No adult business may be established within the city by right. All persons wishing to establish an adult business within the city shall apply for and receive an Adult Use Development Permit under this Chapter.

It is the burden of the applicant to supply evidence to justify the approval of an Adult Use Development Permit.

Any person desiring to operate or establish an adult business within the City shall file for an Adult Use Development Permit application with the Planning Division using a standard application form supplied by the Planning Division.

Following the completion of the review, the Planning Commission shall notice and conduct a public hearing, as prescribed in Chapter 18.205 (Noticing Requirements) of this Title, on the application for an Adult Use Development Permit.

Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

The proposed adult use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter;

The proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria established in the Transportation and Circulation Element of the General Plan. If the City's established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service;

The proposed site is adequately served by other public and private service facilities for the proposed adult use;

The proposed adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use closest to the lot line of the residential land use designation, along a straight line extended between the two points;

The proposed adult use is not located within an 800-foot radius of an existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points;

The proposed adult use is not located within an 800-foot radius of a religious institution, as defined in Section 18.210.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the structure housing the religious institution;

The proposed adult use is not located within 1,000 feet of any other adult use that is located either within or outside the jurisdiction of the City. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and

Neither the applicant (if an individual) or any of the officers or general partners (if a corporation or partnership) have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the State of California as a sex or sex-related offense.

The business or activity has been conducted in a manner which:

The permittee has failed to obtain or maintain all required City, County, and/or State of California licenses and permits;

The permittee has misrepresented a material fact in the permit application or has not answered each question truthfully;

Changes in on-site conditions has resulted in the adult business having insufficient on-site parking as established in Chapter 18.80 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking;

The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards established in the Uniform Building, Uniform Plumbing or Uniform Fire Code;

The adult business creates sound levels which violate the City's established noise thresholds;

The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State of California as a sex or sex-related offense during the period of the adult business's operation; or

The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence;

A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process.

A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original permit approval and is approved by the homeowners' association, if applicable;

A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI zoning district that is consistent with the original permit approval;

An addition or repair to an existing structure if the exterior is not altered.

The Zoning Administrator may, in their discretion, refer an Architectural Review Permit application directly to the Architectural Review Commission.

A complete application and all applicable materials and information as required by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

The Architectural Review Commission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.205 (Noticing Requirements). No notice or public hearing is required for an application being considered by the Zoning Administrator or for streamlined ministerial review under this Section.

Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

A decision of the Zoning Administrator under this Chapter may be appealed to the Architectural Review Commission in compliance with Chapter 18.185 (Appeals and Calls for Review).

A decision of the Architectural Review Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review).

Excellence of design;

Height, mass, and coverage of buildings;

Colors, materials, and types of building and installations;

Physical and architectural relation with existing and proposed structures in the area and to the location of the site within the City;

Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas;

Height, materials, colors, and variations in walls, fences, or screen planting;

Location and type of landscaping, including but not limited to setback areas and off-street parking areas;

Appropriateness of sign design and exterior lighting standards and devices and other building graphics, in compliance with criteria and sign design guidelines established in Section 18.95.070 (Specific Sign Standards) and Section 18.95.090 (Temporary Sign Standards); and

The extent of grading and its relationship to topography, as related to visual impacts.

The site demonstrates excellence in architectural design;

The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;

The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape;

Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site;

The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and

A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or

An Occupancy Permit has been issued; or

The approval is renewed by the Architectural Review Commission.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit.

Any new structure(s) designed for an occupancy load of 30 persons or more.

Lots zoned PUD.

An addition of 7,000 square feet or more to any existing structure, except for single-family residential structures.

A complete application and all applicable materials and information as provided by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

The Planning Commission shall hold a public hearing on an application for a Development Plan and notice such meeting in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice.

Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started;

A Certificate of Occupancy has been issued; or

The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Development Plan.

Fence or Wall Height. Up to a one foot increase in the maximum allowable height of a fence or wall established in Section 18.75.030 (Fence and Wall Standards).

Floor Area Ratio (FAR). A maximum increase of 10% of the existing FAR standard (e.g., if the FAR is 30%, the maximum potential increase would be 3%).

Landscaping Area. A decrease in minimum landscaping area, planting area, or dimensional requirements of not more than 20% of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter 18.25.030 (Development Standards for Commercial, Office, and Industrial Districts).

Loading. A decrease in the number of required loading spaces if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as landscaping, parking, or open space in addition to the minimum requirements established in Section 18.80.020 (General Requirements for Off-Street Parking and Loading) and Section 18.80.030 (Number of Spaces Required).

Lot Coverage. An increase of not more than 10% of the applicable lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30% a 10% increase would be 3%).

Lot Depth and/or Width. A decrease of not more than 10% of a minimum depth and/or width dimension, only if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet).

Open Space. A decrease of not more than 10% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Districts) and Section 18.15.040 (Additional Development Standards).

Projections. An increase of not more than 20% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, or steps into a required setback area, provided that the projection shall not be closer than three feet to any property line. Projections shall be measured from the required setback, not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Variance or Minor Exception in accordance with Section 18.55.080 (Structure Projections and Encroachments into Setbacks)).

Screening of Mechanical Equipment. Alternative methods of screening, including the use of paint or other stealthing or camouflaging techniques, if it is determined that other screening methods established in Section 18.75.040 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Title.

Minimum Setbacks. A decrease of not more than 20% of the applicable setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Minor Exception be approved for a main building or accessory structure that reduces setbacks to less than the following:

Accessory Structures.

