1. Authority to hear and decide:

2. Authority to review and make recommendations to the city council on:

3. Authority to hear an appeal taken from any determination made by an administrative or appointed official, such as the community development department staff, community development director, or zoning administrator in the administration or enforcement of this title.

4. The planning commission shall recommend rules to the city council necessary for the conduct of its affairs in keeping with the provisions of this title. All meetings shall be open to the public. The planning commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the community development department.

1. Application Forms. Application for permits or amendments shall be made with the community development director on a prescribed form and shall include information that is necessary for adequate review of the application, such as plans, elevations, facts, and information deemed by the community development director to be necessary to show details of the proposed use or development. Applications shall include the property owner’s written authorization for any permit, permit amendment, or permit extension to be recorded against the property, and the appropriate fee, in accordance with the provisions of Section 17.04.030, Fees, unless otherwise indicated.

2. Supplemental Materials and Information. The community development director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other items necessary to describe existing conditions and the proposed project, and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Filing Date. The filing date for an application shall be the date an application is certified by the city to be complete pursuant to California Government Code Section 65943 et seq.

1. If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. The concurrent processing of other discretionary permits and approvals associated with but not required for the development of the project (e.g., development agreement) is encouraged.

2. When more than one permit or other discretionary approval is required and approval authority rests with both the planning commission and city council, the final action on all discretionary permits or other approvals shall be taken by the city council. In such cases, the planning commission’s actions shall consist of recommendations to the city council.

3. When a subdivision is proposed, the provisions of Title 16, Subdivisions, and this title shall apply. Approval authorities may combine in a single action or review such approvals as are required by this title and the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.

1. The city may, when the community development director deems it appropriate, require an applicant to deposit funds with the city from which the costs described in this section will be paid. Any remaining unused balance will be returned to the applicant within a reasonable time after a final decision on the application has been made.

2. No development application may be filed without a deposit in an amount estimated to cover processing costs unless payment of processing fees has been waived by action of the city council, or the applicant is a public entity exempted from payment of such fees. The city shall make subsequent periodic invoices to ensure that the balance in the project account remains sufficient to cover anticipated processing costs, and it shall be the responsibility of those liable for payment to make such payments.

3. Each applicant for, or operator of, a development project, as well as the owner of the subject property, if different, shall be liable for payment of all processing fees associated with the development project.

1. Any city body with the authority to approve or conditionally approve or deny a development project may deny such project with leave to amend if after notice the responsible party or parties fail to comply with this section. The applicant shall be given no less than ten (10) calendar days’ mailed notice of the city’s intent to take such action.

2. The community development director, public works director, or chief building official may issue a stop work order if the job site has previously been posted with a notice of intent to issue a stop work order for failure to comply with this section.

3. An action may be brought in the name of the city, in any court of competent jurisdiction, to enforce a lien. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.

4. The finance director may bring a civil action in the name of the city to collect the fees owing pursuant to this section. In such action, reasonable attorney’s fees shall be awarded to the prevailing party.

1. The finance director may notify an applicant or operator and, if different, the owner of the subject property, of the failure to comply with this section, the amount outstanding and of the fact that if not paid, the processing fees shall become a lien against the property. Such notice shall be given by registered or certified mail upon the owner or owner’s agent, as shown on the last equalized assessment roll. Service on one property owner in multiple ownership shall be deemed in compliance with this section. If an address for an owner cannot be reasonably obtained, the notice required by this section may be given by posting the subject property.

2. Within ten (10) days from the date of posting, or date of registered or certified mail service, the applicant or operator, and, if different, the owner or any person interested in the property, may appeal the decision to file a lien under subsection (F)(1) of this section to the city council by filing a written appeal with the city clerk, setting forth in detail the reasons for appeal. The council shall hear from the appellant and subsequently approve or deny the appeal. The city council’s decision shall be final and conclusive.

3. At the expiration of the time set for appeal or upon determination of the city council upon appeal, the processing fees due and any outstanding amounts owed become a lien upon the subject property. (Ord. 23-4 § 5 (Exh. A))

1. Zoning Code Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

2. Appeal of Application Completeness Determination. Determinations of incompleteness are subject to the provisions of Chapter 17.12, Procedures for Appeals, except there shall be a final written determination on the appeal no later than sixty (60) days after receipt of the appeal.

3. Submittal of Additional Information. A determination will be made whether the permit may be issued or if the applicant must supply additional information to complete the permit application. The applicant shall provide the additional information within the time limit specified by the community development director, which shall be no sooner than thirty (30) days. The community development director may grant one extension of up to ninety (90) days.

4. Expiration of Application. If an applicant fails to submit the information identified on the written notification of an application that is determined to be incomplete within one hundred eighty (180) days, the application shall expire and be deemed withdrawn. After the expiration of an application, a new, complete application, along with all required fees, shall be submitted for review.

1. Business license requests;

2. Issuance of building permits;

3. The first and subsequent nonresidential occupancies or uses of any land, lot, building or structure;

4. Any full or partial change in the nonresidential occupancy or use of any land, lot, building or structure; or

5. The expansion of any nonresidential occupancy or use of any land, lot, building or structure.

1. When the community development director is the approval authority, the community development director has the discretion to refer the application to the planning commission.

2. At the discretion of the community development director, or where otherwise required by this title, state or federal law, any application filed in compliance with this title may be referred to any city department, public agency, or interest group that may be affected by or have an interest in the proposed land use project for review and comment on the application.

