area;
3. 
The provisions of an efficient, direct, and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas; and
4. 
The integration of off-street parking and loading areas into the overall vehicular circulation system.
F. 
Other Requirements. The city council may require standards, regulations, limitations, and restrictions which are either more or less restrictive than those specified elsewhere in this code, which are designed to protect and maintain property values and amenities in the community, and which foster and maintain the health, safety, and general welfare of the community, including, without limitation, any of the following:
1. 
Limitations on height of buildings and structures;
2. 
Percentage limitations on coverage of land by buildings and structures;
3. 
Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;
4. 
The location, width, and improvement of vehicular and pedestrian access to various portions of the property, including that within abutting streets;
5. 
Planting and maintenance of trees, shrubs, plants, and turf in accordance with a landscaping plan;
6. 
Construction of fences, walls, and lighting;
7. 
Limitations upon the size, design, number, lighting, and location of signs and advertising structures;
8. 
Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;
9. 
Location and size of off-street loading areas;
10. 
Limitations on the use of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke vibration, glare, or radiation incompatible with present or potential development of surrounding property;
11. 
Architectural design of buildings and structures;
12. 
Requiring instruments of credit, bonds, or any other form of security which is acceptable to ensure development as approved; and
13. 
The naming of roads and streets in accordance with city policy.
(Ord. 738 § 1 (Exh. A) (part), 2013; Ord. 767 (part), 2014)

§ 18.20.030 Master plan.

A. 
Purpose. The purpose of a master plan is to allow for the coordinated comprehensive planning of a subarea of the city in order to accomplish any of the following objectives:
1. 
Protect a unique environmental, historical, architectural, or other significant site feature that cannot be adequately protected by adoption of another land use zone.
2. 
Allow the development of an exceptional project design that cannot be built under an existing zoning district or due to constraints of existing development standards.
3. 
Further the implementation of specific goals and policies of the city as provided in the general plan.
4. 
"Plan ahead"
and look beyond the limits of a particular property to solve circulation, drainage, and neighborhood compatibility problems.
5. 
Provide flexibility for developments beyond conventional zoning regulations to address special or unique needs or characteristics.
B. 
Applicability. A master plan is required to meet the master planning (planned development) requirements of the general plan.
1. 
Residential expansion area identified in the general plan.
2. 
Mixed-use hillside development as identified in the general plan.
3. 
Other areas as determined by the planning director, planning commission, and/or city council.
C. 
Master Plan Requirements. Each master plan application shall include the following:
1. 
Land Use Plan. A land use diagram that clearly identifies the uses allowed in each neighborhood based on the land use designations described in Part I—Land Use Diagrams and Standards. The qualities desired in residential expansion areas shall include, but are not limited to, the following:
a. 
A mix of housing products and densities serving the broadest range of households, incomes, and ages.
b. 
A neighborhood center containing higher-density residential development, retail, restaurants, entertainment, office, and public uses within a short walk or bicycle ride of surrounding residences.
c. 
Parks, schools, and other public/quasi-public uses within a short walk or bicycle ride.
d. 
A complete and interconnected system of mobility consisting of roadways, bicycle and pedestrian paths, and transit stops.
e. 
Short blocks with a substantial tree canopy shading the street and sidewalk.
f. 
Connectivity to surrounding neighborhoods, regional retail centers, and employment.
g. 
A sense of personal safety.
h. 
Elements that foster the sustainable use of scarce or nonrenewable resources. Additional qualities as determined appropriate by the city council on a case-by-case basis consistent with the policies and implementation measures of the general plan.
2. 
Services and Infrastructure Plans. Infrastructure plans for water supply, wastewater collection and treatment, storm water runoff, and circulation shall be required. In addition, the master plan shall describe the provision of necessary facilities, equipment, and staffing for police and fire protection, parks and recreation, and schools.
3. 
Infrastructure Financing Program. Infrastructure financing program which sets forth the method of revenue generation (e.g., special district, etc.) and the obligations of the project and the city toward the cost of infrastructure necessary to serve the project.
4. 
Phasing Plan. Phasing plan which describes the following:
a. 
The boundaries of each phase reflecting a logical order of development.
b. 
The number of dwelling units in each phase by tenure and target income group, and the acreage and estimated building floor area for each nonresidential land use type.
c. 
Infrastructure plans for each phase, including water supply, wastewater collection, storm drainage, and circulation, along with the location and acreage designated for other public facilities required for each phase. Such facilities may include, but are not limited to, school sites, police and fire protection facilities, and parks.
D. 
Review Process.
1. 
A master plan may be initiated by motion of the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the master plan, or by recommendation of the planning director for any reason beneficial to the city.
2. 
The designated approving authority for a master plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves or denies the master plan by resolution in accordance with the requirements of this title.
3. 
Public hearings and notice shall be consistent with the requirements of Section 18.14.050 (Public hearing and public notice).
E. 
Findings. A master plan shall not be adopted unless the following findings are made:
1. 
The proposed master plan is consistent with the goals, policies, and objectives of the general plan.
2. 
The proposed master plan meets the requirements set forth in this title.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.040 Specific plan.

