San Clemente City Zoning Code

CHAPTER 17

16 - APPLICATIONS

17.16.010 - Purpose and Intent.

These provisions are intended to prescribe the procedures for filing and processing specific applications when required or permitted by this title.

(Ord. 1172 § 3 (part), 1996)

17.16.020 - General Plan Amendments.

Purpose and Intent. .....The purpose of this section is to provide a method for amending the City of San Clemente's General Plan, as it may become necessary, or desirable from time to time, or as required by State law. It is intended that this section be consistent and in compliance with Section 65350 et seq. of the Government Code.

Authority. .....The City Council is the final authority on General Plan amendments. The Planning Commission shall provide recommendations to the City Council regarding General Plan amendments.

The City Council may amend all or part of the General Plan, or any element thereof.

Initiation of Amendments to the General Plan. .....An amendment to the General Plan or any element of the General Plan may be initiated by any of the following actions:

A majority vote of the City Council;

The filing of an application from a property owner(s) or his/her(their) authorized agent(s).

Restriction on Number of Amendments. .....Except as otherwise provided in State law, no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Each amendment may include more than one change to the General Plan. Please refer to the Planning Division's policy document detailing the deadlines for General Plan amendment applications.

Restriction on Timing of Amendments. .....Individual General Plan amendments submitted by specific deadlines shall be grouped and processed as one General Plan amendment within each quarter of the year. Processing guidelines and deadlines for submittal of General Plan amendments are available from the Planning Division.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

Referral of Proposed Amendments. .....General Plan amendments shall be referred to persons and agencies specified in Section 65352 of the Government Code.

Review Procedures.

Planning Commission Review.

Following receipt of a completed application or direction from the City Council, and completion of required environmental documentation, a public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

After completion of the Planning Commission hearing, the Planning Commission shall recommend to the City Council that the proposed amendment be approved, approved in modified form, or denied. A recommendation for approval or approval with modifications and/or conditions shall require an affirmative vote of a majority of the total membership of the Planning Commission. Failure to obtain an affirmative vote of a majority of the total membership shall result in a resolution for denial being forwarded to the City Council. The resolution, once approved by the Planning Commission, shall be forwarded to the City Council.

City Council Review.

Following receipt of a recommendation on the amendment from the Planning Commission, the City Council shall conduct a public hearing in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

After completion of the public hearing, the City Council may approve, approve with modifications and/or conditions, or deny any proposed amendment. If the City Council is contemplating approval of the amendment with substantial modifications that weren't considered by the Planning Commission, the modifications shall be referred back to the Planning Commission for review and recommendation, in accordance with State law and Subdivision 3 of this subsection, Planning Commission Review of Substantial Modifications. Following the Planning Commission's review and recommendations regarding substantial modifications, the City Council shall take final action on the amendment. Approval or approval with modifications and/or conditions shall require an affirmative vote of a majority of the total membership of the Council.

Planning Commission Review of Substantial Modifications. When the City Council has referred substantial modifications to an amendment back to the Planning Commission because the modifications were not previously considered by the Commission, the following rules shall apply:

The Commission's review of the modifications shall not require a public hearing.

The Planning Commission shall have 45 days from the date of the City Council meeting at which the referral was made to make their recommendation. If the Planning Commission does not provide a recommendation to the City Council within the 45-day period, the modification to the amendment shall be deemed recommended for approval.

The Planning Commission shall indicate their recommendation regarding the modifications by resolution. The resolution, once approved, shall be forwarded to the City Council. A recommendation for approval of the proposed modifications shall require an affirmative vote of a majority of the total membership of the Planning Commission.

Required Findings. .....Prior to the approval of a General Plan amendment, all of the following findings shall be made:

The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

The proposed amendment will not adversely affect the public health, safety, and welfare.

Approval Runs with the Land. .....The approval of a General Plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.030 - Specific Plan Adoption and Amendments.

Purpose and Intent. .....It is the purpose and intent of this section to provide a method for the adoption of specific plans. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to community concerns and market demands over time. It is intended that the provisions of this section shall be consistent with Section 65450 et seq. of the Government Code.

Additional information regarding specific plan zones can be found in Chapter 17.52, Specific Plan and Study Area Zones and Standards.

Authority. .....The City Council is the final authority on new specific plans and specific plan amendments. The Planning Commission shall provide recommendations to the City Council regarding specific plans and their amendment.

Applicability. .....Specific plans are required prior to any development within zones with the SP (Specific Plan) zoning designation. Please refer to Chapter 17.52, Specific Plan and Study Area Zones and Standards, of this title for more information regarding the SP zoning designation.

Initiation of Specific Plan Adoption and Amendments. .....Specific plans and/or amendments shall be initiated in the same manner as amendments to the General Plan.

Review Procedures.

Preapplication Review. Prior to submitting an application for a specific plan or a specific plan amendment, the applicant or prospective developer shall apply for a preapplication review conference with the City Planner. Please refer to Section 17.12.030, Preapplication Review, of this title for the general purpose and intent of preapplication review. Along with fulfilling the general purpose of preapplication review, the preapplication conference for specific plans and/or amendments shall include a determination, by the City, of who will be responsible for the preparation of the specific plan;

Following the preapplication conference the City Planner shall provide the applicant with written comments summarizing the major issues and conclusions resulting from the conference.

Application Review. Specific plans and specific plan amendments shall be reviewed, adopted and amended in the same manner as General Plan amendments. Please refer to Section 17.16.020(H), Review Procedures, of this chapter.

Required Findings. .....Prior to the approval of a new specific plan or a specific plan amendment, the following findings shall be made:

The proposed specific plan or specific plan amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.

The uses proposed in the specific plan or specific plan amendment are compatible with adjacent uses and properties.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

The proposed specific plan amendment will not create internal inconsistencies within the specific plan.

Recordation of the Adoption of Specific Plans. .....When specific plans are adopted, the Zoning Map shall be revised accordingly and the pre-specific plan zoning designation shall be replaced with the newly approved specific plan designation.

Approval Runs with the Land. .....The approval of a specific plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.040 - Zoning Amendments.

Purpose and Intent. .....The purpose of this section is the establishment of procedures for amending the Zoning Ordinance. Amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan.

Authority. .....The City Council is the final authority on zoning amendments, including amendments to the Zoning Map. The Planning Commission shall provide recommendations to the City Council regarding zoning amendments.

Amendments to zone boundaries or text of this title that are not consistent with the General Plan must be accompanied by a General Plan amendment application.

Initiation of Amendments to the Zoning Ordinance or Zoning Map. .....Zoning amendments and/or amendments to the Zoning Map shall be initiated in the same manner as amendments to the General Plan.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Application Requiring Additional Information, of this title.

Review Procedures. .....Zoning amendments and/or amendments to the Zoning Map shall be reviewed in the same manner as the General Plan. Please refer to Section 17.16.020(H), Review Procedures, for application procedures.

Required Findings.

General Findings. Prior to approval of a zoning amendment or amendment to the zoning maps, the following findings shall be made:

The proposed amendment is consistent with the General Plan.

The proposed amendment will not adversely affect the public health, safety and welfare.

Specific Findings. In addition to the general findings required in Subdivision 1 of this subsection, specific findings shall be made prior to the approval of a zoning amendment to add the Planned Residential District Overlay to a site, in accordance with Section 17.56.040(G), Required Findings, of this title.

Pre-Zoning.

For the purpose of establishing zoning regulations that would become effective only upon annexation, property outside the corporate boundaries of the City, but within the sphere of influence, may be given "pre-zoning" designations. Pre-zoning designations shall be established in accordance with the procedures prescribed within this section for zoning amendments and/or amendments to Zoning Maps.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the City, the Zoning Map shall be revised to identify each zone or zones applicable to such property with the label of "Pre-," in addition to such other map designation as may be applicable.

Following annexation of property with a pre-zoning designation, the Zoning Map shall be revised to remove the pre-zoning designation and to apply the correct zoning designation.

Recordation of Zoning Map Amendments. .....A change in zone boundaries shall be indicated by revising the Zoning Map and by listing on the Zoning Map the number of the ordinance amending the map.

Approval Runs with the Land. .....The approval of a zoning amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.050 - Reserved.

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed § 17.16.050, which pertained to site plan permits and minor site plan permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1304 §§ 11—12, adopted 2005; Ord. 1314 § 5, adopted 2006; Ord. No. 1548, § 3(Exh. C, § 1), adopted March 6, 2012; Ord. No. 1561, § 3(Exh. A, § 1), adopted Nov. 27, 2012; Ord. No. 1575, § 3(Exh. A, § 3), adopted Dec. 3, 2013; and Ord. No. 1594, § 3(Exh. A, § 7), adopted May 5, 2015.

17.16.060 - Conditional Use Permits.

Purpose and Intent. .....It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and neighborhood identity; and 3) minimizes impacts to adjacent uses. Review of a use may require the consideration of site plan issues related to the use, as well. For a discussion of the purpose of site plan review, please refer to Section 17.16.050(A), Purpose and Intent, in this chapter.

Review Authority. .....The review authority for Conditional Use Permits is as follows:

Planning Commission. The Planning Commission is the review authority for Conditional Use Permits, except for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46). For these requests, the Planning Commission is an advisory body that reviews applications and forwards a recommendation to the City Council.

City Council. The City Council is the review authority for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46).

Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

Applicability. .....Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, in this Title. Conditional Use Permits are also required for the following requests:

Use/Modifications	As Provided for in:
Antennas, new, on City property	Section 17.28.070(C), Review Requirements
Chimneys which exceed the height limit of the zone in which they are located by more than two feet	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Density bonus requests	Section 17.24.070(E), Review Procedures
Development standards, determination of, for development in the following zones: RVL Zone, Open Space Zones, Public Zone	Table 17.32.040, Residential Zone Development Standards; Table 17.44.030, Open-Space Zone Development Standards; Table 17.48.030, Public Zone Development Standards
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller	Section 17.40.050(C), Required Findings for Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller	Section 17.40.050(E), Required Findings for Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones	Section 17.24.090((C)(2)(b), Review Procedures
Flag poles and church steeples in residential zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Flag poles, antennas (other than satellite antennas or antennas on City property), church steeples, cupolas, and monuments, and similar structures in nonresidential and mixed-use zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Storage tanks and similar structures in nonresidential zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Grading requests not accompanying development requests	Section 17.28.130(B), Review Requirements
Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use zones	Section 17.40.050(D), Exceptions to the Minimum Floor Area Requirements for the Commercial Portion of Mixed-use Projects for Buildings on the City's Designated Historic Structure List
Home occupations conducted outside enclosed structures	Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase	Table 17.36.030E, Row "Height Limitations", Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase	Table 17.36.030F, Row "Height Limitations", Subsection 2
Height limitation exception for sloping topography in Mixed Use 3.0 (MU 3.0) Zone	Table 17.40.040D, Row "Height Limitations"
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase	Table 17.40.040F, Row "Height Limitations", Subsection 1
Height limitation exception for sloping topography in Mixed Use 3.3 (MU 3.3) Zone	Table 17.40.040G, Row "Height Limitations"
Nonconforming uses: change from prohibited use to a different prohibited use	Section 17.72.060(C)(3), Changes of Use.
Nonresidential uses allowed in the zone located on the same floor as residential uses of a vertically mixed-use building in Mixed Use zones	Section 17.40.030(A)(2)(a), Special Use Regulations
Outdoor dining areas	Section 17.28.205(C), Review Requirements
Parking modifications for: Bed and Breakfast Inns; Uses in and out of the Downtown Parking Study Area; Historic nonresidential and mixed-use structures; Historic structures in the RM and RH Zones; Relocation of historic structures; Hotels	Section 17.28.090(D), Minimum Standards for Bed and Breakfast Inns in All Zones; Section 17.64.125, Waivers of parking requirements
Public utilities, major, initiated by outside agencies	Section 17.28.240(B)(2)(a), Projects Initiated by Outside Agencies/Applicants
Residential uses on the street level, buildings on the City's Designated Historic Structure List	Section 17.40.030(A)(2)(a), Location of Residential Uses
Urban Private Storage in Mixed-Use Zones	Section 17.28.305, Urban Private Storage
Height exceptions for residential development on Lots 46 through 64 of Tract 4938 in the RL-11 special residential overlay zone	Appendix A, Subsection (K.4.B) in this Title

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required then they shall be completed at the applicant's expense, which may involve the selection of a consultant.

Design Review Subcommittee. The Design Review Subcommittee shall review proposals for new wireless antenna projects and development standard exceptions. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings.

General Findings. Prior to approval of an application for a Conditional Use Permit (other than for a multifamily dwelling with five or more units, which is addressed in subsection F.2 below), all of the following findings shall be made:

The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

The site is suitable for the type and intensity of use that is proposed.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed use will not negatively impact surrounding land uses.

Prior to approval of a Conditional Use Permit, a multifamily dwelling with five or more units, only the following findings must be made: those in subsection F.l.a and b. and a finding that the proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity.