1. Notice shall include:

2. Notice shall be given not less than ten (10) calendar days prior to the public hearing.

3. Notice shall be given by the following, except as provided below in subsection C of this section, Special Provisions:

4. Notice for all applications considered by the city council at a public hearing which have been considered previously by the planning commission shall consist of the same notice required for the planning commission hearing.

1. Placing a display advertisement of at least one-eighth page in a newspaper determined to be a newspaper of general circulation in the city; or

2. Placing an insert with any generalized mailing sent by the county or city to property owners in the area affected by the proposed ordinance or amendment, such as billing for city services.

1. A decision shall be deemed to have been made at the time action is taken by the city council.

2. A decision of the planning commission shall be deemed to be made ten (10) days following the commission’s action on a conditional use permit.

3. A decision shall be deemed to have been made on the date of issuance of a notice of action by the community development director.

1. A discretionary approval authorized by this title shall expire one year from the date that such approval becomes effective unless the applicant has established a vested right to proceed or a subdivision map that was concurrently approved for the project remains valid.

2. A discretionary approval takes effect the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal.

1. Establishment of Use. A permit or other discretionary approval shall remain valid as long as the use authorized by the permit is lawfully established prior to the expiration of the permit or the holder of the permit or other discretionary approval has established to the satisfaction of the community development director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this section.

2. Valid Building Permit. A permit or other discretionary approval shall remain valid as long as there is a valid building permit for construction authorized by the permit. If the building permit expires, or if no building permit has been issued for construction authorized by the permit or other discretionary approval during the one year that the permit is valid, the permit or other discretionary approval shall expire unless an extension of time has been granted pursuant to Section 17.04.140, Extension of permits and approvals, or the holder of the permit or other discretionary approval has established to the satisfaction of the community development director a good faith, diligent effort to lawfully establish the use pursuant to the procedures set forth by this section.

1. Failure to Establish Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the community development director if it is determined that the use has not been established within a period of six consecutive months from the date the permit was issued or the discretionary approval was granted.

2. Failure to Continue Use. Any permit or discretionary approval that allows for the establishment of a use shall be revoked by the community development director if it is determined that the use has been abandoned, ceased operations, or has been vacated for a period of six consecutive months from the date the permit was issued or the discretionary approval was granted, unless the holder of the permit or other discretionary approval has confirmed to the satisfaction of the community development director a good faith, diligent effort to continue the use pursuant to the procedures set forth by this section.

3. Incompletion of a Project. If only a portion of a project is completed pursuant to a permit authorizing its development, the permit or other discretionary approval for the balance of the project shall expire if no substantial action is taken toward completion of the balance of the project in a one-year period.

1. Notification of Determination of Expiration. If the community development director determines that the holder of the permit or other discretionary approval has not attempted to establish or continue the approved use diligently and in good faith, the community development director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval is expired, lapsed and null and void. The community development director’s determination that the permit or other discretionary approval has expired may be appealed to the planning commission by the holder of the permit or other discretionary approval.

2. Notification of Determination of Extension. If the community development director determines that the holder of the permit or other discretionary approval has attempted to establish or continue the approved use diligently and in good faith, the community development director shall notify the holder of the permit or other discretionary approval in writing of that determination, and that the permit or other discretionary approval has been extended for an additional period. Any such extension shall be for a period of one year and shall be subject to the requirements set forth in subsection B of this section for establishing the use within that time period and the requirements set forth in subsection (D)(1) of this section for submitting additional information prior to the expiration of any such extension. The community development director’s determination to extend the permit or other discretionary approval shall be final. (Ord. 23-4 § 5 (Exh. A))

1. If an application for a permit or discretionary approval on the same property is received within one year from the date of denial, the community development director shall make the threshold decision whether the project is substantially similar to the rejected project and therefore cannot be filed for processing.

2. The community development director shall provide the applicant, each member of the approval authority and any person who has submitted a written request for notice a copy of the community development director’s proposed decision. Unless an appeal is filed, the proposed decision shall become final fifteen (15) days after notice is given by mail and provided to the approval authority.

3. Upon request of community development director, the matter shall be placed on the agenda for a decision whether the project is substantially similar. (Ord. 23-4 § 5 (Exh. A))

1. Application. An application for a CUP shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to provide support for the findings required by subsection E of this section.

1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The planning commission shall hold a public hearing on the CUP application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the requirements for conditional uses and other applicable sections of this code.

1. The proposed use is consistent with the goals and policies of the general plan and any applicable specific plan;

2. The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the zoning code;

3. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

4. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity;

5. For formula businesses, the proposed use is consistent with the findings of Section 17.22.120, Formula businesses; is consistent with the unique and historic character of the city; will preserve the distinctive visual appearance and shopping experience of the city for its residents and visitors; and will be compatible with existing uses in the zoning district;

6. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate or that the streets in question are physically or financially impossible to be improved and that the proposed use is deemed to be beneficial to the city; and

7. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate.

1. The planning commission may attach conditions of approval to a CUP as are necessary to carry out the purposes of the general plan, other adopted plans, or findings of subsection E of this section. Some of the conditions may include limitations on size, bulk, and location; requirements for additional landscaping or buffers; mitigation of adverse environmental impacts; and other conditions such as the duration of the permit, hours of operation, and time limits on construction.