A. 
Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan serves as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section describes the process for adopting and amending specific plans and approving subsequent development under a specific plan.
B. 
Applicability. The general plan identifies certain new development areas of the city which require a specific plan or master plan (planned development) to implement general plan policies. Specific plans are also encouraged if they will lead to more effective implementation of the general plan.
C. 
Review Procedure.
1. 
The designated approving authority for a specific plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves by ordinance or denies the specific plan in accordance with the requirements of this title.
2. 
Public hearing and notice shall be provided consistent with Section 18.14.050 (Public hearing and public notice).
3. 
An amendment to specific plan text and map may be initiated by the planning commission or the city council, or may be initiated by the original applicant for the specific plan district or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone.
D. 
Specific Plan Contents. In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the city's content requirements for an application:
1. 
Statement of relationship of the specific plan to the general plan.
2. 
Policies for development and standards for regulating development within the plan area.
3. 
The proposed land uses for all areas covered by the plan.
4. 
The types and configurations of buildings to be included in all developments within the plan area.
5. 
The location of and types of streets.
6. 
Public facilities and infrastructure required to serve developments within the specific plan area.
7. 
A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. 
Proposed conservation, open space, and/or recreation areas, if any.
9. 
Any other programs, guidelines, or standards appropriate for the area covered by the specific plan.
E. 
Environmental Review. The majority of specific plans will require the preparation of an environment impact report (EIR) under the California Environmental Quality Act and Guidelines. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
F. 
Approval Findings. The following findings shall be made prior to the approval of a specific plan:
1. 
The proposed specific plan is consistent with the goals, policies, and objectives of the general plan, development agreement, or other implementation instrument.
2. 
The proposed specific plan will not adversely affect surrounding properties.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.050 Zoning ordinance/map amendment.

A. 
Purpose. The purpose of a zoning code/map amendment is to allow modification to any provisions of this title (including adoption of new regulations or deletion of existing regulations), or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with California Government Code Section 65853.
B. 
Review Process.
1. 
A zoning code/map amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the zoning code/map amendment, or by recommendation of the planning director.
2. 
The designated approving authority for a zoning code/map amendment is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which shall include the reasons for the recommendation and the relationship of the proposal to the general plan and any specific plans. The city council approves by ordinance or denies the zoning code/map amendment in accordance with the requirements of this title.
3. 
Public hearing and notice shall be provided consistent with Section 18.14.050 (Public hearing and public notice).
C. 
Findings. Zoning code/map amendments may be approved only when the city council finds the following:
1. 
The zoning code/map amendment is consistent with the general plan goals, policies, and implementation programs.
2. 
The zoning code/map amendment is desired by public necessity, convenience, and general welfare.
3. 
The zoning code/map amendment will result in an orderly planning use of land resources.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.060 Prezoning.

A. 
Purpose. The purpose of prezoning is to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.
B. 
Review Process. The method of accomplishing prezoning shall be the same as for zoning amendment as provided in Section 18.20.050 (Zoning ordinance/map amendment). Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-district designation for property outside the city, the zoning map shall be revised to show the potential or "pre-district" classification to become effective upon annexation, and shall identify each district or districts applicable to such property with the label of "PRE-DISTRICT" in addition to such other map designation as may be applicable.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.070 Development agreement.