Specific Findings. In addition to the general findings required in subsection F.1, above specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests, as follows:

Use/Modifications	As Provided for in:
New antennas on City property	Section 17.28.070(F), Required Findings for Conditional Use Permits
Density bonus requests	Section 17.24.070(F), Required Findings
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller	Section 17.40.050(C), Required Findings for Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller	Section 17.40.050(E), Required Findings for Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones	Section 17.24.090(D)(2), Required Findings
Grading requests not accompanying development requests	Section 17.28.130(C), Required Findings
Height limitation exception for sloping topography in Mixed Use (MU) 3.0 and 3.3 Zones	Section 17.40.050(F), Building Height and Stories in the Downtown Core
Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use Zones	Section 17.40.050(D)(2), Required Findings
Home occupations conducted outside enclosed structures	Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase	Table 17.36.030E, Row "Height Limitations", Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase	Table 17.36.03F, Row "Height Limitations", Subsection 2
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase	Table 17.40.040F, Row "Height Limitations", Subsection 1
Nonconforming structures: replace structures in non-residential zones that are damaged by an accident with repair costs that are 50 percent or greater than a structure's replacement cost	Section 17.72.070(B)(3)(b), Structures damaged by 50 percent or greater of replacement cost
Nonconforming uses: change from prohibited use to a different prohibited use	Section 17.72.060(C)(3), Changes of Use.
Outdoor dining areas	Section 17.28.205(E), Required Findings
Parking waivers for the Downtown Parking Study Area, and certain projects and land uses outside the Downtown Parking Study Area, such as: historic nonresidential and mixed-use structures; historic structures in the RM and RH Zone; and hotel uses.	Section 17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area; Section 17.64.125(B),Waivers of Parking Requirements Outside the Downtown Parking Study Area
Public utilities	Section 17.28.240(C)(2)(d), Minor Utilities
Residential uses on the street level, buildings on the City's Designated Historic Structure List	Section 17.40.030(A)(2)(a), Location of Residential Uses
Height exceptions for residential development on Lots 46 through 64 of Tract 4938	Appendix A, Subsection (K.4.B.2) of this Title

Appeals. .....An appeal of the action on a Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications to approved Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. For antennas on City property, a Conditional Use Permit may also be revoked or modified if other findings can be met pursuant to Section 17.28.070(G).

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general review process requirements and procedures, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

Mandatory Condition of Approval for Alcohol Sales Establishments. .....For all Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Planning Commission shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Planning Commission to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

Approval Runs with the land. .....The approval of a Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1319 §§ 8, 9, 2006; Ord. 1442 § 3, 2007; Ord. 1314 §§ 6—7, 2006; Ord. 1304 § 13, 2005; Ord. 1252 §§ 4, 5, 2001; Ord. 1237 § 2, 1999; Ord. 1190 §§ 2, 3, 1997; Ord. 1182 §§ 2, 3, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1489, § § 5, 6, 7-7-2009; Ord. No. 1548, § 3(Exh. C, §§ 2, 3), 3-6-2012; Ord. No. 1561, § 3(Exh. A, § 2), 11-27-2012; Ord. No. 1575, § 3(Exh. A, § 4), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 8), 5-5-2015; Ord. No. 1609/1610, § 6(Exh. D, 3, 4, 6), 11-17-2015; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.070 - Minor Conditional Use Permits.

Purpose and Intent. .....It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the Planning Commission. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process included in Section 17.16.060(A), Conditional Use Permits, Purpose and Intent, of this chapter.

Authority. .....The Zoning Administrator is the final authority on Minor Conditional Use Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

Applicability. .....Minor Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. Minor Conditional Use Permits are also required for the following requests:

Outdoor dining areas per Section 17.16.205(C), Review Requirements;

Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;

Waivers of fees/development standards for Historic Resources and Landmarks per Section 17.16.180;

Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

Parking modifications for the Downtown Parking Study Area, as provided for in Section 17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

Off-site parking according to Section 17.64.110.

Shared parking according to Section 17.64.120.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Application Filing. The review process is initiated when the Planning Division receives an application package, The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings.

General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

Specific Findings. In addition to the general findings required in Subsection (F)l., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:

Outdoor dining areas per Section 17.28.205(E), Required Findings;

Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements),The Downtown Parking Study Area, of this title;

Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area.

Shared Parking findings according to Section 17.64.120.

Appeals. .....An appeal of the action on a Minor Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications to approved Minor Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

Mandatory Condition of Approval for Alcohol Sales Establishments. .....For all Minor Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Zoning Administrator shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

Approval Runs with the land. .....The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1314 § 8, 2006; Ord. 1237 § 3, 1999; Ord. 1190 §§ 4, 5, 1997; Ord. 1182 §§ 4, 5, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1548, § 3(Exh. C, § 4), 3-6-2012; Ord. No. 1561, § 3(Exh. A, § 3), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 9), 5-5-2015; Ord. No. 1652, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.075 - Wireless Permits.

Purpose and Intent. .....It is the purpose of this Section to establish a process for managing, and uniform standards for acting upon, requests for the placement of Small Cell Facilities consistent with the City's obligation to promote the public health, safety, and welfare, and to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities.

Authority.

The City Planner is the reviewing authority for applications to install or modify small cell facilities in the City. The City Planner shall make decisions on such applications and has the authority to, among all other actions related to the processing of applications, issue application forms and materials and issue conditions of approval for a wireless permit. If the City Planner determines that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations, then the applicable requirements of this Code and any related design and development standards may be waived, but only to the minimum extent required to avoid the prohibition or violation.

Any person may appeal the City Planner's decision to the Community Development Director. Notwithstanding Section 17.12.140(A)(2)(a), all appeals must be filed within three (3) business days of the written decision of the City Planner, unless the Community Development Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. The appeal must be filed with a short and plain statement about the basis for the appeal, which may be supplemented after the appeal period has expired but before the appeal decision. Appeals of an approval shall not be permitted when based solely on the environmental effects from radiofrequency emissions that are compliant with applicable FCC regulations and guidelines. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. The Community Development Director may decide the issues de novo. Notwithstanding Section 17.12.140(A)(1)(a), the Director's written decision will be the final decision of the City. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.

Applicability.

In general.

There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section and other applicable portions of the Code. Unless exempted, every person who desires to place a small cell facility must obtain a Wireless Permit authorizing the placement or modification in accordance with this Code.

All facilities with pending applications as of the effective date of the ordinance codified in this Section shall be subject to and comply with all provisions of this Section and other applicable portions of the Code, including the design and development standards adopted pursuant to Section 17.28.240(C)(4)(a).

Exemptions. This Section does not apply to: (a) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes; or (b) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

Other applicable requirements. In addition to the Wireless Permit required herein, the placement of a small cell facility in the City requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited, applicable law governing radio frequency (RF) emissions.

Application Filing. .....Applicant shall submit in person a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: City of San Clemente City Planner, at 910 Calle Negocio, San Clemente, 92673.

Pre-submission meeting. Prior to filing an application for a wireless permit, an applicant is encouraged to schedule a pre-application meeting with the City Planner to discuss the proposed facility, the requirements of this Code, and any potential impacts of the proposed facility.

Application content. An applicant shall submit an application on the form approved by the City Planner, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the City Planner to make required findings and ensure that the proposed facility will comply with applicable federal and state law, the City Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that applicant is entitled to the wireless permit requested, and must specify whether the applicant believes state or federal law requires action on the application within a specified time period.

Fees. Application fee(s) shall be required to be submitted with any application for a Wireless Permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee(s) shall be refundable, in whole or in part, to an applicant for a Wireless Permit unless paid as a refundable deposit.

Incompleteness. Wireless permit applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the City Planner shall notify the applicant in writing specifying the required material omitted from the application.

Automatic withdrawal of incomplete applications. Any application for a wireless permit shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the City Planner within 90 calendar days from the date the application is deemed incomplete by written notice. For purposes of implementing this section, "substantive response" must include, at a minimum, the materials identified as incomplete in the written incomplete notice, and a written response to each comment included in the incomplete notice.

Requests for Exceptions.

Generally. If the applicant demonstrates that the strict application of this Section would result in the effective prohibition of personal wireless service or otherwise violate state or deferral law, an exception may be granted by the City to the standard or standards causing the effective prohibition, but only to the minimum extent required to avoid the prohibition or violation; all other provisions, standards, and criteria would remain in effect.

Burden of proof. The applicant shall have the burden to prove to the City that the exception should be granted.

Timing of request. Requests for exception made by the applicant may only be made at the time of initial application.

No Public Hearing; Public Notice; and Appeal Provisions.

There are no public hearings for applications for Wireless Permits.

A Notice of Application shall be mailed by the City to all property owners within 300 feet of the subject site no more than 10 calendar days following submittal of an application for a Wireless Permit. The Notice of application shall contain the precise location and description of the proposed facility. The Notice of Application shall also contain a description of the administrative process for determinations on Wireless Permits.

The City may, in its discretion, send a courtesy notice of the date a decision on a Wireless Permit application will be rendered by the reviewing authority at least 10 calendar days in advance of the decision date to the applicant and to all property owners within 300 feet of the subject site. Decisions will be posted on the City's website the date that the decision is rendered. Notices pursuant to this section shall be provided both for the decision on an application as well as any appeal decision.

The reviewing authority's decision may be appealed per Section 17.16.075(B)(2).

Required Findings; Decisions; Consultants.

Findings Required for Approval.

The City Planner or Community Development Director, as the case may be, shall approve an application for a Wireless Permit if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

The proposed project complies with all applicable Design and Development Standards or findings have been made for an exception;

ii.

The proposed project is in a preferred location, or the findings have been made for an exception;

iii.

The proposed project fits within the definition of "small cell facility;"

iv.

The applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to radiofrequency emissions; and

The required notice(s) have been given in accordance with this title.

For requests for exceptions to the small cell Design and Development Standards, the City Planner or Community Development Director, as the case may be, shall approve a request for exception if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

A denial of the facility based on the application's noncompliance with a specific provision or requirement would violate state law, federal law, or both; and

ii.

That the exception deviates from this Section and/or the Design and Development Standards to the least extent necessary to prevent a violation of federal or state law or both.

Decisions. Decisions on an application by the City Planner or Community Development Director shall be in writing and include the reasons for the decision. Decisions shall be posted on the City's website and mailed to the applicant. Decisions on appeals shall also be mailed to the person or entity who appealed the decision, if different than the applicant.

Independent Consultants. The City Planner or Community Development Director, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Section. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

Conditions of Approval. .....The City Planner or Community Development Director, as the case may be, shall impose conditions on all permits granted pursuant to this Section. A list of standard conditions for Wireless Permit approvals is maintained by and available from the Planning Division.

(Ord. No. 1690, § 4(Exh. B), 2-18-2020)

17.16.080 - Variances.

Purpose and Intent. .....The purpose and intent of the variance process is to provide relief from development standards in special circumstances. For a variance to be granted, special circumstances related to a property must exist which deprive the property owner of development privileges enjoyed by other property owners in the vicinity and same zone; the deprivation of these privileges must result in a hardship for the property owner. The variance process is not intended to allow the granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

A Minor Exception Permit Process has been established to provide for minor deviations from the development standards in the Zoning Ordinance. Please refer to Section 17.12.090, Minor Exception Permits, of this chapter.

Authority. .....The Planning Commission is the final authority on variances, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action.

Applicability. .....Unless indicated otherwise by this title, a variance is required to deviate from any of the standards contained within the Zoning Ordinance.

Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

Design Review Subcommittee review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings. .....Prior to the approval of an application for a variance, all of the following findings shall be made:

Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

The granting of a variance is consistent with the General Plan and the intent of this title.

Appeals. .....An appeal of the action upon a variance shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications to approved variances which are requested by the applicant shall be reviewed in accordance with Section 17.12.180, Modifications of Approved Applications.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

Approval Runs with the Land. .....The approval of a variance shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 10), 5-5-2015)

17.16.090 - Minor Exception Permits.

Purpose and Intent. .....The purpose of the Minor Exception Permit process is to provide for streamlined review of requests for minor modifications of selected site development regulations and applicable off-street parking requirements in those circumstances where such exception constitutes reasonable use of property, will be compatible with adjoining uses, and will be consistent with the goals and objectives of the General Plan and intent of this title.

Authority. .....The Zoning Administrator is the final authority on Minor Exception Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

Applicability. .....Minor Exception Permits are required for deviations in the following standards:

Arbors, as provided for in Section 17.32.050(A), Arbors;

Encroachment from the median front yard setback, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

Encroachments of bay windows into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(l)(a), landscaping Requirements for Specific Zones, Residential Zones;

Parking modifications for historic structures in RM and RH Zones, as provided for in Section 17.64.125(B), Historic Structures in RM and RH Zones;

10.

Nonconforming structure requirements, exception for single-family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section 17.72.050(1)(3)(b)(i)];

11.

Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

12.

Parking modifications for minor additions to nonresidential and the commercial portion of mixed-use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;

13.

Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;

14.

Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15.

Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

16.

Retaining walls, as provided for in Section 17.24.180(D)(2)(b) and 17.24.180(D)(4), Exceptions;

17.

Satellite antennas, as provided for in Section 17.28.080(B)(2),Minor Exception Permits;

18.

Setbacks for buildings provided encroachments comply with length limitations in Section 17.24.080(B), as follows:

A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,

Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,

A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,

For lots subject to a 16-foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

19.

Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break.

Application Filing, Processing, and Review.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings.

General Findings. Prior to approval of an application for a Minor Exception Permit, all of the following findings shall be made:

The requested minor exception will not interfere with the purpose of the zone or the standards of the zone in which the property is located;

The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the Minor Exception Permit; and

The approval or conditional approval of the Minor Exception Permit will not be detrimental to the health, safety or welfare of the general public.

Specific Findings. In addition to the general findings required in Subdivision 1. of this section, specific findings shall be made prior to the approval of an application for a Minor Exception Permit for the following requests, as follows:

Arbors, specific findings in accordance with Section 17.32.050(A)(3), Required Findings;

Fences, hedges and walls, specific findings in accordance with Section 17.24.090(C)(2)(c), Required Findings;

Garage encroachments, specific findings in accordance with Section 17.32.050(E)(5), Required Findings;

Landscaping requirements for Residential Zones, specific findings in accordance with Section 17.68.050(A)(1)(a)(i), Landscape Requirements for Specific Zones, Residential Zones;

Parking modifications for historic structures in RM and RH Zones, as provided for in Section 17.64.125(B), Historic Structures in RM and RH Zones;

Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Change of Use;

Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

Retaining walls, specific findings in accordance with Section 17.24.180(D)(4)(b), Exceptions;

Satellite antennas, specific findings in accordance with Section 17.28.080(F)(4), Required Findings;

Reduced rear yard setback, specific findings in accordance with Appendix A, subsections (L) and (K).