2. Conditions of approval will only be imposed if they are necessary to ensure:

1. Purpose and Applicability. A master use permit is a special type of conditional use permit which authorizes more than one conditional use, including future uses, from the list of conditional uses of the zoning district in which a property is located. The planning commission may approve a master use permit on properties with one or more buildings which are occupied or designed for occupancy by multiple nonresidential uses.

2. Application Requirements. See subsection C of this section for application requirements.

3. Public Hearing and Procedure. The procedure and findings for a master use permit shall be the same as that of a CUP as described above. Following approval of a master use permit, any uses so authorized may be established subject only to compliance with any conditions of approval. Each master use permit shall list all of the conditional uses authorized by the permit and may be subject to conditions or requirements over and above those which might be applied for any particular use.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions, and Modifications. Conditional use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. Application. An application for a demolition permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process. If the structure is fifty (50) years or older, a historic resource determination report may be needed from a qualified architectural historian. Applicants should contact the community development department to verify requirements.

2. Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection D of this section.

1. The building is determined not to be a significant architectural or historical building based on the public record and testimony presented at a public hearing;

2. The demolition would not eliminate elements that are required to maintain the essential character of the neighborhood;

3. Design review of the proposed replacement structure is approved prior to, or in conjunction with, approval of the demolition of a structure; and

4. The building to be demolished does not reflect neglect by the owner.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Demolition permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. All structures over fifty (50) years old within the historic preservation overlay district or determined to be a historic resource by a qualified architectural historian; and

2. Any structure listed on the city’s historic resources master list (local register).

3. Exemptions. The following are exempt from the historic demolition permit requirement:

1. Application. An application for a historic demolition permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process. Specific requirements unique to the historic demolition permit are listed on the application.

2. Responsibility. It is the responsibility of the applicant to provide information regarding the findings described by subsection F of this section.

1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The planning commission shall hold a public hearing on a historic demolition permit application and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the provisions of Chapter 17.04, Common Procedures.

1. The building or structure does not represent a unique and irreplaceable historic or architectural resource.

2. The adaptive reuse of the structure is infeasible or inappropriate, due to economic considerations, structural conditions or land use incompatibility.

3. The relocation of the structure is infeasible due to cost, structural conditions or lack of an interested party.

4. Restoration of the building or structure is not feasible or practical using current building codes including, but not limited to, the historic building code provisions of the California Building Standards Code.

5. No public or other funding is available for financing renovation or purchase of the property on which the building or structure is located.

6. The characteristics of the building or structure that originally supported its inclusion in a cultural resources survey are no longer present and such absence is not a result of:

7. The base zoning of the site is incompatible with the intended reuse of the existing structure.

8. The structure cannot be restored without repairs that would exceed fifty percent (50%) of the value of the structure itself. This finding shall be supported by (a) an appraisal prepared by a certified appraiser to determine the value of the structure and (b) at least two bids from qualified contractors to determine the cost of repairs to the structure.

9. The historic resource must be removed from the site in order for the property to be utilized for a structure or use that substantially benefits the public.

10. Demolition of the structure will not have a significant impact on the historic integrity of the designated or potential historic district.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Historic demolition permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval.

1. Prior to demolition, the applicant shall provide archival quality photographs, floor plans and elevation drawings, as appropriate, to record the building(s) or structure(s) being demolished.

2. Prior to issuance of the historic demolition permit, the planning commission shall approve a design review application for new construction for the site of the demolished structure(s) and a building permit shall be issued for the replacement structure(s). In addition to the findings required under Section 17.05.070, Major design review, the planning commission shall find that the proposed design is compatible with the historic character of the surrounding historic neighborhood, if applicable.

3. The applicant shall donate to the St. Helena Historical Society or a subsequent similar entity any artifact or other architectural element identified by the preservation consultant or planning commission. The artifact or architectural element shall be carefully removed and delivered to the St. Helena Historical Society or a subsequent similar entity in good condition to be used in future conservation work.

4. The applicant shall offer any reputable firm, group or individual the opportunity to move the building to another site for restoration.

5. The city may require the applicant to bond for no less than twenty-five percent (25%) of the estimated construction cost of the replacement structure or structures approved under subsection (H)(2) of this section. (Ord. 23-4 § 5 (Exh. A))

1. Application. An application for a development agreement shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Form of Agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the city’s standard form of development agreement and including specific proposals for changes in, or additions to, the language of the standard form.

1. A public hearing on an application for a development agreement shall be held by the planning commission and the city council. Notice of intention to consider adoption of a development agreement shall be given as provided in California Government Code Sections 65100 and 65110. These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner.

2. The failure of any person entitled to notice required by law or this chapter to receive such notice does not affect the authority of the city to enter into a development agreement.

3. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

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 public convenience, general welfare and good land use practice;

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. The recommendation shall include the reasons for the recommendation; and

6. Will have a sufficient water supply for subdivisions pursuant to the requirements of California Government Code Section 66473.7 and new nonresidential development.

1. After the city council completes its public hearing, it may accept, modify, or disapprove the recommendation of the planning commission. The city council may refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may hold a public hearing on matters referred back to it by the city council.

2. The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

3. If the city council approves the development agreement, it shall do so by the adoption of an ordinance. When the ordinance approving the development agreement takes effect, the city may enter into the agreement.

1. Minor Amendments. At the discretion of the community development director, a minor amendment to a development agreement requires only administrative review and approval.