A. 
Authority and Purpose. This chapter is adopted pursuant to the provisions of California Government Code Sections 65864 and 65869.5. The purpose of adopting this chapter is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.
B. 
Applicants. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the property which is proposed to be the subject of the development agreement. The planning director may require an applicant to submit proof of his or her legal or equitable interest in the real property and of the authority of any agent of applicant to act for applicant.
C. 
Application and Fee. Application and fee shall be provided in accordance with provisions of Section 18.14.020 (Application and fee). At a minimum, the development agreement application shall contain the following information:
1. 
The property lines for the properties within three hundred feet of the exterior boundary lines of the subject property.
2. 
A clear indication of the names of all the streets and of the assessor's parcel numbers of each parcel shown on the map that is the subject of the agreement.
3. 
The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map.
4. 
The legal description or other description acceptable to the planning director.
5. 
The proposed use or uses, density, or intensity of use of the property, the maximum height and size of any proposed buildings, the proposed duration of the agreement, and any proposed reservations or dedications of land for public purposes.
D. 
Development Agreement Contents.
1. 
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes.
2. 
The development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions as well as other discretionary actions taken by the city concurrent with, or applicable to, said project; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions and concurrent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.
3. 
The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
4. 
The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
E. 
Review Process.
1. 
The designated approving authority for a development agreement is the city council, which shall hold a public hearing prior to taking action.
2. 
The planning commission shall hold a public hearing and provide a recommendation.
3. 
Public hearing and corresponding notice shall be consistent with provisions of Section 18.14.050 (Public hearing and public notice).
4. 
The city council approves by ordinance or denies the development agreement in accordance with the requirements of this title.
F. 
Planning Commission Findings. After the public hearing by the planning commission, which may be held in conjunction with other required hearings for the project, the planning commission shall make its recommendation in writing to the council. The recommendation shall include findings on the planning commission's determination of whether or not the proposed development agreement:
1. 
Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan.
2. 
Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.
3. 
Is in conformity with the public convenience and general welfare and good land use practices.
4. 
Will be detrimental to the health, safety, and general welfare.
5. 
Will adversely affect the orderly development of property or the preservation of property values.
6. 
Will provide sufficient benefit to the city to justify entering into this agreement.
G. 
City Council Action. After holding a public hearing, the city council may accept, modify, or disapprove the recommendation of the planning commission. If the city council approves the development agreement, it shall do so by the adoption of an ordinance as required by California Government Code Section 65867.5. After the ordinance approving the development agreement takes effect, the city may enter into and execute the agreement.
H. 
Initiation of Amendments or Cancellation. Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall be the same as the procedure for entering into the development agreement in the first instance herein (California Government Code Section 65868). However, where the city initiates the proposed amendment or cancellation of the development agreement, the city shall first give at least thirty days' notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.
I. 
Recordation of Agreements, Amendments, or Cancellation.
1. 
Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.
2. 
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in California Government Code Section 65868, or if the city terminates or modifies the agreement as provided in California Government Code Section 65865.1 for the failure of the application to comply in good faith with the terms or conditions of the agreement, the city clerk shall likewise record notice of such action with the county recorder.
J. 
Review of Agreements.
1. 
The planning department shall review the development agreement every twelve months after the date the agreement is entered into, until the project is fully implemented. After full project implementation, the city shall review the development agreement as often and in the manner as may be specified within the terms of each specific development agreement.
2. 
The planning department shall begin the review proceeding by giving notice to the property owner that the city intends to undertake a periodic review of the development agreement of the property owner. The department shall give the notice at least thirty days in advance at the time at which the matter will be considered by the planning commission and city council.
3. 
The planning commission and city council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner.
(Ord. 738 § 1 (Exh. A) (part), 2013)

§ 18.20.080 General plan amendment.

A. 
Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).
B. 
Review Process.
1. 
The designated approving authority for general plan amendments is the city council, which shall hold a public hearing prior to taking action.
2. 
The planning commission shall hold a public hearing and provide a recommendation.
3. 
Public hearing and corresponding notice shall be consistent with provisions of Section 18.14.050 (Public hearing and public notice).
4. 
The city council approves by resolution or denies the general plan amendment in accordance with the requirements of this title.
C. 
Frequency of Amendment. Pursuant to California Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
D. 
Initiation of Amendment. A general plan amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the planning director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E. 
Findings. The city council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan.
(Ord. 738 § 1 (Exh. A) (part), 2013)