Appeals. .....An appeal of the action on a Minor Exception Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications to approved Minor Exception Permits shall be reviewed in accordance with Section 17.12.180, Modification of an Approved Application.

Permit is Transferable with Property. .....The approval of Minor Exception Permits shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1319 §§ 6, 7, 2006; Ord. 1314 §§ 9—10, 2006; Ord. 1304, § 14, 2005; Ord. 1253 § 4, 2001; Ord. 1190 §§ 6, 7, 1997; Ord. 1182 §§ 6, 7, 1997; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1548, § 3(Exh. C, §§ 5, 6), 3-6-2012; Ord. No. 1594, § 3(Exh. A, § 11), 5-5-2015; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.095 - Administrative Development Permit.

Purpose. .....This section provides administrative approval of minor projects without significant impacts. Administrative Development Permits are intended to ensure that these minor projects comply with City standards and guidelines, yet provide a streamlined review procedure to facilitate and incentivize minor projects encouraged by City goals and policies.

Applicability. .....Administrative Development Permits are required to allow eligible projects on the following properties:

Nonresidential sites (within nonresidential zones or by legally-established use of property);

Properties within the Architectural Overlay district;

Properties abutting the City's historic resources and landmarks list ("historic structures list");

Properties on the City's historic resources and landmarks list; and

Properties with three or more dwelling units located within 300 feet of residentially zoned buildings on the City's historic resources and landmarks list, if projects are visible from public right-of-way adjoining historic structures and landmarks or are visible from public view corridors designated in the General Plan.

Exemptions. .....The following activities are exempt from an Administrative Development Permit:

Improvements necessary to comply with State or Federal law (e.g. new or modified ramp to meet Americans with Disabilities Act [ADA) Requirements), in which feasible landscaping and architectural changes shall be made proportional to the scope of the proposed project, at the discretion of the City Planner, to maintain compliance with zoning standards and City Design Guidelines.

Interior projects not visible on the exterior of structures and from adjoining public right-of-way.

Landscaping of area under 500 square feet according to standards in Subsection F.11.

Removal and replacement of trees according to standards in Subsection F.11 and at the discretion of the City Planner, provided that a landscape professional demonstrates to the City Planner that the tree(s) meet at least one of the following criteria:

Dead/dying;

II.

Diseased and unlikely to be rehabilitated;

III.

Dangerous; or

IV.

Destructive.

Projects Eligible for Administrative Approval. .....The following types of projects are eligible for ministerial approval of an Administrative Development Permit, if proposed projects comply with this Title, and both the general standards and project specific standards in this Section. If standards are unmet, projects shall require a Site Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).

Additions to Private Recreational Facilities.

Accessory Structures: Other Minor.

Awnings.

Chimneys and Metal Flues.

Color and Finishes: Exterior.

Decks or Patios.

Doors.

Driveways/Paving/Minor Site Work.

Fences.

10.

Historic Resources, Minor.

11.

Landscape Alterations.

12.

Lighting: Exterior.

13.

Mechanical Equipment: General.

14.

Mechanical Equipment: Rooftop.

15.

Porches.

16.

Roofs (and "Reroofs").

17.

Sheds or Spas.

18.

Sidewalk Seating and Enclosures for Commercial Outdoor Dining Areas.

19.

Skylights.

20.

Trellises, Pergolas, or Arbors.

21.

Walls.

22.

Windows.

General Review Standards. .....For approval of a permit, eligible projects must comply with the following general standards and applicable project specific standards in Subsection F.

Design. The architectural design of the addition, alteration, or site change is compatible with the style of buildings that will remain on site. One overall architectural style is required.

Materials. The exterior finish materials of the proposed project match the existing exterior finishes of the structures on the lot, or may be altered if compatible with the architectural style of structures.

Style. Style is expressed through architectural elements such as windows, doors, lighting, railings, trim, eaves, roof pitch, element proportions and materials. The style of the proposed work should be stated on the project plans and matches the existing style or style required for a design district if applicable, such as the Architectural Overlay. Wherever this document references a requirement for style compatibility, the following method is used to determine style compatibility. Staff may reference style books to confirm the proposed style classification. Staff will check for consistency of style of a structure's proposed elements with the elements for the chosen style as described in reference materials. Staff will also check that any patterns or materials created by the existing elements are repeated in the proposed work.

Additions. Additions shall match the architectural style of the building with similar materials, details and colors.

Alterations. Alterations shall match the architectural style of the building or result in one architectural style consistent with Subsection E.3. Alterations are welcome that modify the structure's appearance to be a more traditional form of the style on the site or the style required. Alterations to implement an architectural style that is not typical for the neighborhood or required by this Title are in eligible for an Administrative Development Permit.

Colors. Additions must match the existing colors of the building, siding or trim; or may be altered if compatible with the architectural style that meets guidelines in Subsection E.3. For Spanish architecture, existing colors may be substituted with colors selected from the City Planner-approved color palette.

Scale. The scale of all additions is compatible with the scale of the existing structure, style of the building, and surrounding area. The scale of a project is consistent with the prevailing development patterns of additions in the area. The review criteria utilized to determine correct scale shall be the degree of project visibility, plate heights, roof pitch and maximum building heights. Additions or alterations out of character with the surrounding area or inappropriately sited on the lot, as determined by the City Planner, are not eligible for an Administrative Development Permit.

Historic Considerations. Minor alterations to City, State, or Federally-designated historic resources, or other potentially significant structures, shall maintain character-defining features or avoid any adverse change to the significance to a historic resource in order to be eligible for administrative approval. The City Planner has the discretion to consult with a licensed professional at the applicants cost to make a determination on the significance of structures and impacts of projects. If this guideline is not met, then the project shall be referred to the Zoning Administrator with required consultation of the Cultural Heritage Subcommittee.

Objective Design Standards. Projects shall comply with any objective design standards adopted by the City Council.

10.

Not subject to CEQA. Projects are eligible only if they are categorically or statutorily exempt or otherwise not subject to the California Environmental Quality Act (CEQA).

Project Specific Standards. .....In addition to complying with the general requirements specified in Subsection E above, projects seeking administrative approval must also comply with any applicable project specific requirements in this Subsection. The project specific standards identify which projects are eligible for administrative review, not limit projects permissible in this Zoning Code (Title 17).

Additions to Private Recreational Facilities. Additions to buildings are eligible for administrative approval that are up to 500 square feet, less than 50 percent of the existing building's floor area, and meet the following criteria:

The project is not located in the Architectural Overlay;

The site is not on the City's designated historic resources and landmarks list;

The addition is to a private recreational facility building;

The project is not visible from a scenic corridor designated in the General Plan.

Accessory Structures: Other Minor. Minor accessory structures, such as barbeques, fire pits, and low counter tops, not addressed otherwise in the project-specific standards (this Subsection) are eligible for administrative approval if the following apply: -

For the City's designated historic resources and landmarks list, accessory structures are limited to those that are a maximum height of six feet and are detached from buildings; and

Structures are screened from adjoining public right-of-way and have materials that meet general standards in Subsection E.

Awnings. Awnings over window or door openings that are compatible with the style and colors of the structure are eligible. Awnings shall be canvas with wrought-iron supports on new buildings and major remodels in the Architectural Overlay and on historic structures with Spanish architecture.

Chimneys and Metal Flues. All of the following standards must be met:

For the City's designated historic resources and landmarks list, the project is limited to repairing or altering the chimney and flue to improve the resource's historical integrity with a design, style, and materials to restore the original condition or be architecturally compatible.

Chimneys are consistent with the style of the existing structure and use masonry, stone, stucco, or metal pipe.

Wood material is not used on chimneys.

Metal flues are of traditional design and are painted to match the roof color.

The shape of the chimney is fairly uniform, i.e. there is no awkward extensive projection of exposed pipe beyond the top of the chimney in response to Building and Safety requirements.

Color and Finishes: Exterior. The project is consistent with Subsection E, General Standards, Colors and Materials. For the Architectural Overlay and historic structures with Spanish architecture, stucco shall be 'steel, hand trowel' applied with a smooth Mission finish, slight undulations, bull-nosed corners and edges, including archways; and no control/expansion joints.

Decks or patios. New or altered decks or patios less than 200 square feet at the first floor level are eligible for administrative approval if the following standards are met:

For the City's designated historic resources and landmarks list, the decks or patios must be screened from public right-of-way and detached to be eligible.

New decks or patios are of a scale and style which is compatible with the structure to which the deck is attached.

When viewed from a public viewing location, the proposed deck or patio is not likely to be more noticeable than the structure it is attached to.

New decks or patios are not located to cause potential privacy or noise impacts to adjacent properties.

Deck or patio materials are finished to be compatible with the color scheme of the primary structure.

Doors. Minor door alterations - for example, to enhance access by the physically challenged and for compliance with the Americans with Disabilities Act (ADA) - are covered by this provision. Installation of guard/hand rails shall be referred to the consent calendar. The modification of doors and sidelights within existing rough openings should be designed to comply with the following requirements for Administrative approvals:

For the City's designated historic resources and landmarks list, every effort shall be made to avoid alterations first with repairs and maintaining the original doors. If this cannot be done, projects shall replace doors to match the originals to the best extent possible based on historical photos or the existing condition.

The type of proposed doors and color of frames are compatible with the architectural style of the building and appear compatible with existing doors.

If the doors of an addition are the same size and material as existing nearby doors, the proposed doors match the existing nearby doors in appearance.

Door and sidelight sash material matches the window material.

Where adjacent windows are "divided light" type, the new doors and sidelights shall also mimic the appearance of divided lite windows. Where dual glaze glass is used, the mullions should break the exterior pane.

In door pairs, both doors should have the same width.

In doors with sidelights, sidelights should have the same width if feasible.

Doors and sidelights should be placed symmetrically within architectural elements.

Any changes in paving material associated with the door alteration match the existing material.

Driveways/Paving/Minor Site work. Extensions, modifications, and additions to driveways are eligible for administrative approval if all of the following requirements are met:

For the City's designated historic resources and landmarks list, changes to site work shall be limited to providing access to entrances and exits, patios, courtyards, and utility pathways; so landscape area is preserved. The exceptions are changes to provide safe access to required parking and pedestrian sidewalks that meet City standards;

There is no drainage impact on adjoining lots;

Any paving or driveway additions or modifications are of the same materials as the existing paving or driveway materials;

For residential development, the driveway width complies with Engineering technical standards;

Any new driveway paving materials are compatible with the existing structure and surrounding area; and

New paved parking areas, such as expansions to commercial parking lots, are screened from adjoining public property through fencing, landscaping or other structures.

Fences. Chain link, chicken wire, metal, plastic, vinyl, wire-mesh and unfaced cement block fence materials are not eligible for administrative approval. Fences not specifically excluded in the preceding sentence may be reviewed and approved administratively if:

The fences meet zoning requirements;

For the City's designated historic resources and landmarks list, eligible fences are not in yards adjacent to street frontages;

The fence height shall preserve views of traffic to-and-from driveways and the public right-of-way; and

The fence design and materials shall be compatible with the street scene and the materials and finishes of the primary structure.

10.

Historic Resources, Minor. In addition to the general standards above (Subsection E) and other project-specific standards in this Subsection, the following applies to repairs and upgrades to historic resources and landmarks on the City's designated historic resources and landmarks list; repairs and refinishing of existing materials are eligible; such as stucco, roof tiles, pavers, wood trim, and stone, if the following apply:

Repairs and refinishing of existing materials shall be completed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties; such as repairs to stucco, roof tiles, pavers, wood trim, and stone;

Original materials are to be repaired and refinished to every extent possible versus replacement. Photographs of the existing material conditions and of the work completed shall be provided for the property file;

Minor alterations are eligible that improve the historical integrity of historic resources and landmarks on the City's designated historic resources and landmarks list; such as installation of painted decorative tiles on stair risers or replacing non-original features with documented traditional period appropriate materials, such as replacing vinyl windows with wood windows that meet window standards in this Subsection;

For historic structures with Spanish architecture, work shall be completed according to the City's Henry Lenny Design Guidelines; and

If material replacement is demonstrated to be necessary, the materials shall be selected to mimic the original conditions unless alterations will improve the significance such as replacing vinyl with wood windows (see window guidelines for more on that work). Photographs of the existing material conditions and of the work completed shall be provided for the property file.

11.

Landscape Alterations. Excluding exempt landscaping changes in Subsection C, the following standards apply to landscape alterations eligible for administrative approval:

For the City's designated historic resources and landmarks list, changes shall exclude landscaping noted on a historic survey form identified as a contributor to the significance of a historic resource;

The project adds or alters 500 square feet or more of landscaping;

The alteration complies with zoning requirements;

The alteration is consistent with City Design Guidelines, including the recommended plant list;

Tree Removal. The removal or replacement of trees shall meet the following criteria:

Replacement trees shall be a minimum of a 24-inch box size;

ii.

Trees are ineligible if taller than 25 feet high and replaced within yard area between a building and public right-of-way; and

iii.

Trees are ineligible if located within a public view corridor designated in the General Plan, or if required to screen hillside ridgelines according to the Hillside Development Ordinance in Chapter 15.40 of this Municipal Code.

12.

Lighting: Exterior. The following standards must be met for administrative approval:

Replacement or installation of additional fixtures is compatible in style, color and scale with the existing structure or building to which lighting is attached;

Lighting fixtures and placement meet the lighting requirements and Design Guidelines; and

For the City's designated historic resources and landmarks list, see Subsection F.10 for additional standards.