2. Major Amendments or Cancellations. The procedure for proposing and adoption of a major amendment to or cancellation in whole or in part of the development agreement is the same as the procedure described in subsection E of this section.

1. Within ten (10) days after the city enters into the development agreement, the city clerk shall record the agreement with the county recorder.

2. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in subsection H of this section, or if the city terminates or modifies the agreement as provided in subsection K of this section for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall record a notice of such action with the county recorder.

1. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

2. The community development director shall begin the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The notice shall be given at least fifteen (15) days in advance of the time at which the matter will be considered. The review shall be conducted by the city council.

3. The city council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

4. The city council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

5. If the city finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

6. If the city finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city may modify or terminate the agreement.

1. The time and place of the hearing;

2. A statement as to whether or not the city proposes to terminate or to modify the development agreement; and

3. Other information that the city considers necessary to inform the property owner of the nature of the proceeding.

1. Application. An application for a home occupation permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to comply with the standards identified in Section 17.22.130, Home occupations, and the findings of subsection D of this section.

1. Be consistent with the general plan, any applicable specific plan, and the development and design standards of the subject residential zoning district;

2. Be consistent with the home occupation criteria and standards of Section 17.22.130, Home occupations; and

3. Be consistent with all other municipal codes and applicable laws.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Expiration, Extensions and Modifications. Home occupation permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. To promote those qualities in the environment that bring value to the community;

2. To foster the attractiveness and functional utility of the community as a place to live and work;

3. To preserve the character and quality of our heritage by maintaining the integrity of those areas that have a discernible character or are of special historic significance;

4. To protect certain public investments in the area;

5. To ensure that new residential development within existing neighborhoods is respectful of the existing scale of development and promotes harmonious design;

6. To encourage, where appropriate, a permissible mix of uses; and

7. To raise the level of community expectations for the quality of its environment.

1. Any new commercial, industrial, or agricultural building or exterior modification to an existing commercial, industrial, or agricultural building that involves the construction of five hundred (500) square feet or more, is visible from a public street or alley, and is not subject to minor design review as stipulated in Section 17.05.080(B).

2. Any new public facility or modification to an existing public facility, excluding structures for utilities.

3. New construction and additions to structures in the historic preservation overlay district. Exterior facade changes that are consistent with the standards in Section 17.21.040, Historic Preservation (HP) Overlay, are not subject to major design review.

4. Any development within an approved PD overlay district.

5. Any new structure or exterior modification to an existing structure where a conditional use permit is required, excluding multifamily residential projects.

6. The construction of a new single-family home (enacted by Ord. 87-8 effective 06-26-1987) except as provided in Section 17.05.080(B)(9).

7. Additions to a single-family home that create a second or third floor, story, or living space in an upper story where one does not currently exist, including an addition to an existing second or third story.

8. Any residential and residential mixed-use buildings that do not comply with the applicable design standards of Chapter 17.16, Residential Zoning Districts, and Chapter 17.17, Commercial and Mixed-Use Zoning Districts.

1. Application. An application for a major design review shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to provide support for the design review findings criteria required by subsection E of this section.

1. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The planning commission shall hold a public hearing on an application requiring a major design review and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

3. The community development director may, on a case-by-case basis, require the applicant to erect story poles on the project site to illustrate the height and or scale of a two story (or more) proposal, particularly when there are adjacent neighboring structures.

1. Nonresidential Projects.

2. New Single-Family Dwellings and Additions of Second or Third Stories to Existing Single-Family Dwellings.

1. The planning commission shall not design or assist in the design of any buildings or projects submitted for approval except as requested by an applicant. The planning commission shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.

2. Individual initiative and experimentation by the applicant are to be encouraged.

3. Only the applicant’s failure to take reasonable account of the items discussed in subsections A and E of this section shall justify the planning commission’s disapproving of a proposal solely on the basis of design.

4. In its endeavor to improve the quality of a design, the planning commission shall keep considerations of cost in mind. However, consideration of cost shall not override the other objectives of this title.

5. The planning commission shall not use the major design review process to intentionally or inadvertently exclude housing for minority groups or housing for low—and moderate-income persons.

6. The planning commission shall not use the major design review process to intentionally or inadvertently prohibit or unduly restrict building types, materials, or methods or to vary the specific allowances or other development controls.

1. Is clearly consistent with the findings of this section and the remaining requirements of this title and the general plan; or

2. Consists of the replacement of existing architectural features that do not involve substantial design changes or changes in materials.

3. Involves a conforming residential dwelling where less than fifty percent (50%) of the gross floor area has been destroyed by a natural disaster and the proposal to reconstruct uses the same materials and design, is located on the same footprint, and does not increase the gross floor area of the previously existing structure.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Major design review approval expires after one year. Major design review approval may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. Those activities not described in Section 17.05.070(B).

2. New multifamily development consistent with the applicable development and design standards provided in Section 17.16.040, Design standards.

3. Any form of repair or maintenance where the work solely involves the replacement of materials in like kind and form or to any such work in areas not visible to the public from the public right-of-way or areas accessible to the public.

4. The alteration, modification or addition to an existing single-family or multifamily residential structure or building except as identified in Section 17.05.070(B).

5. The construction of an accessory structure in keeping with all development criteria of the zoning district in which the structure is proposed.

6. Minor changes to the exterior of existing nonhistoric nonresidential buildings that require a building permit. This includes, but is not limited to, facade changes, relocation of storefront doors, and relocation of windows.