Other Minor Exceptions. The Zoning Administrator may approve Minor Exceptions for other development standards established in this Title (excluding any increase in maximum building height and as noted above), provided that all the following requirements are met:

A complete application and all applicable materials and information as provided by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

Notice. Within 20 calendar days after the application is deemed complete, the Zoning Administrator shall notify all residents and property owners within 300 feet of the project site, Planning Commission, and City Council that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice.

Public Hearing.

Within 20 working days following the issuance of a public notice as specified in Subsection B.1 of this Section, or the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Exception application. The Zoning Administrator shall mail notice of the decision, including a description of the appeal process as specified in Chapter 18.185 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Planning Commission and City Council within 10 calendar days of the decision.

In the case of Planning Commission review, or City Council on appeal, the date of the decision is the date the Planning Commission or City Council adopts the resolution approving or denying the application(s).

A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or

A certificate of occupancy has been issued; or

The exception is renewed by the review authority which originally approved the Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

Any encroachment into the front setback area.

A reduction in required parking.

The privacy rights and reasonable request for confidentiality by an applicant, with

Requirements for notice and public hearing, factual findings, and rights to appeal established in this Title.

The applicant's name, address, and telephone number;

Address of the property for which the request is being made;

The name and address of the property owner, and the owner's written consent to the application;

The current actual use of the property;

The basis for the claim that the individual is considered disabled under the fair housing laws;

The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived;

A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disability to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with fair housing laws.

Within 30 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Reasonable Accommodation application, or refer the matter to the Planning Commission or Architectural Review Commission. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project site.

If the application for Reasonable Accommodation involves another discretionary decision, the review authority for that decision shall accept as final the determination regarding Reasonable Accommodation by the Zoning Administrator, unless the Reasonable Accommodation request has been referred to the Planning Commission or Architectural Review Commission for consideration.

If the application for Reasonable Accommodation is referred to, or reviewed by, the Planning Commission or Architectural Review Commission, a decision to approve, conditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing.

The housing will be used by a qualified person;

The requested accommodation is necessary to make specific housing available to a qualified person;

The requested accommodation would not impose an undue financial or administrative burden on the City; and

The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

An approved request for Reasonable Accommodation is subject to the applicant's compliance with all other applicable zoning regulations of this Title.

A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land.

A complete application and all applicable materials and information as provided by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.205 (Noticing Requirements).

Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

Within 10 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Sign Permit application.

If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission shall approve, conditionally approve, or deny an application within 20 working days following the close of the public hearing.

The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision.

Letter height and legibility.

Contrast-background relationship.

Placement and location.

Impact of other signs in the vicinity.

Average travel speed on adjacent streets.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit.

A complete application and all applicable materials and information as provided by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Architectural Review Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit.

The application for a Master Sign Program shall include all the following:

Plans drawn to scale, delineating the site proposed to be included within the Master Sign Program and the general location of all signs;

Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed;

Noticing and Public Hearing.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Architectural Review Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit.

Use Permit. A Use Permit is required for certain uses to be located within a zoning district. Generally, a Use Permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to determine compatibility with the surrounding area.

Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator.

Temporary Use Permit. An application for a Temporary Use Permit is governed by Chapter 18.160 (Use Permit, Temporary).

A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division.

The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter.

Use Permit. The Planning Commission, or the Zoning Administrator for a Minor Use Permit, shall hold a public hearing on an application for a Use Permit. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice.

Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements).

Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

Use Permit. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Use Permit application.

Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application.

Notice of Decision. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution.

The proposed use is consistent with the purposes of the residential zoning districts, as specified in Section 18.15.010 (Purpose and Intent of Residential Zoning districts).

The proposed use complies with the development and operational standards of PHMC § 18.20.075.

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

The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the review authority shall, at a minimum, consider factors such as:

A Use Permit or Minor Use Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

A Use Permit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Use Permit or Minor Use Permit for a residential use is not a binding precedent for future applications.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit.

Six times during any calendar year and for up to 14 days for each occurrence.

Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.

Variance. A Variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property.

Minor Variance. A Minor Variance is a variance in connection with property in a single-family zoning district.

A Variance may not be granted regarding use classifications or density.

A request for a Reasonable Accommodation in the application of zoning regulations for a disabled person is not considered a Variance or Minor Variance. See Chapter 18.135 (Reasonable Accommodation) for permitting requirements for Reasonable Accommodation requests.

Variance. The Planning Commission shall hold a public hearing on an application for a Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Development Plans, Use Permits or Variances on a single lot are filed at the same time, the Zoning Administrator shall schedule a combined public hearing. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted.

Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements).

Notice of public hearings shall be given in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice.

Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

Variance. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Variance application.

Minor Variance. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Variance application.

The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution.

A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or

A certificate of occupancy has been issued; or

The Variance or Minor Variance is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator's decision may be appealed to the Planning Commission.

If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance.

The issuance of a Building Permit or Grading Permit;

A new or change in use of a property, including the establishment of a new business;

Modifying, replacing, or constructing an accessory structure;

Replacing or constructing a fence or wall within a residential front or street side setback; or

A Section 6409(a) modification as specified by Chapter 18.110 (Wireless Telecommunications).

No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E of this Section.

Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications).

A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or

A Certificate of Occupancy has been issued; or

The use is established; or

The Zoning Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

A Zoning Permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.