13.

Mechanical Equipment: General. Equipment such as water heaters, water heater enclosures, electrical or gas metering equipment and pool and spa equipment must be located and screened as follows in order to be eligible for administrative approval:

If the new mechanical equipment is installed at ground level, it is placed as close to the building as practicable and screened from view through fencing, landscaping or other structures, landscape screening, the preferred method of screening, is indicated on project plans to be maintained;

All cables connecting outdoor equipment are properly secured and/or buried in the ground;

Equipment shall be installed over existing hardscape surfaces first if possible; and

All pool and spa equipment is located as far away from adjoining properties as reasonably practicable in consideration of neighbors, and the equipment's property line decibel level is consistent with the Noise Ordinance.

14.

Mechanical Equipment: Rooftop. Transmitting antennas, including wireless facilities, are not eligible for administrative approvals. Satellite antennas and other rooftop equipment reviewed by Staff must comply with the following standards:

Equipment shall be screened from on-site parking areas, adjacent public streets and adjacent residentially zoned property. The height of equipment screens shall be less than 10 feet tall and under the height limit of the zone;

If equipment must be visible from off-site locations, despite screening or in cases where only vegetative screening is used, the equipment is painted the same color as the roof or adjacent background, as specified by the City Planner. However, for the City's designated historic resources and landmarks list, visible equipment on historic resources and landmarks is ineligible for administrative approval; and

Screening shall be integrated into the appearance of the overall building; and

15.

Porches. Porches are covered outdoor spaces attached to the primary structure eligible for administrative approval that meet the standards below, excluding the City's designated historic resources and landmarks list.

Porches may be a maximum of 200 square feet;

Porches unscreened from the public right-of-way shall be on less than 50 percent of a building elevation's length;

The porch shall be integrated into the primary structure with a compatible design and materials; and

Porch railings have open pickets, glass, or other design and material with spacing to maintain visibility of the primary structure from the public right-of-way, unlike than a solid guardrail.

16.

Roofs (and "Reroofs"). Roofs (including new roof material and "reroofs") must comply with the following standards:

The type and color of roofing material is compatible with the architectural style of the structure;

Roofs of additions or accessory buildings match the existing roof pitch of the structure;

For the Architectural Overlay and historic structures with Spanish architecture, roof tiles shall have materials and be installed according to the Henry Lenny Design Guidelines.

17.

Sheds or Spas. The following standards must be met:

The shed or spa is entirely screened from public right-of-way and separated from buildings according to the Building Code;

The shed or spa area is 120 square feet or smaller;

Materials match site fencing or the main structure's materials and colors; and

Any mechanical equipment meets criteria Subsection F.13 and F.14 above.

18.

Sidewalk Seating and Enclosures for Commercial Outdoor Dining Areas. The placement, style, color and types of outdoor dining furniture and barriers shall be consistent with and complement the design and appearance of the building and site, consistent with General Standards in Subsection E. The outdoor dining furniture and barriers shall also be in conformity with Public Works standards.

19.

Skylights. Skylights must meet the following standards for eligibility:

For the City's designated historic resources and landmarks list, skylights shall not be installed over original building areas;

Skylights are compatible with the architectural style of the building and with the character of the surrounding area;

Skylights are screened from adjoining properties; and

Skylights shall have an orientation and design to avoid light trespass and glare on other properties in evenings, such as glazing, shades, or tint.

20.

Trellises, Pergolas, and Arbors. Trellises, pergolas, and arbors are architectural elements with posts or columns on the sides and connected by beams and topped with open rafters. They can also include trellis overhead between the rafters. Trellises, pergolas, and arbors are eligible for administrative approval if:

For the City's designated historic resources and landmarks list, the trellis, pergola, or arbor is screened from public right-of-way and separated from neighboring buildings and property lines according to the Building Code;

The structure covers less than 250 square feet of lot area and is less than 12 feet tall; and

The structure's height, size and materials are compatible with the surrounding area.

21.

Walls. Accessory structure walls shall meet the following criteria:

For historic resources and landmarks, eligible walls are not in yards adjacent to street frontages;

The wall meets zoning standards in Sections 17.24.090, 17.24.180, and 17.24.190; and

The wall materials shall match the color and finish of the primary structure.

22.

Windows. Windows may be replaced or added if the following standards are met:

For the City's designated historic resources and landmarks list, see Subsection F.10 for additional standards;

Windows of additions match the predominant windows of the existing structure;

The window types are of appropriate size and scale for the proposed location(s); and

For the Architectural Overlay and historic structures with Spanish architecture:

Window design shall mimic the appearance of true divided lite windows.

II.

The window surround or flange is to be constructed as part of the frame, not a plant on detail.

III.

Factory color finishes are acceptable.

IV.

Windows materials shall be consistent with allowed types shown in Table 17.16.095 below.

Material Type	Non- residential	Residential with Architectural Overlay	Residential without Architectural Overlay	Historic Structure (original)	Historic Structure (addition)
Wood	Yes	Yes	Yes	Yes	Yes
Metal—Steel or aluminum	Yes	Yes	Yes	No	Yes
Fiberglass	Yes	Yes	Yes	No	Yes
Vinyl
Ground floor	No	No	Yes (non- visible)	No	No
Upper levels non-visible	No	Yes	Yes	No	No

Application Process.

Application Submittal. Administrative Development Permit review is initiated upon submittal of an application in compliance with Section 17.12.040, Filing an application.

Application Review. Projects are reviewed upon submittal of an application in compliance with Section 17.12.040, Filing an application. Then, a case planner is assigned to coordinate the review of the application upon receipt of an application, provided information and materials are reviewed to determine if applications meet criteria for approval of a permit.

Decisions. The City Planner shall approve or deny an application based on whether a project is consistent with the following:

General design standards in Subsection E.

Project-specific standards in Subsection F.

The City's objective design standards.

Appeals. Decisions are subject to appeal processes according to Section 17.12.140.

Reporting of Decisions. .....A summary of decisions will be provided to the Planning Commission at the next regularly scheduled meeting of those hearing bodies in the agenda packet, including permits issued up until the time of packet preparation.

Quality Assurance. .....Projects shall be completed in accordance with City approvals and code compliance procedures in this Municipal Code. City staff have authority to require an inspection of approved projects to ensure work is completed according to approved materials.

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

Approval Runs with the land. .....The approval of an Administrative Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.100 - Development Permit.

Purpose.

Development Permits are required to ensure development projects, not involving the City's designated historic resources and landmarks list, will:

Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

Preserve and strengthen the City's unique atmosphere as a Spanish village;

Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;

Encourage site design and architecture sensitive to community and neighborhood character;

Enhance the visual environment and protects the economic value of existing structures.

Respect the physical and environmental characteristics of the site;

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

Exemplify the best professional design practices through consistency with the City's Design Standards and Guidelines;

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

Encourage a distinct community or neighborhood identity;

Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City's designated historic resources and landmarks list;

Prevent inappropriate design or development of structures; and

Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

Definitions. .....For purposes of this Section, the term "Sensitive areas" shall mean:

Properties located within the Architectural Overlay district;

Properties with single-family residences or duplexes abutting the City's designated historic resources and landmarks list.

Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City's designated historic resources and landmarks list.

Applicability.

When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on the City's list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

Exemptions. The following activities are exempt from a Development Permit.

Activities exempted from an Administrative Development Permit specified in Section 17.16.095;

Improvements State or Federal law requires or preempts from local discretionary review procedures;

Interior projects not visible on the exterior of structures and from adjoining public right-of-way;

Maintenance of property and structures;

Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City's designated historic resources and landmarks list, if all of the following criteria apply:

Projects are not located in the Architectural Overlay district;

ii.

Projects are not visible from public right-of-way that adjoins properties on the City's designated historic resources and landmarks list;

iii.

Projects are not proposed on property abutting properties on the City's designated historic resources and landmarks list; and

iv.

Projects are not visible from public view corridors designated In the General Plan.

Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

Review Authority. .....Table 17.16.100 identifies the required review authority and review process in Section 17.12.060 for each project. Development Permits are acted upon by the highest review authority designated in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100—Review Process for Development Permit

Development Activities	Review Process (Section 17.12.060)
A. New development of nonresidential buildings. 1. New nonresidential primary buildings, excluding public park facilities. 2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28. 3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28. 4. New nonresidential accessory buildings that are screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 2,000 square feet and less than 50 percent of the primary building's floor area. 5. New nonresidential accessory buildings that are unscreened from adjoining public right-of-way, or the building has floor area larger than 2,000 square feet or greater than 50 percent of the primary building's floor area.	Process 3 Process 3 Process 2 Process 2 Process 3
B. Nonresidential building additions. 1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities. 2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.	Process 2 Process 3
C. New development of residential buildings. 1. Development of residential primary buildings that results in five or more dwelling units on a property. 2. New residential primary buildings proposed in the Architectural Overlay District. 3. New residential primary buildings on properties adjoining the City's designated historic resources and landmarks list. 4. Development of a single-family dwelling or duplex across a street and abutting a property on the City's designated historic resources and landmarks list. 5. Development of three or more dwelling units on properties that are not abutting historic structures but located within 300 feet of residentially zoned buildings on the City's designated resources and landmarks list, unless exempted by Subsection 17.16.100(C)(2). 6. New residential accessory buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building's floor area. 7. New residential accessory buildings in sensitive areas (defined in Subsection B) that are unscreened from adjoining public right-of-way or the proposed building has floor area larger than 500 square feet or greater than 50 percent if the primary building's floor area. 8. Accessory Dwelling Units that vary from standards as specified in Section 17.28.270 in which discretionary review is allowed by State law.	Process 3 Process 3 Process 3 Process 2 Process 2 Process 2 Process 3 Process 3
D. Residential building additions. 1. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way where the addition of floor area is less than or equal to 500 square feet and less than 50 percent of the primary building's floor area. 2. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) where the addition of floor area is unscreened from adjoining public right-of-way or the addition is larger than 500 square feet or greater than 50 percent of the primary building's floor area. 3. Residential building additions of floor area 50 percent or greater to nonconforming single-family residences with less than 1,400 square feet of floor areas as of March 21, 1996, expanded up to 2,100 square feet.	Process 2 Process 3 Process 2
E. New accessory structures. 1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.	Process 2
F. Exterior changes. 1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.	Process 2
G. Subdivisions and general provisions. 1. Development on new parcels created from a subdivision of property. 2. New Planned Residential Developments (PRD). 3. New golf courses. 4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170. 5. Relocation of structures according to Section 17.24.160, Relocation of Structures. 6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080. 7. Subdivisions excluding condominiums. 8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks. 9. Residential detached accessory structures over 15 feet in height.	Process 3 Process 3 Process 3 Process 2 Process 2 Process 2 Process 5 Process 3 Process 3

Application Filing, Processing, and Review.

Application Filing.

An application for a Development Permit shall be filed and processed according to Chapter 17.12.

The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

Application Review. A Development Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:

Complete in compliance with Section 17.12.050;

ii.

In compliance with the California Environmental Quality Act as specified in Section 17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant's expense according to City policies and the City Planner's direction;

iii.

Consistent with the purpose of this Chapter and required findings in Subsection F to support the requested Development Permit; and

iv.

Meets applicable development standards, policies, regulations, and guidelines.

Design Review Subcommittee Review. Applications require Design Review Subcommittee (DRSC) review if the application requires Planning Commission or City Council approval. Applications may also be referred to the DRSC by the City Planner or Zoning Administrator.

Decision and Appeal Process. Table 17.16.100 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100.

Required Findings.

General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:

The proposed project is consistent with the General Plan;

The proposed project complies with zoning regulations;

The proposed project is consistent with the City's Design Guidelines;

The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and

The proposed project is in character and compatible with the properties in the neighborhood.

Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following.

For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:

The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or

ii.

The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian-orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.

For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.

For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

Approval Runs with the Land. .....The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed the former § 17.16.100, and enacted a new § 17.16.100 as set out herein. The former § 17.16.100 pertained to architectural permits/cultural heritage permits and minor architectural permits/minor cultural heritage permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1182 §§ 8, 9, adopted 1997; Ord. 1308 §§ 7—8, adopted 2006; Ord. 1445 §§ 2—4, adopted 2007; Ord. No. 1548, § 3(Exh. C, §§ 7—9), adopted March 6, 2012; Ord. No. 1561, § 3(Exh. A, §§ 4, 5), adopted Nov. 27, 2012; Ord. No. 1594, § 3(Exh. A, § 12), adopted May 5, 2015; and Ord. No. 1707, § 3, adopted Feb. 2, 2021.

17.16.110 - Cultural Heritage Permits.

Purpose. .....Cultural Heritage Permits are required for projects affecting sites on the City's list of designated historic structures to ensure projects:

Preserve and strengthen the City's identity as a Spanish village;

Comply with the purpose and intent of the Architectural Overlay district for projects involving cultural and historical resources within the overlay zone identified on the Zoning Map;

Preserve and strengthen the pedestrian-oriented areas designated in the General Plan;

Preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest;

Protect and enhance the City's attraction as a historic community to tourists and visitors;

Promote the use of historic properties for the education, pleasure, and welfare of the people of the City;

Encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian-oriented character;

Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

Encourage site design and architecture sensitive to community and neighborhood character;

10.

Enhance the visual environment and protects the economic value of existing structures.

11.

Respect the physical and environmental characteristics of the site;

12.

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

13.

Exemplify the best professional design practices through consistency with the City's Design Standards and Guidelines;

14.

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

15.

Encourage a distinct community or neighborhood identity;

16.

Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City's designated historic resources and landmarks list;

17.

Prevent inappropriate design or development of structures; and

18.

Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

Applicability.

When Required. Development activities listed in Table 17.16.110 require Cultural Heritage Permits for the development of structures and improvement of property on the City's designated historic resources and landmarks list, unless exempted by Subsection B.2.

Exemptions. The following activities are exempt from a Cultural Heritage Permit.

Activities exempted from an Administrative Development Permit specified in Section 17.16.095.

Improvements State or Federal law requires or preempts from local discretionary review procedures;

Interior projects not visible on the exterior of structures and from adjoining public right-of-way; and

Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

Review Authority. .....Table 17.16.110 identifies the required review authority and review process in Section 17.12.060 for each project. Cultural Heritage Permits (CHP) are acted upon by the highest review authority designated in Table 17.16.110 for proposed development, or if a Cultural Heritage Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.110—Review Process for Cultural Heritage Permit

Development Activities	Review Process (Section 17.12.060)
A. New nonresidential buildings. 1. New nonresidential primary buildings, excluding public park facilities. 2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28. 3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28. 4. New nonresidential accessory buildings screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 5000 square feet and less than 50 percent of the primary building's floor area. 5. New nonresidential accessory buildings unscreened from adjoining public right-of-way, or the building has floor area larger than 500 square feet or greater than 50 percent of the primary building's floor area.	Process 3 Process 3 Process 2 Process 2 Process 3
B. Nonresidential building additions. 1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities. 2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.	Process 2 Process 3
C. New residential buildings. 1. New residential primary buildings. 2. New residential accessory buildings screened from adjoining public right-of-way with less than or equal to 500 square feet and less than 50 percent of the primary building's floor area, and meets zoning standards. 3. New residential accessory buildings unscreened from adjoining public right-of-way or larger than 500 square feet or greater than 50 percent of the primary building's floor area. 4. Accessory Dwelling Units that vary from standards as specified in Section 17.28.270 in which discretionary review is allowed by State law.	Process 3 Process 2 Process 3 Process 3
D. Residential building additions. 1. Residential building additions of floor area less than or equal to 500 square feet and less than 50 percent of the primary building's floor area. 2. Residential building additions of floor area larger than 500 square feet or greater than 50 percent of the primary building's floor area.	Process 2 Process 3
E. New accessory structures. 1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.	Process 2
F. Exterior changes. 1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.	Process 2
G. Subdivisions and general provisions. 1. Development on new parcels created from a subdivision of property. 2. New Planned Residential Developments (PRD). 3. New golf courses. 4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170. 5. Relocation of structures according to Section 17.24.160, Relocation of Structures. 6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080. 7. Subdivisions excluding condominiums. 8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks. 9. Residential detached accessory structures over 15 feet in height.	Process 5 Process 3 Process 3 Process 2 Process 3 Process 2 Process 5 Process 3 Process 3

Application Filing, Processing, and Review.

Application Filing.

An application for a Cultural Heritage Permit shall be filed and processed according to Chapter 17.12.

The application shall include the information and materials specified in the application for a Cultural Heritage Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.

It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E below.

Application Review. A Cultural Heritage Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:

Complete in compliance with Section 17.12.050;

ii.

iii.

Consistent with the purpose of this Chapter and required findings in Subsection E to support the requested Cultural Heritage Permit; and

iv.

Meets all applicable City and State development standards, policies, regulations, and guidelines.

Cultural Heritage Subcommittee Review. Applications require Cultural Heritage Subcommittee (CHSC) review if the application requires Planning Commission or City Council approval Applications may also be referred to the CHSC by the City Planner or Zoning Administrator. The Design Review Subcommittee serves as the CHSC.

Decision and Appeal Process. Table 17.16.110 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100. Appeals are addressed in Section 17.12.140.

Required Findings.

For approval of Cultural Heritage Permit, the Review Authority shall make the following findings:

The proposed project is consistent with the General Plan;

The proposed project complies with zoning regulations;

The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity;

The proposed project is in character and compatible with the properties in the neighborhood;

The proposed project is in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and City's Design Guidelines to substantially further the City's goals of historic preservation, and

The proposed project preserves to the extent feasible the character defining features.

Additional Findings for Requests. In addition to the general findings in Subsection E.1, the Review Authority shall make findings for approval of a Cultural Heritage Permit to allow the following.

For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020. And, for new structures and remodels in the Architectural Overlay District, the Review Authority shall also find one of the following:

The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or

ii.

For exemptions from Chapter 17.72, Nonconforming Structures and Uses, the Review Authority shall find: the proposed exemption from nonconforming regulations is warranted to maintain the historical significance of national, state or a locally designated historic structure.

General Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, time limits on approvals, time extensions, and the review of multiple applications concurrently.

Approval Runs with the land. .....The approval of Cultural Heritage Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. No. 1759, § 3(Exh. A), 10-3-2023)

Editor's note— Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed the former § 17.16.110, and enacted a new § 17.16.110 as set out herein. The former § 17.16.110 pertained to staff waivers of minor architectural permits and minor cultural heritage permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1445 § 5, adopted 2007; Ord. No. 1548, § 3(Exh. C, § 10), adopted March 6, 2012; Ord. No. 1594, § 3(Exh. A, § 13), adopted May 5, 2015; and Ord. No. 1707, § 3, adopted Feb. 2, 2021.

17.16.120 - Reserved.

Editor's note— Ord. No. 1594, § 3(Exh. A, § 14), adopted May 5, 2015 repealed § 17.16.120, which pertained to Planning Commission/Zoning Administrator waivers of Cultural Heritage and Minor Cultural Heritage Permits and derived from Ord. 1445 §§ 6—9, adopted in 2007 and Ord. 1172 § 3 (part), adopted in 1996.

17.16.130 - City Antenna Permits.

Purpose and Intent. .....The purpose of the City Antenna Permit process is to allow for the streamlined review of requests for all new wireless antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed. The City Antenna Permit review process is intended to prevent the negative impacts of antenna proliferation on City property.

Authority. .....The Zoning Administrator is the final authority on City Antenna Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

Applicability. .....A City Antenna Permit shall be required for new antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed Exemption: antennas used by the City. The City Planner initially determines if a project is consistent with the Wireless Master Plan and complies with height limitations. If an antenna does not meet these criteria, then a Conditional Use Permit is required to allow a new antenna on City property.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Application Filing. The review process is initiated when the Planning Division receives a complete application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

Design Review Subcommittee Review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Lease Agreement Required. If the City Antenna Permit is approved, then City Council approval of a lease agreement is required.

Required Findings. .....Prior to the approval of a City Antenna Permit, all of the following findings shall be made:

The proposed project complies with the height limitations of the zoning district in which the project is proposed;

The proposed project does not interfere with the transmission or reception of other signals in the City;

The proposed project does not create adverse visual impacts to the surrounding area or to the City at large; and

The proposed project is consistent with the pre-approved design concepts for City properties identified in the City of San Clemente Wireless Master Plan.

Appeals. An appeal of the decision on a City Antenna Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved City Antenna Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. In addition to the general findings in Section 17.12.175, the City may revoke or modify a City Antenna Permit if one or more of the following findings are made:

The terms of the lease agreement with the City have not been fulfilled; or

The transmission or reception of signals from the antenna interferes with the City communications or other signals in the City.

Other Review Requirements. .....Refer to Chapter 17.12. Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

Approval Runs with the Land. .....The approval of City Antenna Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1471 § 3, 2008: Ord. 1304 § 15, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 15), 5-5-2015)

17.16.140 - Home Occupation Permits.

Purpose and Intent. .....The purpose of the Home Occupation Permit process is to provide for review of requests for incidental and accessory uses to be established in residential neighborhoods under conditions that will ensure their compatibility with the primary residential use. The process is intended to allow residents to engage in home businesses that are harmonious with a residential environment.

Authority. .....The City Planner is the final authority on Home Occupation Permits, subject to the appeal provisions of Section 17.12.140, Appeals of an Action, of this title and the provisions for Home Occupations Permits found in Section 17.28.160, Home Occupations. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Applicability. .....A Home Occupation Permit is required for any business operated in a dwelling unit legally existing in any zone.

General Regulations. .....For the general regulations for Home Occupation Permits, please refer to Section 17.28.160(C), Minimum Standards.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Review Procedures. .....The City Planner shall approve, conditionally approve, or deny the application, subject to the requirements for Home Occupation Permits found in Section 17.28.160(C), Minimum Standards, within 15 days following receipt of a completed application. If an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Zoning Administrator meeting as a New Business item. The Zoning Administrator shall approve, approve with modifications, or deny the Home Occupation Permit.

Required Findings. .....Prior to the approval of an application for a Home Occupation Permit, a finding shall be made that the application complies with the minimum standards for home occupations in accordance with Section 17.28.160(C), Minimum Standards.

Appeals. .....An appeal of the decision on a Home Occupation Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications to approved Home Occupation Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. In addition to the general findings in Section 17.12.175, the City may revoke or modify a Home Occupation Permit if one or more of the following findings are made:

The provisions of Section 17.28.160(C), Minimum Standards, for Home Occupation Permits, are being violated or are not being satisfied.

The home occupation for which the permit was granted has ceased or has been suspended for six calendar months.

The conditions of the premises, or the surrounding district or areas have changed so that the home occupation may no longer be justified under the meaning or intent of this section.

Other Review Requirements. .....For other general requirements related to the review of applications, such as time limits on approvals and requests for extensions of approvals, please refer to Chapter 17.12, Development Review Process.

Approval Runs with the Applicant/Location. .....A Home Occupation Permit remains valid as long as the applicant complies with all conditions and remains at the specific address for which the permit was established.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 16), 5-5-2015)

17.16.145 - Short-term Lodging Unit (or STLU) Zoning Permit.

Purpose and Intent; Zoning Permit Required. .....The STLU zoning permit process prescribed in this chapter is to provide for a more expeditious and streamlined review and approval procedure for STLUs that are consistent with the standards of this title. An STLU zoning permit is required to operate an STLU.

Authority. .....The City Planner is the final authority on STLU zoning permits subject to the concurrent review and appeal provision of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Submittal Requirements. .....STLU zoning permit applications shall be as prescribed by Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Review Procedures. .....Following receipt of a completed application, the City Planner shall review the application for compliance with the Zoning Ordinance.

Recordation. .....As a condition of every STLU zoning permit, the STLU owner must cause to be recorded with the County Clerk—Recorder, at the owner's expense, a "REQUEST FOR NOTICE AS AUTHORIZED BY CIVIL CODE SECTION 2924b, SUBD. (a)" covenant. It must state that the property owner covenants to give the City notice of any change in ownership upon conveyance of the property. Notice must be by the owner or by the owner's escrow agent. The STLU zoning permit is void as of the date of conveyance.

Appeals. .....Appeals of decisions on STLU zoning permits shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved STLU zoning permits shall be reviewed in accordance with Section 17.12.180, Applicant Requests to Change Approved Applications, of this title.

Modifications or Revocations Initiated by the City. .....The City may change or revoke STLU zoning permits as provided in Section 17.12.175 of this code. The City may also impose penalties and revoke STLU zoning permits and STLU operating licenses pursuant to Sections 3.24.050 through 3.24.067 pursuant to the procedures found therein.

Required Findings. .....Prior to the approval of an application for a STLU Zoning Permit, all of the following findings shall be made:

The owner has fully complied with the provisions of this chapter.

The STLU property has not previously been the subject of an STLU zoning permit that was revoked under this title within the previous 24 months; and

The STLU owner has not previously held a STLU zoning permit or STLU operating license that was later revoked under this code.

The STLU meets the minimum operating standards of Subsection 17.28.292C. and (D);

The STLU qualifies for an STLU operating license pursuant to Chapter 3.24.

Other Review Requirements. .....The development review process for STLU zoning permit applications, such as time limits on approvals and time extensions, shall be those prescribed by Chapter 17.12, Development Review Process, for general application processing.

STLU Zoning Permit Approval Does Not Run with the Land. .....An STLU zoning permit is owner-specific and does not run with the land. Any change of ownership terminates an existing STLU zoning permit and requires issuance of a new STLU zoning permit to the new owner for continued operation of the STLU. A change of ownership shall include, but not be limited to, the sale of at least 50 percent of the shares in any type of corporation or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the permittee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire, by purchase or otherwise, the interest of the partner or partners who withdrew without effecting a change in ownership, and in such case, the permittee shall be deemed to be the surviving partner(s). If the STLU property is held in trust, including in a living trust, then, for purpose of this subsection, ownership terminates upon a change of the primary beneficiary or beneficiaries. If a property owner or owners transfer ownership of a property into a trust, a change of ownership will not be deemed to have occurred as long as every primary beneficiary of the trust was also an owner of the property before the transfer.

(Ord. No. 1622, § 5, 5-17-2016; Ord. No. 1654, §§ 5—7, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.146 - Short-term Apartment Rental Permit.

Purpose and Intent; STAR Permit Required. .....It is the purpose of the Short-term Apartment Rental ("STAR") permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location do not require discretionary consideration by the Planning Commission. The STAR permit process has as its purpose the same goals for uses described for the Minor Conditional Use Permit process included in Section 17.16.060A. Conditional Use Permits Purpose and Intent of this chapter, with the exception of the owner-specific nature of the permit not running with the land, A STAR permit is required to operate a STAR.

Authority. .....The Zoning Administrator is the final authority on STAR permits subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

Applicability. .....A STAR permit is required for each STAR that is located in a residential zone where general STLUs are not permitted as indicated by the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards.

Use Requirements. .....The standards for STLU uses prescribed in Section 17.28.292 shall apply to STAR permits.

Submittal Requirements. .....The submittal requirements for STAR permit applications shall be those required under Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter, applicable development standards, policies, regulations, and guidelines.

Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards policies, regulations and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards policies, regulations, and guidelines.