7. Changes to a nonresidential site not involving major structural or site changes or changes of use. This includes site alterations such as construction of parking shade structures or other accessory structures.

8. The intentional destruction and removal of less than fifty percent (50%) of the finished floor within the exterior walls of a nonhistoric structure in conjunction with a remodel or addition.

9. The reconstruction of a single-family residence destroyed by an act of God.

1. The project is in conformance with the general plan and zoning ordinance;

2. The project is in conformance with applicable design and development standards;

3. The project’s operating characteristics minimize potential negative impacts and land use conflicts;

4. Adequate utilities, access roads, drainage, sanitation and other necessary facilities will be in place;

5. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate; and

6. The project will not be detrimental to the public health, safety, and general welfare.

1. The community development director shall review the project types described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor design review process.

2. A determination shall be issued by the community development director as part of the building permit review that verifies that the design meets all applicable development and design standards and findings for minor design review approval.

1. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

2. Extensions and Modifications. Minor design review approval may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. Application. An application for a minor use permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the findings described in subsection D of this section.

1. The proposed use is consistent with the goals and policies of the general plan and any applicable specific plan;

2. The proposed use is appropriate for the zoning district in which it is located, compatible with uses allowed in the zoning district, and complies with all other applicable provisions of the zoning code;

3. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

4. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings and structures in the vicinity;

5. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate; and

6. The project is categorically exempt under CEQA or other applicable environmental documents have been certified as complete and adequate.

1. The community development director shall review the projects described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor use permit review process. Each application shall be reviewed by the community development director to ensure that the proposal complies with all applicable requirements of this title.

2. Prior to a decision on a minor use permit, the city shall provide notice of a public hearing in compliance with Section 17.04.080, Public hearing notice.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Minor use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. The city council finds that unregulated transient occupancy uses (i.e., short-term rentals) in residential and agricultural districts present a threat to the public welfare.

2. The purposes of the short-term rental regulations are to:

3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.

5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:

1. Application. An application for a new short-term rental permit or a renewal of an existing short-term rental permit shall be prepared, filed, and processed in compliance with Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to provide information on the proposed use that support the findings described in subsection D of this section.

1. The planning commission shall hold a public hearing for discretionary review for a new short-term rental application. The public hearing shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The public hearing notice shall:

3. The planning commission shall hold a public hearing on an application for a short-term rental permit and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

1. The short-term rental complies with applicable standards identified in Section 17.22.200, Short-term rentals;

2. The establishment of a short-term rental at the subject property is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

3. The establishment of a short-term rental at the subject property will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature;

4. The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses;

5. The establishment of a short-term rental at the project site will provide an enhanced visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city and will help to ensure the collection and payment of transient occupancy taxes; and

6. There exists no substantial evidence of operation of an unpermitted short-term rental on the part of the applicant anywhere within the city.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. Any person whose application for a short-term rental permit has been denied by the planning commission, or whose permit has been suspended or revoked by the community development director, may appeal pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit.

3. Term of Permit. Short-term rental permits shall be valid for a period of two years.

4. Conditions Subsequent to Approval. Short-term rental permits shall be subject to any changes to this section approved by the city council and conditions that the council may impose subsequent to the issuance of the permit.

1. The permit holder shall submit a short-term rental permit renewal application and pay applicable fees to the city a minimum of thirty (30) days prior to the expiration of a current short-term rental permit.

2. Upon receipt of a renewal application, the community development director will confirm with the finance department that the applicant’s business license is current and that all required transient occupancy taxes (TOT) have been reported and paid (see Chapter 5.08, Business Licenses Generally, for the requirements related to business licenses).

3. The community development director will refer the application to the St. Helena police department to request all police calls for services and complaints lodged against the property over the course of the two-year permit.

4. If the permit holder has a current business license, has rented their property on a short-term basis for an average of sixty (60) days per year (as applicable), has been properly reporting and paying TOT, and has fewer than three confirmed violations of the municipal code or of state or federal law over the prior two years, the community development director may administratively approve the renewal which shall be valid for an additional two years. If all of these provisions are not met, the renewal shall be referred to the planning commission for action at a public hearing. The community development director also has the discretion to refer the renewal application to the planning commission for a decision pursuant to the process and standards set forth in subsections C and D of this section.

5. No renewal shall be approved without written verification of tax payments by the permit holder, and no permit shall be approved if the operation of the short-term rental has created adverse impacts on the neighborhood, as specified in subsection K of this section, in which it is situated or has otherwise caused the loss of the character of that neighborhood.

6. The community development director may deny the renewal if the applicant has violated any provision of this section.

7. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Approval of a Short—Term Rental Permit Renewal.

1. The community development director has the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of enforcement of this section, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.

2. The fire department shall annually inspect the dwelling used as a short-term rental and submit the inspection report to the community development department.

3. The community development director shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this section are being fulfilled.

1. The community development director may revoke a short-term rental permit pursuant to Chapter 17.13, Enforcement, if the community development director determines that:

2. If an owner-applicant’s short-term rental permit is revoked, the owner-applicant may not reapply for another permit for two years after the date of revocation. If there is a waiting list to receive a permit, the owner-applicant will be added to the list.

1. Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way, the availability of residential property in violation of this section is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this section. Such violation shall be punishable pursuant to Chapter 1.20, General Penalty. For purposes of this section, “responsible person” shall mean and include any manager or other person responsible for allowing property to be used for short-term rental in violation of this section.

2. Short-term rental use, and advertisement for use, of a residential property in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.

3. Any property owner or responsible person who violates this section shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.

4. Any violation of this section may also be abated or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty under Chapter 1.12 for a violation shall be one thousand dollars ($1,000.00).

5. Each day the violation of this section occurs shall constitute a separate offense.

6. Any property owner who uses, or allows the use of, residential property as a short-term rental without a permit shall be liable for the transit occupancy tax that would have been owed under Chapter 3.28, Transient Occupancy Tax, had the use been legal, including the penalty and interest provisions of Section 3.28.070, Penalties and interest.

7. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 23-4 § 5 (Exh. A))

1. Application Requirements. A temporary use permit application submittal shall include information identified in Section 17.04.020, Application process.

2. Responsibility. It is the responsibility of the applicant to provide information on the proposed use that supports the considerations described in subsection D of this section and findings listed in subsection F of this section.

1. Floor areas, heights, hours of operation, nuisance controls, off-street parking, setbacks, and other structure and property development features;

2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code;

3. The project’s compliance with the requirements of Chapter 17.27, Signs;

4. The applicable zoning standards pertaining to the outdoor storage, display and sale of merchandise; and

5. Limitation on duration of proposed temporary structures to a maximum of two years to ensure that the structure does not become permanent or long-term.

1. The temporary activity complies with applicable standards identified in Section 17.22.250, Temporary uses; and

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

3. Modifications. Temporary use permits may only be modified as provided for in Section 17.04.150, Modifications to an approval.

1. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this zoning code. A performance security (including a bond or financial deposit) in a form and amount acceptable to the community development director may be required before initiation of the activity to ensure cleanup after the activity is finished.

2. Performance Security for Temporary Structures. Before issuance of temporary use permit the applicant shall provide performance security in a form and amount acceptable to the community development director to guarantee removal of all temporary structures within thirty (30) days following the expiration of the temporary use permit.

3. Extensions of Temporary Use Permits Prohibited. The term of a temporary use permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.22.250(D) shall file for a conditional use permit, rather than a temporary use permit, in compliance with Section 17.05.020, Conditional use permit (CUP), and all other applicable zoning standards.

4. Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of thirty (30) days shall pass between the expiration of a temporary use permit and the issuance of a new and similar temporary use permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs. (Ord. 23-4 § 5 (Exh. A))

1. A majority vote of the planning commission or of the city council. Generally, initiation by the city council shall be a direction to the planning commission to initiate such an action;

2. The community development director; and

3. An application filed by a property owner or the owner’s authorized agent. All general plan amendments initiated by property owners must be processed for preliminary review pursuant to the provisions of Section 17.06.030, Applications.

1. If the city council authorizes the application to be processed, it shall refer the matter to the planning commission, which shall hold public hearings pursuant to state law after the necessary environmental review process and staff analysis have been completed.

2. In the event the city council directs staff to cease processing an application pursuant to the provisions of this section, a new application for a general plan amendment involving substantially the same request for a parcel or area shall not be reviewed by the city council for at least one year after such direction.

3. Exemptions. Applications for general plan amendments shall be exempt from the provisions of this section if:

1. All properties that have been prezoned in such manner shall be annexed with the retention of their prezoning classifications.

2. All properties that have not been prezoned in accordance with the provisions of this chapter shall automatically be zoned Twenty-Acre Agriculture (A-20) zoning district upon annexation.

1. Large-scale projects;

2. Projects proposed on sites that have multiple development constraints;

3. Projects that require significant coordination among a number of properties;

4. Projects in that the phasing or timing is critical;

5. Projects that will generate significant infrastructure needs; and

6. Projects that have important and broadly based community-wide implications. (Ord. 23-4 § 5 (Exh. A))

1. The planning commission determines that the resultant use is more consistent with the uses permitted in the district than the former use; and

2. The new use is less intensive in terms of hours of operation, number of employees, occupancy capacity, energy consumption, volume of traffic or noise generated by the use, or amount of parking required; and

3. The planning commission establishes an amortization schedule for the nonconforming use, by setting a date after which the nonconforming use must be discontinued or replaced with a conforming use.

1. A residential or nonresidential nonconforming use that has been given up, closed, surrendered, interrupted, terminated or discontinued for a period of sixty (60) continuous days, regardless of intent to surrender the nonconforming use, is considered an abandoned nonconforming use.

2. Public Hearing and Procedures. The planning commission shall hold a public hearing, noticed in compliance with Section 17.04.080, Public hearing notice, on an application for the reestablishment of an abandoned nonconforming use and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the following criteria:

1. The owner of a legal nonconforming use:

2. The application shall be filed with the community development department in the form prescribed by the department and shall be accompanied by all required fees.

3. The owner has the burden of proof to establish the original legal nonconforming status of the use and the extent of any repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement which has occurred which conforms to the standards set forth in subsection A of this section.

4. The community development director is authorized to render an administrative decision in writing on the request to determine the present extent of the legal nonconforming use. If necessary, the community development director may request additional information to render a decision.

5. The community development director shall determine the present extent of the legal nonconforming use and issue a certificate setting forth such determination.