Environmental Review. After an application is complete the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

Public Hearing and Appeal Provisions.

Public Hearing is Required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings. .....Prior to approval of an application for a STAR permit, all of the following findings shall be made.

The proposed use is permitted within the subject zone pursuant to the approval of a STAR permit and complies with all the applicable provisions of this title, the San Clemente General Plan, and the purpose and intent of the zone in which the use is being proposed.

The site is suitable for the type and intensity of use that is proposed.

The proposed use will not be detrimental to the public health safety, or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed use will not negatively impact surrounding land uses.

The use meets the minimum operating and development standards of Subsections 17.28.292E. and F.

The STAR qualifies for an STLU operating license pursuant to Chapter 3.24.

Recordation. .....As a condition of every STLU zoning permit the STLU owner must cause to be recorded with the County Clerk—Recorder, at the owner's expense a "CITY'S RIGHT TO NOTICE OF CHANGE IN OWNERSHIP" covenant. It must state that the property owner covenants to give the City notice of any change in ownership upon conveyance of the property. Notice must be by the owner or by the owner's escrow agent. The STLU zoning permit is void as of the date of conveyance.

Modifications Requested by the Applicant. .....Modifications to approved STAR permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Approval Does Not Run with the Land. .....A STAR permit is owner-specific and does not run with the land. Any change of ownership terminates an existing STLU zoning permit and requires a new STLU zoning permit to be issued to the new owner for continued operation of the STLU. A change of ownership shall include but not be limited to the sale of at least 50 percent of the shares in any type of corporation or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the permittee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire by purchase, or otherwise, the interest of the partner or partners who withdrew without effecting a change in ownership, and in such case the permittee shall be deemed to be the surviving partner(s). If the STLU property is held in trust, including in a living trust, then, for purpose of this subsection, ownership terminates upon a change of the primary beneficiary or beneficiaries. If a property owner or owners transfer ownership of a property into a trust, a change of ownership will not be deemed to have occurred as long as every primary beneficiary of the trust was also an owner of the property before the transfer.

(Ord. No. 1622, § 6, 5-17-2016; Ord. No. 1654, § 8, 5-15-2018)

17.16.150 - Temporary Use Permits.

Purpose and Intent. .....The purpose of the Temporary Use Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.300, Temporary Uses and Structures, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of temporary use is restored to its condition prior to establishment of the use.

Authority. .....The table below describes the authority on Temporary Use Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A—Review Requirements for Temporary Use Permits

Threshold for review	City Planner	Discretionary—Zoning Administrator
Temporary Uses and Structures Not Specified	X
Annual and Seasonal Holiday Sales	X
Temporary Construction Project Uses and Structures	X
Model Home Complexes and Sales Offices	X
Temporary Outdoor Displays	X
Special Activities:
Parking Lot Sales	X
Residential uses when providing shuttle/valet services	X
Non-residential Special Activities and shuttle/valet services:
Up to 2 consecutive days	X
Three or more consecutive days and not to exceed 24 days annually		X

Applicability. .....The provisions of this section shall apply to all temporary uses and structures requiring the approval of a Temporary Use Permit, as required in Section 17.28.300, Temporary Uses and Structures.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Review Procedures. .....Following the receipt of a complete application, the Review Authority, identified in Table 17.16.155A, shall review a Temporary Use Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings pursuant to 17.16.150(G), Required Findings.

If the City Planner is the review authority and an application is not acted upon within 30 days, the application shall be put on the next available agenda for a regularly scheduled Zoning Administrator meeting as a New Business Item.

A public hearing and notification is required when the review authority is the Zoning Administrator. The Zoning Administrator then shall approve, approve with modifications and/or conditions, or deny the Temporary Use Permit.

Conditions. .....Please refer to Section 17.28.300(J), Conditions, for a list of potential conditions of approval for temporary uses.

Required Findings.

City Planner Decisions. For administrative approval of a Temporary Use Permit, the City Planner shall find the application complies with the Zoning Code (Municipal Code Title 17).

Zoning Administrator Decisions. For discretionary approval of a Temporary Use Permit, the Zoning Administrator shall find all of the following:

The proposed use is permitted within the subject zone pursuant to the approval of a Temporary Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed; and

The site is suitable for the type and intensity of use that is proposed; and

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and

The proposed use will not negatively impact surrounding land uses.

Appeals. .....An appeal of the decision on a Temporary Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Modifications and/or Revocations Initiated by the City. .....The City may take code enforcement action when conditions of approval are violated or it is necessary to resolve a nuisance, including but not limited to making changes to conditions of approvals or require activities to cease. If the City finds the application contained incorrect, false, or misleading information, the City may revoke the approval of applications. Refer to Section 17.12.175 for related procedures and required findings. If issues arise from a permitted special activity, the Review Authority may consider such issues as part of the administrative record for decisions on future special activity requests.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

Approval Runs with the Land. .....The approval of permits shall run with the land, and shall continue to be valid for the specific dates of the approved use or activity upon a change of ownership of the site to which it applies.

(Ord. 1304 § 16, 2005; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 6), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 17), 5-5-2015; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.155 - Special Activities Permits.

Purpose and Intent. .....The purpose of the Special Activities Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.295, Special Activities, of this title, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for special activities are specified and complied with, and that the site of special activity is restored to its condition existing prior to establishment of the activity.

Authority. .....The table below describes the authority on Special Activities Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The Community Development Director and Zoning Administrator have the discretion to refer applications to the Planning Commission for review and final action. When an application is referred, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A
Review Requirements for Applicable Special Activities in Non-Residential Zones

Threshold for review— Number of days the special activity will occur during a calendar year	Discretionary— Community Development Director	Discretionary— Zoning Administrator	Discretionary— Planning Commission
One day:	X
With beer and wine consumption	X
With hard alcohol consumption	X
Two or more days and not to exceed 15 days:		X
With beer and wine consumption		X
With hard alcohol consumption			X

Applicability. .....The provisions of this section shall apply to all special activities on private property requiring the approval of a Special Activities Permit, as required in Section 17.28.295, Special Activities.

Non-residential Zones. A Special Activity is defined as any activity on private property (commercial or non-commercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within non-residential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Review Procedures. .....Following the receipt of a complete application, the review authority, identified in Table 17.16.155A, shall review a Special Activities Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings below. A public hearing and notification is required when the review authority is the Zoning Administrator or Planning Commission. If the Community Development Director is the review authority and an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Planning Commission meeting as a New Business item. The Planning Commission then shall approve, approve with modifications, or deny the application.

Conditions. .....Please refer to Section 17.28.295F., Conditions, for a list of potential conditions of approval for temporary uses.

Required Findings. .....Prior to the approval of an application for a Special Activities Permit, the following findings shall be made:

The proposed use is permitted within the subject zone pursuant to the approval of a Special Activities Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

The site is suitable for the type and intensity of use that is proposed.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed use will not negatively impact surrounding land uses.

Appeals. .....An appeal of the decision on a Special Activities Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Modifications Requested by the Applicant. .....Modifications requested by the applicant to approved Special Activities Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

Modifications and/or Revocations Initiated by the City. .....The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. When a Special Activities Permit has been revoked, another Special Activities Permit shall not be issued to the same location within one calendar year of the date of revocation.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

Approval Runs with the Land. .....The approval of applicant/location permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1314 § 11, 2006)

(Ord. No. 1561, § 3(Exh. A, § 7), 11-27-2012; Ord. No. 1594, § 3(Exh. A, § 18), 5-5-2015)

17.16.160 - Designation of Historic Resources and Landmarks.

Purpose and Intent. .....The purpose of this section is to provide a method for determining whether places, sites, buildings, structures, objects or improvements, manmade or natural, shall be included on, or deleted from, the City's Designated Historic Resources or Landmarks Lists.

Authority. .....The Planning Commission is the final authority on amendments to the City's Designated Historic Resources List, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action, of this title. The Planning Commission shall indicate by resolution its proposed recommendation on amendments to the City's Landmark List. The City Council is the final authority on amendments to the City's Landmark List.

Applicability. .....This section shall apply to all amendments to the City's Designated Historic Resources or Landmarks Lists. The provisions of this title shall not apply to a designated property or any adjacent property until the written notice required by this section has been sent to the property owner by the Commission or Council.

Initiation of Amendments to the City's Designated Historic Resources List or City's Landmarks List. .....An amendment to the City's Designated Historic Resources List or Landmarks List may be initiated by any of the following actions:

At the direction of the City Planner;

The filing of an application by a property owner(s) or his/her (their) authorized agent(s).

Submittal Requirements. .....For owner-initiated applications, please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

Standards to be Applied in Designating or Deleting Historically Significant Resources and Landmarks.

Designation of Historic Resources. In designating any place, site, building, structure, object, or improvement, whether manmade or natural, in its natural setting as being of historical or cultural significance and worthy of protection under this section, the property shall have been found to have historical, cultural, or special character or interest for the general public and not be limited in interest to only a special group of persons.

The criteria to be used in determining historical, cultural or special character or interest is that the place, site, building, structure, object, or improvement is at least 50 years old, or less than 50 years old with exceptional importance, possesses integrity of location, design, setting materials, and workmanship; and meets one or more of the following:

Is associated with events that have made a significant contribution to the pattern of local, state or national history, specifically the 1925—1936 Ole Hanson period or the 1950s and 1960s post-World War II period.

Is associated with the lives of persons or with institutions significant in local, state or national history, specifically the 1925—1936 Ole Hanson period, or buildings and structures associated with President Richard Nixon.

Embodies the distinctive characteristics of an architectural style, type, material or the use of indigenous materials or craftsmanship, or is the work of an architect, designer or builder significant in local, state or national history. Periods for San Clemente with distinctive characteristics, as identified in the Historic Resources Survey, consist of: 1925—1936 Ole Hanson period of Spanish Colonial Revival; the 1937—1949 period for non-Spanish Colonial Revival; the 1950s and 1960s Mid-Century, Modern-style commercial buildings; and, 1950s buildings in general.

Retains character-determining architectural features and materials.

Exhibits Spanish Colonial Revival architectural style.

In addition, when designating a historic district, the district shall include preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

Designation of Landmarks. In designating any place, site, building, structure, object, or improvement, manmade or natural, and worthy of added protection under this section, the property shall have been found to have special historical, cultural, architectural, archeological, social, or aesthetic character or value inherent to the City, State, or Nation.

The criteria to be used in determining special historical, cultural, architectural, archeological, social, or aesthetic character or value is that the Landmarks shall be on the Designated Historic Resources List and meet one or more of the following criteria:

Associated with events that have made a significant contribution to the broad patterns of the history of the City, State, or Nation.

Associated with persons significant in the history of the City, State, or Nation.

Embodies distinctive characteristics of a style, type, period, or method of construction. Of primary importance to San Clemente is the Spanish Colonial Revival architecture.

Exemplifies the best remaining building type or architectural style in a neighborhood.

Is essential to the integrity of another landmark.

Is integral to maintaining a natural or cultural landscape that strongly contributes to the well-being of the people of the City, State, or Nation.

Has a unique location, singular physical characteristic(s), or is a landscape, view, or vista representing an established and familiar visual feature of a neighborhood, community, or of the City.

Responsibilities of Designation/Expenditure of Public Funds. Whenever a property proposed to be so designated is private, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If, after careful review, the Planning Commission proposes that public funds be expended for the preservation, restoration, maintenance or protection of a designated property or for any other purpose in connection with said designation, the recommendation made by the Planning Commission to the City Council shall set forth all facts and reasons for such recommendation and shall include a statement setting forth, as accurately as possible, the estimated cost in public funds which would be so involved. The City Council, in acting upon said proposed designation, shall also determine whether the expenditure of public funds in connection with said designation is justified. If the owner of a designated property so desires, he or she will be presented a plaque commemorating such historically valuable designation.

Deletion. In deleting any place, site, building, structure or object from the City's Designated Historic Resources or Landmarks Lists, the owner(s) or his/her (their) authorized agent(s) shall be responsible to provide evidence in accordance with one of the following:

The information relied on by the Planning Commission or City Council in making the original designation was erroneous or false, or significant new information is available that was not previously available, such that the place, site, building, structure or object does not meet the criteria specified in Subsection (F)(1) or (F)(2) of this section.

Circumstances wholly beyond the property owner's control have rendered the resource ineligible for designation in accordance with the criteria specified in Subsection (F)(1) or (F)(2) of this section.

Review Procedures.

City's Designated Historic Resources List.

Following receipt of a completed application or direction from the City Planner to list or remove a property on the City's Designated Historic Structures List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Design Review Subcommittee of the Planning Commission. Consideration of amendments to the list by the Design Review Subcommittee shall be agendized at least 72 hours in advance of the hearing. The Design Review Subcommittee shall review the request and make a recommendation to the Planning Commission to add and/or delete various properties from the City's Designated Historic Resources List. The City Planner shall forward the Design Review Subcommittee's recommendation to the Planning Commission.

After the Design Review Subcommittee's recommendation for properties to be listed on or removed from the Historic Resources List, a public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from, or to, the City's Designated Historic Resources List, (or shall make a recommendation on the amendment to the City Council if the project is a concurrent project as defined in Section 17.12.090).

In designating a historic district, the resolution shall incorporate preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

Landmarks List.

Following receipt of a completed application or direction from the City Planner to list or remove a property on the Landmarks List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Planning Commission. A public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution recommending that the City Council delete or add the subject properties from, or to, the City's Landmarks List.

After the Planning Commission's recommendation, a hearing before the City Council shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the City Council hearing, the City Council shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from or to the City's Landmarks List (or the Designated Historic Resources List if the project is a concurrent project as defined in Section 17.12.090 or an appeal as defined in Section 17.12.140).