6. If the certificate is approved or conditionally approved, the community development director shall make a written report (which will be posted to the consent item section of the agenda) to the planning commission at its next regularly scheduled meeting. If the planning commission decides, by majority vote, to review the certificate and conditions, it shall conduct a public hearing after giving notice pursuant to Section 17.04.080, Public hearing notice. The public hearing shall be held within thirty (30) days after the date of the request for review. The planning commission may add, modify, or delete conditions. Within fourteen (14) days following the conclusion of the hearing, the planning commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the certificate shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the community development director insofar as it complies with all other applicable provisions of this title and the general plan.

7. If the planning commission does not decide to review the certificate and not conduct a public hearing pursuant to subsection (F)(6) of this section, the community development director’s decision shall be published once in a newspaper of general circulation in the city. In addition, the community development director shall provide individual mailed notice of the decision on the certificate to owners of property as shown on the last equalized assessment roll within three hundred (300) feet of the subject property for which the certificate is requested.

8. The community development director has discretion to refer the request to determine the present extent of the legal nonconforming use to the planning commission for a public hearing pursuant to the process and standards set forth in Chapter 17.04, Common Procedures.

9. The determination of the community development director may be appealed to the planning commission in accordance with the procedures set forth in Chapter 17.12, Procedures for Appeals.

10. Within thirty (30) calendar days of issuance of the certificate or, in the event of appeal, within thirty (30) calendar days of the final decision of the planning commission on appeal, the community development director shall file a true and correct copy of the certificate with the Napa County assessor.

11. The procedure set forth in this section shall also be used to determine the present extent of those certain winery and winery-related uses permitted without a use permit pursuant to Division III of this title, District Regulations. For purposes of such determination, all references in this section to “legal nonconforming” shall be replaced by the term “uses permitted pursuant to Division III of this title, District Regulations.” (Ord. 23-4 § 5 (Exh. A))

1. A nonconforming building, structure or physical feature damaged or destroyed by any means except demolition or intentional removal may be reconstructed to its original condition if the chief building official determines that no more than fifty percent (50%) of the gross floor area has been lost. If more than fifty percent (50%) of the building, structure, or physical feature is damaged or destroyed, then it must be rebuilt in compliance with current development standards.

2. If the chief building official determines that the extent of destruction exceeds fifty percent (50%) of the gross floor area, the nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a conditional use permit pursuant to the provisions of Section 17.05.020, Conditional use permit (CUP), provided the application for the conditional use permit is submitted within one year of the damage or destruction. The planning commission may require as a condition of approval that the building is thereafter devoted to a conforming use.

1. If such owners fail to perform such duty, the city council shall direct the chief building official to notify such owners in writing, registered mail, postage prepaid, to their last known addresses, to cause such removal or conformance within thirty (30) days after mailing of such notice.

2. The owners shall have the right, upon owner’s request, to a public hearing at any city council meeting following receipt of the notice and prior to the expiration of the thirty (30) day period on the issue of whether or not the owner is obligated to perform such duty.

3. If the owners fail to perform such duty within the thirty (30) day period as described in subsection (E)(2) of this section, the city council, in addition to other available remedies, may cause the removal of such signs to be done by the city or its contractor and assess the cost and expense of the same against the property on which the sign was located. Such costs and expenses may be a lien upon such property and, if not paid, payment may be enforced against the property by any appropriate action in a court. (Ord. 23-4 § 5 (Exh. A))

1. Initiation of Designation. Designation of a historical resource may be initiated by the planning commission or by the owner of the property that is proposed for designation. Applications for designation originating from outside the planning commission must be accompanied by such historical and architectural information prepared by a qualified architectural historian as is required by the planning commission to make an informed recommendation concerning the application, together with the fee set by the city council.

2. Review, Notice, and Hearing. The planning commission shall conduct a public hearing on a nomination for local historic resource designation. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Section 17.04.080, Public hearing notice, including mailed notice to the owners of any property proposed for such designation.

3. Findings and Decision. Following a public hearing, the planning commission may approve or disapprove a nomination for designation as a local historic resource. The commission shall record the decision and the findings upon which the decision is based. Approved designations will be added to the city’s local register. The planning commission may approve such designation only if it finds that the resource meets at least one of the following criteria:

1. Initiation of Designation. The designation of a local historic district may be initiated by the city council or the planning commission.

2. Requirements for Designation. The designation of a local historic district is subject to evaluation by a qualified architectural historian and a finding by the approval authority that all of the following requirements are met:

3. Planning Commission Hearing and Recommendation. The planning commission shall conduct a public hearing on a nomination for local historic resource district. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 17.04.080, Public hearing notice, including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the city council, setting forth the reasons for the decision. The planning commission may approve a recommendation for a local historic district only if it makes the findings set forth in subsection (B)(2) of this section.

4. City Council Hearing and Decision. The city council shall conduct a public hearing on a nomination for local historic district. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 17.04.080, Public hearing notice, including mailed notice to the owners of any property proposed for such designation. Following the public hearing, the city council shall by resolution approve the recommendations in whole or in part or shall by motion disapprove them in their entirety. The city council may approve a designation as a local historic district only if it makes the findings set forth in subsection (B)(2) of this section. If the city council approves a local historic district, notice of the decision shall be sent to property owners within the district. Properties identified as contributors to a local historic district shall be added to the HP Overlay. (Ord. 23-4 § 5 (Exh. A))

1. The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances.

2. The minor modification is the minimum departure from the requirements of this code necessary to grant relief to the applicant and would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located.