Notification of Designation or Deletion of Historically Significant Properties. .....Upon initial completion and subsequent amendment, the Planning Commission or the City Council shall be responsible for the following notices regarding the City's Designated Historic Resources List or Landmarks List, respectively:

Notification in writing to the owner of each such property of the fact that such property has been so designated or deleted. The Commission or Council shall give all such persons prior written notice of any further action which it intends to take with respect to each such property. Notice shall be mailed to the owner at the address shown on the last equalized assessment roll of the County of Orange a minimum of 10 days prior to the time the Commission takes any further action regarding the property.

Transmittal of the list to Director of Community Development and the City Engineer.

Appeals. .....An appeal of the decision on the City's Designated Historic Resources List or Landmarks List shall be reviewed in accordance with Section 17.12.140, Appeals of an Action, of this title.

Approval Runs with the Land. .....The approval of designation of a historic property shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1445 § 10, 2007: Ord. 1194 § 2, 1997: Ord. 1172 § 3 (part), 1996; Ord. No. 1707, § 3, 2-2-2021)

17.16.170 - Demolition of Historic Properties.

Purpose and Intent. .....The purpose of this section is to the provide a review procedure for requests to demolish buildings, structures and other resources on the City's Designated Historic Resources List and buildings, structures and other resources on or eligible for listing in the California Register of Historic Resources. For the purposes of this section, the term "demolish" shall mean an act that destroys in whole or in part a designated historic resource.

Authority. .....The City Council, upon recommendation from the Planning Commission acting as the City's Cultural Heritage Board, shall be responsible for the issuance of a Historic Demolition Permit for any building, structure or other resource located within the City of San Clemente which is: (1) on the City's Designated Historic Resources List; or (2) listed in or eligible for listing in the California Register of Historic Resources. The issuance of a Historic Demolition Permit is a precondition to obtain from the City's Building Department a demolition permit to demolish any building, structure or other resource located within the City of San Clemente which is: (1) on the City's Designated Historic Resources List; or (2) listed in or eligible for listing in the California Register of Historic Resources.

Applicability. .....This section shall apply to all applications for or resulting in the demolition of any buildings, structures or other resources listed on the City's Designated Historic Resources List or listed or eligible for listing in the California Register of Historic Resources. Eligible for listing in the California Register of Historic Resources means, as identified in San Clemente's Historic Resources Survey and as may be amended, one or more of the following:

•

Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States, specifically the 1925—1936 Ole Hanson period or the 1950s and 1960s post-World War II period; or,

•

Associated with the lives of persons important to local, California or national history, specifically the 1925—1936 Ole Hanson period, or buildings and structures associated with President Richard Nixon; or,

•

Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. Periods for San Clemente with distinctive characteristics, as identified in the Historic Resources Survey, consist of: 1925—1936 Ole Hanson period of Spanish Colonial Revival; the 1937—1949 period for non-Spanish Colonial Revival; the 1950s and 1960s Mid-Century, Modern-style commercial buildings; and, 1950s buildings in general; or,

•

Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. See the Historic Resources Survey if amended to identify these resources for San Clemente.

Restriction on Issuance of Demolition Permits. .....No permit for the demolition of any structure or other resource listed on the City's Designated Historic Resources List or listed in or eligible for listing in the California Register of Historic Resources shall be issued unless and until the City Council first issues a Historic Demolition Permit pursuant to this section.

Review Procedures for Demolition Requests.

Notification of Request. Whenever an application for a permit is filed with any City department for the demolition of any building, structure or resource on the City's Designated Historic Structures List or listed in or eligible for listing in the California Register of Historic Resources, the application shall be deemed incomplete until such time as the City Council issues the discretionary Historic Demolition Permit (as opposed to the permit to demolish issued by the City Building Official) under this section.

Review Procedure. Following the receipt of a completed application and completion of the required environmental documentation under the California Environmental Quality Act, a public hearing before the Planning Commission shall be noticed and held pursuant to Section 17.12.100, public hearing and notification, of this title. After completion of the Planning Commission hearing, the Planning Commission shall indicate by resolution whether it recommends that the proposed Historic Demolition Permit be approved, approved with modifications and/or conditions, or denied by the City Council. A public hearing before the City Council will then be noticed and held pursuant to Section 17.12.100. After completion of the public hearing the City Council shall indicate by resolution whether the application for the proposed Historic Demolition Permit is approved, approved with modifications and/or conditions, or denied.

Required Findings. Prior to any approval of an application for a Historic Demolition Permit, the following finding in subparagraph (a) or alternatively, the findings in subparagraphs (b) and (c) below shall be made:

Any environmental impact caused by the demolition of the historic building, structure or other resource shall be mitigated to a level of insignificance as those terms are used in the California Environmental Quality Act; or

Based upon substantial evidence, specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make it infeasible to mitigate the environmental impacts of the project to a level of insignificance; and

Specific overriding economic, legal, social, technological, and other benefits of the demolition and/or of any project proposed to be constructed in place of the historic building, structure or other resource outweighs the significant effects on the environment caused by its demolition.

Penalty for Demolition of Historic Structures. .....It shall be unlawful for any person, whether acting as a principal, agent, employee, or otherwise, to demolish any building, structure or other resource covered by this section. In addition, no building permit shall be issued for any new development on the property in question for a period of five years from the date the violation occurs, other than as may be required to comply with applicable health and safety requirements and regulations, and in no event shall any permit authorize the new construction to exceed the building's square footage, lot coverage, and use of the original structure.

(Ord. 1446 § 2, 2007: Ord. 1172 § 3 (part), 1996; Ord. No. 1664, § 41, 9-18-2018; Ord. No. 1707, § 3, 2-2-2021)

17.16.175 - Historic Preservation Incentives, Historic Property Preservation (Mills Act) Agreements.

Purpose and Intent. .....In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to outline the process for obtaining property tax reduction incentives available through the execution of a voluntary Historic Property Preservation Agreement with the City of San Clemente. For other, regulatory incentives, see Sections 17.16.180, Waivers of Fees/Development Standards, Relocation of Historic Structures; 17.64.120, Modifications and Waivers of Parking Requirements; and Section 17.16.110. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

Authority. .....The City Council is the final authority on the authorization and approval of Historic Property Preservation Agreements with owners of properties on the City's Designated Historic Resources List in accordance with Government Code §§ 50280 et seq. and the Revenue and Taxation Code §§ 439.2 et seq.

Applicability and Eligibility. .....This section shall apply to all applications for property tax reductions through contracts between the City and the property owner, called Historic Property Preservation Agreements. In order to be eligible for an Historic Property Preservation Agreement, the property must be listed on the City's Designated Historic Resources List, and be an income-producing or owner-occupied property.

Mandatory Provisions of Historic Property Preservation Agreements. .....State law mandates that, at a minimum, Historic Property Preservation Agreements provide for all of the following:

A perpetual 10-year term, with a minimum initial agreement term period of 10 years, and one year added automatically to the term of the Agreement each year unless a notice of nonrenewal has been filed. If a notice of nonrenewal is filed, the agreement will become null and void upon expiration of the 10-year term in effect at the time the notice was filed.

Preservation of the designated historically significant property throughout the term of the agreement.

Restoration and rehabilitation, as necessary, to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation.

At the applicant's expense, in a fee established by resolution of the City Council, periodic examinations, every five years consistent with State law as may be amended, of the interior and exterior of the property by the assessor, the State Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the property owner's compliance with the terms of the agreement. Although not mandated by the state, each agreement will also provide for periodic inspections by city staff with advance notice.

For the agreement to be binding upon, and inure to the benefit of, all successors in interest of the property owner. Successors in interest shall have the same rights and obligations under the agreement as the original owner who entered into the agreement.

Penalty of 12½ percent of the full market value if the agreement is canceled in accordance with subsection (J) of this section.

Initiation of Historic Property Preservation Agreements. .....A request for approval of an Historic Property Preservation Agreement may be initiated by the filing of an application by the owner(s) or his/her (their) authorized agent(s) of a property on the City's Designated Historic Resources List.

After January 1, 1998, applications will be accepted on a quarterly basis (first come, first served) for the first three quarters of each calendar year. No more than five applications may be accepted by the City during each quarter.

Submittal Requirements. .....Except as amended in this section, please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

Review Procedures for Historic Property Preservation Agreement Requests.

All applications for Historic Property Preservation Agreements submitted within each quarter will be processed together in the quarter following the quarter in which the application was deemed to be complete. All approved agreements must be executed on or before December 31 of each year in order to take effect for the following property tax year.

Agreements completed, but not executed, by December 31 of a given year will be carried over for execution and recording in the following year and will take effect in accordance with subsection (G)(1) of this section.

Pre-application Review. Prior to submitting an application for an Historic Property Preservation Agreement, the owner shall schedule a pre-application review conference with the Planning Division. The purpose of the pre-application review conference is to ensure that mandatory terms of the agreement are understood and that the minimum submittal requirements are met. Applications may be submitted after the pre-application review conference.

Following receipt of a completed application, the Planning Division shall schedule a meeting with the property owner at the subject property (the "site meeting"). The purpose and intent of the site meeting is to inspect the property to determine compliance with the criteria specified in Section 17.16.160(F) of this chapter and review the proposed improvements and maintenance items, if any, deemed necessary during the first 10-year period of the agreement to restore the property's architectural and/or historical integrity. After the site meeting, a follow-up meeting may be scheduled by the City Planner with the property owner to estimate the potential property tax savings for the individual property. However, actual property tax savings will be calculated by the County Tax Assessor each tax year. The City's estimate is no more than a simple estimate and not intended by the City to represent the actual tax savings any person may experience. No person should rely on City representatives regarding the potential tax savings resulting from the execution of an Historic Property Preservation Agreement when such person is contemplating entering into such an agreement. Any person seeking to understand the tax consequences of entering into the agreement should consult his/her tax expert.

Once the site meeting has been completed, the applicant and the Planning Division shall agree upon a list of necessary improvements and maintenance items, if any, and the timeline for completion. The Planning Division shall forward the draft agreement, and the proposed list of improvements, to the Cultural Heritage Subcommittee for review. The subcommittee shall consider the proposed list of improvements, may make recommendations for amendments to said list, and shall make a recommendation to the City Council regarding approval or denial of the agreement together with the proposed list of improvements.

Following receipt of a recommendation on the agreement together with the proposed list of improvements, the City Council shall conduct a public hearing in compliance with Section 17.12.100, Public Hearing and Notification, of this title.

After completion of the public hearing, the City Council shall either approve, conditionally approve or disapprove the request.

Once an Historic Property Preservation Agreement has been approved by the City Council, the property owner shall pay the fee for processing the application to the City Planning Division at the time the application is submitted. Once the applicable fee has been paid, the approved agreement shall be executed by the property owner(s) and the City with notarized signatures. The City shall forward all agreements properly executed during a given calendar year to the County Recorder's office for recordation within 20 days after the execution date. The recorded copy will be returned to the City for submission to the County Tax Assessor's office for implementation. In accordance with state law, no properly executed Historic Property Preservation Agreement may take effect until it has been recorded and submitted to the County Tax Assessor's office. Each Historic Property Preservation Agreement recorded before January 20 of a calendar year will take effect for property tax reduction purposes in the tax year beginning July of that calendar year.

Approval Runs with the Land. .....The approval of an Historic Property Preservation Agreement shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies. The Planning Division will send a letter to the property owner every year requesting property status information, including any completed improvements required by the Historic Preservation Agreement and any changes to primary property owner contact information.

Notice of Nonrenewal. .....Either party to an Historic Property Preservation Agreement may file a notice of nonrenewal at any time after entering into the agreement. The effect of the notice of nonrenewal is that the agreement will become null and void upon expiration of the 10-year term in effect at the time the notice is filed.

Cancellation of Agreement.

The City Council may cancel an Historic Property Preservation Agreement if the City Council determines that the property owner has breached any of the terms of the Agreement, or has allowed the property to deteriorate to the extent that it no longer meets the criteria in Section 17.16.160(F)(1).

Following completion of the Enforcement of Agreement procedures contained within each Historic Property Preservation Agreement and prior to the cancellation of a Historic Property Preservation Agreement, the City Council may initiate and review cancellation of an Agreement as described in Section 17.12.175, City Initiated Changes of Revocation of Approved Applications.

If the City Council cancels an Agreement, the property owner shall pay a penalty of 12½ percent of the full market value of the property, as determined by the County Tax Assessor, to the State.

(Ord. 1445 §§ 11, 12, 2007; Ord. 1231 § 5, 1999; Ord. 1194 § 3, 1997)

(Ord. No. 1548, § 3(Exh. C, § 11), 3-6-2012; Ord. No. 1707, § 3, 2-2-2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.180 - Waiver of Fees/Development Standards for Historic Resources and Landmarks.

Purpose and Intent. .....In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to describe the waiver of fees/development standards for historic resources and landmarks on the City's designated historic resources and landmarks list. For other regulatory incentives, see Sections 17.16.175, Historic preservation incentives, historic property preservation (Mills Act) agreements; 17.64.120, Modifications and Waivers of Parking Requirements; and Section 17.16.110. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

Authority. .....The City Council is the final authority on the authorization and approval of fee/development standard waivers for properties on the City's Designated Historic Resources List.

Fee waivers.

The fees for the first eight hours of time required to process a Cultural Heritage Permit shall be waived for the following eligible properties:

All resources sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.

All abutting single-family homes and duplexes.

All sites with three or more dwelling units within 300 feet of residentially zoned sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.

The fee waiver shall not apply to non-historic properties located within the Architectural Overlay District.

The fee waiver shall not apply to any costs incurred for any required technical studies, miscellaneous associated fees with processing the application, additional permits, etc. Projects taking less than eight hours of staff time to process shall not be provided a credit for the value of the unused portion of the fee waiver.