3. Granting the requested deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, circulation, or visual openness.

4. The deviation, as proposed and conditioned, will achieve the general purposes of this code or the specific purposes of the zoning district in which the project is located.

1. The community development director shall review the projects described in subsection B of this section for conformance with the development criteria of the general plan, the appropriate zoning district and all other development criteria established by the city as an element of the minor modification review process. Each application shall be reviewed by the community development director to ensure that the proposal complies with all applicable requirements of this title.

2. Prior to a decision on a minor modification, the city shall provide notice of a public hearing in compliance with Section 17.04.080, Public hearing notice.

1. Notice of Action. Notice of action shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. A decision of the community development director may be appealed to the planning commission as provided in Chapter 17.12, Procedures for Appeals.

3. Expiration, Extensions and Modifications. Minor use permits may only be extended or modified as provided for in Section 17.04.140, Extension of permits and approvals, and Section 17.04.150, Modifications to an approval. (Ord. 23-4 § 5 (Exh. A))

1. The planning commission may grant a variance from the requirements of this code in compliance with this chapter and state law. The power to approve variances does not extend to use regulations in compliance with California Government Code Section 65906.

2. A variance shall not be granted to permit a use or a density otherwise permitted in the zoning district in which the property in question is situated.

3. Nonconforming uses or developments on adjacent properties shall not be considered grounds for issuance of a variance.

4. If the variance pertains to a new structure or building, or an addition to a structure or building, design review of the structure or building must be approved pursuant to Section 17.05.070, Major design review, prior to or simultaneous to the approval of the variance.

1. Precedents. A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered on its individual merits.

2. Notice. Public hearings shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

3. Public Hearing. The planning commission shall hold a public hearing on the variance application and shall, at the conclusion of the public hearing, approve (with or without conditions) or deny the application in compliance with the requirements for conditional uses and other applicable sections of this code.

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

2. The special circumstances applicable to the property were not created by an act of the property owner (e.g., a variance shall not be granted for a self-imposed hardship);

3. Granting the variance would not authorize a use or activity that is not otherwise expressly authorized by the zoning district governing the property;

4. Granting the variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties; and will not materially impair the purpose and intent of this title or the public interest, nor adversely affect the general plan; and

5. The variance is consistent with the general plan and any applicable specific plan or the potentially adverse effects of the variance in relation to the general plan are exceeded by the individual hardship which would be relieved by granting the variance.

1. Notice of Action. Notice of action on a variance shall be provided pursuant to Section 17.04.100, Timing and notice of action.

2. Appeals. For all decisions of the planning commission may be appealed to the city council as provided in Chapter 17.12, Procedures for Appeals. (Ord. 23-4 § 5 (Exh. A))

1. Appeals from the decision of the community development director or any other administrative official in taking any of the actions authorized by this title shall be made to the planning commission through the community development director, unless otherwise indicated.

2. Appeals from the decision of the planning commission in taking any of the actions authorized by this title shall be made to the city council through the city clerk.

1. All appeals shall be made in writing and be accompanied by the appropriate fee, in accordance with the provisions of Section 17.04.030, Fees, unless otherwise indicated.

2. Appeals must be received by the community development director or city clerk not later than fourteen (14) calendar days following the date of action from which such appeal is being taken. If the fourteenth calendar day is a weekend or a city holiday, the deadline will be extended to the next working day of the city.

3. No appeal is allowed or shall be heard, and the decision shall be final, after the lapse of the fourteen (14) day appeal period.

4. The appeal period shall commence the day following the date of action or decision.

1. The specific action being appealed;

2. The action which the appellant requests the planning commission or city council to take;

3. The reason for the appeal; and

4. The name, address, and telephone number of the appellant or contact person if there are multiple appellants.

1. The planning commission or the city council may, by motion adopted by majority vote, initiate an appeal on that approval authority body’s behalf. A motion for appeal must be passed within fourteen (14) days following rendering of the decision appealed; provided, however, that if no regularly scheduled meeting of the planning commission or city council occurs within such fourteen (14) day time period, the time for such appeal shall be extended through the date of the next succeeding regularly scheduled meeting. No grounds for appeal need be stated nor must a letter of appeal be submitted.

2. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than ten (10) days or more than sixty (60) days after the date of filing a complete appeal application or passing a motion for appeal, consistent with the agenda preparation procedures and schedule of the hearing body.

3. All appeals shall be considered in a public hearing if a public hearing was required for the decision appealed, consistent with the procedures set forth in Chapter 17.04, Common Procedures. All approval authorities hearing appeals shall consider the project in its entirety, or de novo. The planning commission or the city council may affirm, reverse, or modify the decision appealed as deemed just and equitable, provided such action is not contrary to any provisions set forth in this title. (Ord. 23-4 § 5 (Exh. A))

1. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title.

2. Any building set up, erected, built, or moved, and any use of property contrary to the provisions of this title.

1. If an enforcement proceeding has been commenced by the city, the city has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety, or general welfare.

2. Where the party against whom the enforcement proceeding has been directed raises a defense, that party has the burden of proving the defense.

1. The municipal code section, permits, or approvals violated;

2. A statement describing the detrimental effect found upon public health, safety or welfare;

3. The ultimate facts upon which the determination or violation or detrimental effect is based;

4. The action(s) ordered to be taken; and

5. In the event the planning commission chooses to modify a permit or approval, the modifications including any new conditions to be imposed to ensure that violation or the detrimental effect will cease and will not be repeated.