(Ord. 1445 § 13, 2007; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1496, § 2, 9-1-2009; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.190 - Reserved.

Editor's note— Ord. No. 1717, § 5, adopted Oct. 19, 2021, repealed § 17.16.190, which pertained to sound amplification permits and derived from Ord. 1308 § 9, adopted in 2006 and Ord. 1172 § 3 (part), adopted in 1996. Provisions pertaining to sound amplification permits is now set forth in Ch. 12.34.

17.16.200 - Business Licenses.

One of the purposes of the business license review process is to determine a business' compliance with the regulations of the Zoning Ordinance. The Planning Division is responsible for the review of business license applications to determine their compliance with the Zoning Ordinance. Please refer to Title 5, Business Licenses and Regulations of this code for additional provisions related to the review of business licenses.

(Ord. 1172 § 3 (part), 1996)

17.16.210 - Building Permits.

The Building Permit review process requires review of Building Permit applications by a number of the City's divisions and departments. One of the purposes of the Building Permit review process is to provide for the Planning Division's determination that proposed development complies with the City's Zoning Ordinance and with the conditions of any discretionary approvals a project has received from the City. Please refer to the City's Building Division for additional provisions related to the review of Building Permits.

(Ord. 1172 § 3 (part), 1996)

17.16.220 - Adult-Oriented Business Permits.

Please refer to Chapter 5.12, Adult-Oriented Businesses, of this code for provisions for obtaining an Adult-Oriented Business Permit.

(Ord. 1172 § 3 (part), 1996)

17.16.230 - Development Agreements.

Development agreements are processed by the Community Development Department in accordance with State law, Government Code Section 65864. In accordance with State law, the approval of a development agreement by the City requires public hearings before both the Planning Commission and City Council.

(Ord. 1172 § 3 (part), 1996)

17.16.240 - Administrative Sign Permits.

Purpose and Intent. .....The Administrative Sign Permit process is to provide for a more expeditious and streamlined review and approval procedure for signs that are consistent with the standards of this chapter.

Authority. .....The City Planner is the final authority on Administrative Sign Permits, subject to the concurrent review and appeal provision of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Review Procedures. .....Following receipt of a completed application, the City Planner shall review the application for compliance with the Zoning Ordinance. When a Discretionary Sign Permit and/or Sign Exception Permit is approved for signage, Administrative Sign Permit Applications are also reviewed to ensure they are consistent with plans approved through the discretionary review process.

Appeals. .....An appeal of the action upon an Administrative Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

(Ord. 1172 § 3 (part), 1996)

(Ord. No. 1594, § 3(Exh. A, § 19), 5-5-2015)

17.16.250 - Discretionary Sign Permits.

Purpose and Intent. .....The purpose of this section is to provide a discretionary review process for signs that are significant in terms of size, number, location or type. The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood. The intent of discretionary review is also to ensure that signs comply with the purpose and intent of the City's sign regulations.

Authority. .....The final authority on Discretionary Sign Permits is as follows:

Planning Commission for signage in the Architectural Overlay district, freestanding signs, pole signs, and Master Sign Programs for new development.

Zoning Administrator for other signage requiring a Discretionary Sign Permit.

Applicability. .....A Discretionary Sign Permit is required to allow any of the following:

Sign types for which a Discretionary Sign Permit is required in Table 17.84.030(A), Matrix of Sign Types.

Tenant exceeding 64 square feet at a property outside of the Architectural Overlay District.

Tenant signage exceeding 25 square feet at a property within the Architectural Overlay District.

Signs with neon lighting.

Master Sign Programs according to Section 17.84.020(G).

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.140, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Development Management Team review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act and determine if environmental studies are required. If studies are required, then they shall be conducted at the applicant's expense, which may involve the selection of a consultant.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings. .....Prior to approval of a Discretionary Sign Permit, all of the following findings shall be made:

The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, Design Guidelines, respective specific plan or Architectural Overlay District in which the sign is to be located;

The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

The design and materials of the sign provide a contrast between the background and letters;

If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

If a pole sign is included in the sign application, the design, scale or location of the building dictates the use of a pole sign rather that a monument sign;

For Master Sign Programs:

The provisions of the Master Sign Program ensure consistency in design and style of all new signs,

The provisions of the Master Sign Program address compatibility of the design and style of any existing signs on the building or site, and

All new signs within the Master Sign Program are in compliance with the design standards of this chapter.

Appeals. .....An appeal of the action upon a Discretionary Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

Other Review Requirements. .....Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as consideration of concurrent applications, time limits on approvals and time extensions.

(Ord. 1314 § 12, 2006; Ord. 1172 § 3 (part), 1996)

(Ord. No. 1561, § 3(Exh. A, § 8), 11-27-2012; Ord. No. 1575, § 23(Exh. A, § 23), 12-3-2013; Ord. No. 1594, § 3(Exh. A, § 20), 5-5-2015; Ord. No. 1638, § 3(Exh. A, § 1), 1-17-2017; Ord. No. 1759, § 3(Exh. A), 10-3-2023)

17.16.260 - Reserved.

Editor's note— Ord. No. 1619, § 4, adopted April 5, 2016 repealed § 17.16.260, which pertained to Sign Exception Permits and derived from Ord. No. 1172, § 3(part), adopted in 1996, and Ord. No. 1594, § 3(Exh. A, § 21), adopted May 5, 2015.

San Clemente City Zoning Code

CHAPTER 17

16 - APPLICATIONS

17.16.010 - Purpose and Intent.

These provisions are intended to prescribe the procedures for filing and processing specific applications when required or permitted by this title.

(Ord. 1172 § 3 (part), 1996)

17.16.020 - General Plan Amendments.

Authority. .....The City Council is the final authority on General Plan amendments. The Planning Commission shall provide recommendations to the City Council regarding General Plan amendments.

The City Council may amend all or part of the General Plan, or any element thereof.

Initiation of Amendments to the General Plan. .....An amendment to the General Plan or any element of the General Plan may be initiated by any of the following actions:

A majority vote of the City Council;

The filing of an application from a property owner(s) or his/her(their) authorized agent(s).

Referral of Proposed Amendments. .....General Plan amendments shall be referred to persons and agencies specified in Section 65352 of the Government Code.

Review Procedures.

Planning Commission Review.

City Council Review.

The Commission's review of the modifications shall not require a public hearing.

Required Findings. .....Prior to the approval of a General Plan amendment, all of the following findings shall be made:

The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

The proposed amendment will not adversely affect the public health, safety, and welfare.

Approval Runs with the Land. .....The approval of a General Plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.030 - Specific Plan Adoption and Amendments.

Additional information regarding specific plan zones can be found in Chapter 17.52, Specific Plan and Study Area Zones and Standards.

Initiation of Specific Plan Adoption and Amendments. .....Specific plans and/or amendments shall be initiated in the same manner as amendments to the General Plan.

Review Procedures.

Following the preapplication conference the City Planner shall provide the applicant with written comments summarizing the major issues and conclusions resulting from the conference.

Required Findings. .....Prior to the approval of a new specific plan or a specific plan amendment, the following findings shall be made:

The uses proposed in the specific plan or specific plan amendment are compatible with adjacent uses and properties.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

The proposed specific plan amendment will not create internal inconsistencies within the specific plan.

Approval Runs with the Land. .....The approval of a specific plan amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.040 - Zoning Amendments.

Amendments to zone boundaries or text of this title that are not consistent with the General Plan must be accompanied by a General Plan amendment application.

Initiation of Amendments to the Zoning Ordinance or Zoning Map. .....Zoning amendments and/or amendments to the Zoning Map shall be initiated in the same manner as amendments to the General Plan.

Required Findings.

General Findings. Prior to approval of a zoning amendment or amendment to the zoning maps, the following findings shall be made:

The proposed amendment is consistent with the General Plan.

The proposed amendment will not adversely affect the public health, safety and welfare.

Pre-Zoning.

Following annexation of property with a pre-zoning designation, the Zoning Map shall be revised to remove the pre-zoning designation and to apply the correct zoning designation.

Recordation of Zoning Map Amendments. .....A change in zone boundaries shall be indicated by revising the Zoning Map and by listing on the Zoning Map the number of the ordinance amending the map.

Approval Runs with the Land. .....The approval of a zoning amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. 1172 § 3 (part), 1996)

17.16.050 - Reserved.

17.16.060 - Conditional Use Permits.

Review Authority. .....The review authority for Conditional Use Permits is as follows:

Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

Use/Modifications	As Provided for in:
Antennas, new, on City property	Section 17.28.070(C), Review Requirements
Chimneys which exceed the height limit of the zone in which they are located by more than two feet	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Density bonus requests	Section 17.24.070(E), Review Procedures
Development standards, determination of, for development in the following zones: RVL Zone, Open Space Zones, Public Zone	Table 17.32.040, Residential Zone Development Standards; Table 17.44.030, Open-Space Zone Development Standards; Table 17.48.030, Public Zone Development Standards
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller	Section 17.40.050(C), Required Findings for Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller	Section 17.40.050(E), Required Findings for Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones	Section 17.24.090((C)(2)(b), Review Procedures
Flag poles and church steeples in residential zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Flag poles, antennas (other than satellite antennas or antennas on City property), church steeples, cupolas, and monuments, and similar structures in nonresidential and mixed-use zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Storage tanks and similar structures in nonresidential zones that exceed the height limits of the zone where they are located	Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits
Grading requests not accompanying development requests	Section 17.28.130(B), Review Requirements
Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use zones	Section 17.40.050(D), Exceptions to the Minimum Floor Area Requirements for the Commercial Portion of Mixed-use Projects for Buildings on the City's Designated Historic Structure List
Home occupations conducted outside enclosed structures	Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase	Table 17.36.030E, Row "Height Limitations", Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase	Table 17.36.030F, Row "Height Limitations", Subsection 2
Height limitation exception for sloping topography in Mixed Use 3.0 (MU 3.0) Zone	Table 17.40.040D, Row "Height Limitations"
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase	Table 17.40.040F, Row "Height Limitations", Subsection 1
Height limitation exception for sloping topography in Mixed Use 3.3 (MU 3.3) Zone	Table 17.40.040G, Row "Height Limitations"
Nonconforming uses: change from prohibited use to a different prohibited use	Section 17.72.060(C)(3), Changes of Use.
Nonresidential uses allowed in the zone located on the same floor as residential uses of a vertically mixed-use building in Mixed Use zones	Section 17.40.030(A)(2)(a), Special Use Regulations
Outdoor dining areas	Section 17.28.205(C), Review Requirements
Parking modifications for: Bed and Breakfast Inns; Uses in and out of the Downtown Parking Study Area; Historic nonresidential and mixed-use structures; Historic structures in the RM and RH Zones; Relocation of historic structures; Hotels	Section 17.28.090(D), Minimum Standards for Bed and Breakfast Inns in All Zones; Section 17.64.125, Waivers of parking requirements
Public utilities, major, initiated by outside agencies	Section 17.28.240(B)(2)(a), Projects Initiated by Outside Agencies/Applicants
Residential uses on the street level, buildings on the City's Designated Historic Structure List	Section 17.40.030(A)(2)(a), Location of Residential Uses
Urban Private Storage in Mixed-Use Zones	Section 17.28.305, Urban Private Storage
Height exceptions for residential development on Lots 46 through 64 of Tract 4938 in the RL-11 special residential overlay zone	Appendix A, Subsection (K.4.B) in this Title

Submittal Requirements. .....Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

Application Filing, Processing, and Review.

Public Hearing and Appeal Provisions.

Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.

The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.

The review authority's decision may be appealed per Section 17.12.140.

Required Findings.

The site is suitable for the type and intensity of use that is proposed.

The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

The proposed use will not negatively impact surrounding land uses.

Use/Modifications	As Provided for in:
New antennas on City property	Section 17.28.070(F), Required Findings for Conditional Use Permits
Density bonus requests	Section 17.24.070(F), Required Findings
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller	Section 17.40.050(C), Required Findings for Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller	Section 17.40.050(E), Required Findings for Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones	Section 17.24.090(D)(2), Required Findings
Grading requests not accompanying development requests	Section 17.28.130(C), Required Findings
Height limitation exception for sloping topography in Mixed Use (MU) 3.0 and 3.3 Zones	Section 17.40.050(F), Building Height and Stories in the Downtown Core
Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use Zones	Section 17.40.050(D)(2), Required Findings
Home occupations conducted outside enclosed structures	Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase	Table 17.36.030E, Row "Height Limitations", Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase	Table 17.36.03F, Row "Height Limitations", Subsection 2
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase	Table 17.40.040F, Row "Height Limitations", Subsection 1
Nonconforming structures: replace structures in non-residential zones that are damaged by an accident with repair costs that are 50 percent or greater than a structure's replacement cost	Section 17.72.070(B)(3)(b), Structures damaged by 50 percent or greater of replacement cost
Nonconforming uses: change from prohibited use to a different prohibited use	Section 17.72.060(C)(3), Changes of Use.
Outdoor dining areas	Section 17.28.205(E), Required Findings
Parking waivers for the Downtown Parking Study Area, and certain projects and land uses outside the Downtown Parking Study Area, such as: historic nonresidential and mixed-use structures; historic structures in the RM and RH Zone; and hotel uses.	Section 17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area; Section 17.64.125(B),Waivers of Parking Requirements Outside the Downtown Parking Study Area
Public utilities	Section 17.28.240(C)(2)(d), Minor Utilities
Residential uses on the street level, buildings on the City's Designated Historic Structure List	Section 17.40.030(A)(2)(a), Location of Residential Uses
Height exceptions for residential development on Lots 46 through 64 of Tract 4938	Appendix A, Subsection (K.4.B.2) of this Title